##VIDEO ID:wIpBgs8s7G0## for the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you everyone Madam Secretary may we have the uh roll call please test hello hello I'll do it from here okay um chairman Ernst uh pres Vice chair MC dear commissioner Kenny commissioner buir present commissioner cyre present commissioner Clark absent commissioner Bob is excused and commissioner Besson present we have a quum thank you very much um next item I'd like to U um find out from staff is are there any amendments to the agenda Mr chair no thank you Mr cook um moving on to approval of minutes we have two sets of minutes to approve I'll ask for a a motion to approve for the October 1st Planning Commission meeting so move mooved by Mr mcder for the October 1st uh minutes do I have a second second second by Mr each all in favor say I the next the approval am minutes for October 11th special Planning Commission meeting do we have a motion to approve those minutes so move so move so move by Mr each second to that motion second second it so both approval of the minutes for both those meetings um you have them with you that I could sign Charlie all in favor oh I'm sorry um we had a second all in favor say I I I thank you very much great I have a question excuse me I I don't know if I have a different version of the minutes but mine lists minutes for September 12th as well was that removed for some reason October 1 and October I have October 1st and October 11th thanks are we all straight on that now okay just make a note that there was a computer era um but the uh the minutes that we have uh listed for on the agenda are were the correct correct minutes okay U next thing we'll go ahead and discuss the meeting for January 7th the staff has had to still scheduled yes sir it is all right and then uh any continued public hearing sir no sir no sir thank you very much at this point we're going to go ahead and begin the public hearings we have three items tonight um they're all quasi judicial and I'd like to turn the uh proceedings over to our councel Mr H to be so kind sir and to uh thank you Mr chair so this announcement is a summary of the procedures that apply to the items on tonight's agenda which are all considered quasi judicial these rules apply to applications on specific process of land like zoning map amendments special exceptions variances and conditional use requests the commission will sit like a court hence the term question judicial reviewing the facts presented at the hearing applying the adopted rules as explained by staff in the staff report and verbally commission members can make site visits but must disclose the evidence upon which they intend to rely from that visit commission 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 all persons intending to speak to the commission will be sworn by the clerk the staff will make a presentation and the commission may ask questions the applicant will make a presentation including expert Witnesses if any and the commission may ask questions when the public hearing is open the public can make comments on the application limited to 2 minutes each citizen testimony must be fact based not opinion commission may ask questions and the applicant's attorney if any may ask cross uh questions called cross-examination members of the public can decline to be cross-examined staff may present additional testimony to supplement or rebut arguments made the commission then deliberates based on the evidence presented commission's decision must be based on competent substantial evidence meaning based on the record staff presentations expert presentations and fact-based comments by citizens based on the according to the standards for approval set forth in its city code the commission may then approve deny or continue the item while step previously read into the record emailed or mailed comments 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 it's contained in the emails or mailed comments but they 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 commission 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 and Mr chair I have an additional comment to make we this uh meeting includes an item that in is authorized the commission is authorized to consider a community benefits package uh this is the second time it was also done previously at the last meeting um I have a a comment to read with respect to that all right sure okay it is only proper to discuss Community benefits packages as specifically authorized by the city council for applications in the bz zone for properties south of 123rd Street and East of bashore drive as permitted by ordinance number 1526 for the height bonus described in that ordinance no other discussions of mandatory or required Community benefits not expressly provided for in the land ofel regulations or comprehensive plan are appropriate for applications coming for before the commission right that brings to point um the discussion that we had at the last meeting sir yes sir what uh what effects does that have on our decision that we passed along to the uh to the council since those well I wasn't at that meeting I think in it was a recommendation if I recall it was a recommendation it was not binding right but so this is cautionary language that that kind of um so we shouldn't so we shouldn't discuss request of an applicant would not be appropriate so we shouldn't discuss those as part of our consideration correct I would ask that youve monitor that for us this evening and and U blow the whistle if we get if we approach that territory so the third application it's specifically provided for right by ordinance right the first two applications are not okay okay all right thank you very much so um I I would like if it's all right with your counselor if we swear everybody in for all three of the items at one time if that's permissible thank you very much Madam Secretary if you could please all right everyone who's going to to speak on the three items tonight one of one or two or three of the items yeah either one two or three the items we'll slore everybody in in right now at this point so please make sure you stand raise your hand yes if you plan on speaking tonight thank you okay do you swear or affirm that the testimony and evidence you are about to give will be the truth the whole truth and nothing but the truth I do thank you you may be seated thank you very much and uh before I read the item into record I'll ask if there's any for a disclosure from any of the members of the Planning Commission U on this item um I'll go one by one Mr cyre no I've had no contact with anyone in this m Miss BL no um Mr Besson no Mr each which item one uh the first item 17102 no okay and then um M mcder no and myself no I've had no discussions on that very good so I'm going to go ahead and begin reading the item into the record this is pc1 17-12 a resolution of the mayor and the city council of the city of North Miami Florida approving a tenative plat application submitted by Waterstone Capital holding limited entitled tentative plat at uh 125 North 12599 Northeast 2 Avenue to subdivide one real parcel of land into two lots for the parcel located at 125 North 99 Northeast 2 Avenue and specifically identified with Miami D folio number 06- 2230 d2920 in accordance with article 3 division 8 section 3-8 2 and 3- 804 of the city of North Miami code of ordinances and chapter 28 sections 28-7 parentheses B of the Miami day county code of ordinances providing for an effective date and for all other purposes may we have staff report please good evening Mr chair and Commissioners Derek cook with development services department has stated the item before you is a tenative P plat specific to the property located at $1 12259 9 Northeast 2 Avenue the request is stated is attended to PL specifically to divide the lot into two Parcels the parcel is current zoning current use is a single family home the request is to subdivide that one parcel into two lots there are several criteria that one needs to meet when subdividing a lot this is zoned R2 R2 has a minimum lot size of 6,000 square ft you need to have a minimum Street Frontage of 75 ft linear feet you need to have a minimum depth of 100 ft as you can see the applicant is proposing two lots that meet that requirement is that it would be 6,000 ft their minimum Street Frontage along Northeast 6th Avenue is excuse me second Avenue is going to be 75 ft and they have a minimum de depth that exceeds 100 linear feet also as part of this review when you are subdividing land you cannot create a non nonconformity specific to when in this instance they have an existing house on the lot and when they subdivided it must meet the minimum standard setbacks for the rear the front and the side as it relates to our two zoning District they have a minimum setb of 25 ft for the front and rear and they have a minimum side set back of 7 1/2 ft or 10% of the width of the lot whichever is greater in this instance with the subdivision of the property they will meet that requirement for the lot that will have the house maintained on that so with that in mind staff is recommending approval of this tend the plat to be um moved forward to city council and then the next steps would be transmittal to Miami day platting and traffic review and the final plat would require city council review those um items will be determined and after that's done is a r recordation of the plat that in staff presentation U Mr cook I'm a resident of that neighborhood um I just don't uh I've never got a notice on it or anything explain again who would have gotten a notice on this I'm I'm five blocks away from it so I don't know if I would had qualified for that possibly is a minimum 500t radius from the property line as the bird flies so you may have been out of that range okay I didn't know if that was because I am familiar with the property driving by it every day or jogging past it so um just let staff know that you know I am familiar with that um all right and then uh just real quick on the setback questions um if everybody else is I'm I'm um not concerned about the width of the setback but in you determining the minimum setback is it in line with everybody in that neighborhood's um side side setback that exists now between the houses I I I I did not make that study so I'm not able to say that what we go by is by the minimum standards that is prescribed per the ldrs the Land Development regulations so everything if it if it is within what is considered the minimum setback it's allowable yes sir there's no other um additional criteria yes all right thank you just that's all I I needed to know on that um so if the petitioners here this evening would like to step forward and address this please give us your name and address good evening uh thank you for having us here this evening honorable members of the commission um I'm the owner of Waterstone capital I have for you if you would like to see a little sir yes name address oh Richard waserstein 1124 King Concourse Bay Harbor Islands Florida 33154 thank you if you'd like to have sure Madam Secretary will pass that out to us thank you we appreciate staff who did a a fabulous presentation um basically the first page that okay you can see it on the screen also oh yeah so the first page that is in this little pamphlet which is also on the screen gives you the different lot widths of all of surrounding properties and you'll note that the property directly to the north is only 50 ft wide and there are many properties that are 60 um 65 70 ft wide ours are 75 ft which is the minimum required um so we meet that the lot size has to be 6,000 square ft our lots are one of them is 12 over 12,000 Square ft and one of them is over 13,000 Square ft so we exceed that requirement there's a minimum of 100t depth and the smaller lot if you go to page page two of the pan it gives you it shows you the house and the way the Lots would be divided the length of the smaller part of the lot is 161 ft and then the lot line in between the two is 201 ft and then the longest part which is next to the park is is over 200 241 ft so the depth far exceeds also the requirement um the idea and our goal is to build a a brand new beautiful home on this property on the Divide on the lot and the last page is just a survey um as the page two indicates and as staff reported we meet all of their criteria for a lot spit um and we're looking forward to building a brand new beautiful home next to your brand new beautiful park that's all I have all right and we would appreciate your support sure we'll um we're going to open up the public hearing uh anyone wishing to address this item uh please come forward uh and you sir will have a chance if there's anyone speaking um for against it you'll have time for rebuttal if um if we have anyone would like to address this item please come forward seeing none all right I'm going to go ahead and close the public hearing public hearing is now closed open discussion with the U uh commission um I I'm going to lead off um um just a u um you know few observations if I may um um this is a beautiful um beautiful neighborhood I'm very proud to be a a resident of of it um I noticed it was called bis game Park Estates and not Bree swept it it we consider that a part of Bree swept I didn't know why the paperwork listed it uh if that was an old County designation or um maybe staff could could answer to that um that that would be something that they would have pulled from the plat book um plat book would be with the county yeah so right I mean that could be very old if it's because it's it's considered um it it said bis Gan Park East and um you know we know that it's not in biscane park so I wanted to make make sure that we're fine with the fact that that is city of North Miami next to a city of North Miami totot yes that is what it that is pulled specifically from the plat book They're saying this as you see from the plan right um lot one amended bis game Park estate on plat book 45 page 18 correct correct but um it it's okay for us to U correctly identified as a part of a Bree swept being a proud resident um I want to make note of that and um um you know the this area is uh um the homes in this area are um of the older variety but they are also um have have gained in in um value over the years and uh I think you will find most of the houses are in the $500,000 range if not higher throughout that neighborhood and I would hope that the um that the gentleman uh wants to build something that is similar in nature to what he has around him in the surrounding neighborhood um so um um that's pretty much what I you know I I uh we certainly welcome it if it's a nice design and and hope that uh it it will fit in the neighbors make it something that we can be proud of um have a little concern about how you would deal with the park next door um as regarding noise or or uh there's not much traffic there's only a small little parking lot out in front of the park so that's no concern in the neighborhood um but um you know if if um if they had any concerns about the noise or they anticipate any U problems with that if there's a way that they would be willing to um mitigate that for the person that would move into that house you know the buyer so um if you you know if you care to address that um but that's that's really all I have to offer and you know I'll I'll certainly lend my support to it and wish you the best of of luck sir um anyone else wishing to address have any further comments Mr Bon is the uh house currently occupied that that resides on the property as now yes the the house to the north of the lot is occupied right now the house the house on the lot itself on the lot itself well yeah there's two there's kind of two lots so there's a lot next to the park and then the lot that has the house on it that house is is occupied right do you know the the living square footage of the house I think it's about 2500 ft if I'm not mistaken and and what's your general game plan as far as building uh the second home should we okay this project um the the the game plan is to do something like the chairman said to make you proud to make us proud cuz if we're proud and you're proud then we're going to be able to sell it if we do something ugly we're going to get stuck with it so we're going to you know local Architects and they're going to review the different styles in the area and come up with a home that we expect will be at least 2500 square ft if not larger and um definitely we're going to take into consideration you know the noise from the park and and make it a beautiful home that all of us will be proud of and hopefully we'll make a little bit of money thank you for your candid answer thank you Mr cyer Sir I have bicycled through that area numerous times and I have uh no negative feelings on this I had often wondered why that this action hadn't been taken many years ago I'm supportive of project well that that was former property of of the owner was a a very renowned and known person in the community for uh being a Cocaine Cowboy at one time I I believe and um who's who's now doing time somewhere in in Middle America and he was quite a colorful character and quite a colorful neighbor um so I'm glad to see that you know they they've tried to keep the property up I know it's been tough to to maintain it it's a big house and uh it's going to take a lot of work but it it's it's it's got a lot of value and and and I'm sure that'll it'll it'll sell in no time once it gets fixed up along with a new um new project do you have a timeline sir on that by the way sorry we're ready to move forward first we have to get the lot split and I'm not sure about the process on the approvals from the county once it's split once we get the second approval from the commission we're going to start working with the architect okay so we're ready to move forward forward right away very good all right thank you any other questions Mr cyre no no I I have none Mr chairman uh I'm ready to move this this project forward all right let me hear from Miss PL thank you Mr chairman um so just looking at the property I see that it's actually 2900 Square ft is that more accurate it could be it could be and right now it's uh when I looked at the tax there's difference between AC square footage and total square footage which includes the covered areas so the the total covered area is 2972 yes and I think the AC is about 2500 if I'm not mistaken okay currently right now it's worth about one M over a million dollar so when when you split the two and you make it two lots are you looking to sell two homes at a million each what what I I I'm hoping that I'll be able to sell the existing home for at least a million and and the new home I would have to get a little bit more than that for it to make economic sense which I think I can do a brand new home on the water it's beautiful back there with the um with the view of the you know the Waterway and so I I'm hoping we can get a nice price we want to do a beautiful home and how close and I I know that staff mentioned that um there would be equal amount of space but how close would the two properties be so the house that's existing you're required to be 7 and A2 ft from the property line but in actuality it's about almost 10 it's 9.6 ft and so the house that's going to be built will be at least 7 1/2 ft so the two houses at the closest point will be about 16 1/2 ft apart from each other and then how close would the new one be to the to the park it'll be at least 7 1/2 ft which is what's required you know when the architect designs it he'll he'll come up with you know the best way to do it um and also to try to avoid void the noise from the park and if I may interject now you have foliage or that property currently has foliage along that southern side of the property um act as a buffer um I would encourage that you would want to maintain that maintain and increase it and increase it absolutely good answer absolutely thank you is this the only property that you own in the city of North Miami no ma'am we do own other properties um is this your first project like this or have you done something similar we've done um C certain other projects here with my family there I think you you be the city are ten tenant of ours at the old Family Dollar store is that the city of North Miami also um yeah on 125th yeah 25th the old Family Dollar that was Dollar General I not we built that many many years ago staff no that um that is um a charter school is in that location oh is a charter school okay I thought it was your building department okay so that's a um a building that we built maybe 15 years ago 20 years ago yeah I remember we went through that approval process we're also involved with the um Planet Fitness building that used to be a Chase Bank MH so the planted Fitness building that used to be a Chase Bank we also have involvement with that and we also have involvement with the Family Dollar store that's just over the railroad tracks just east of the railroad tracks west of biscan Boulevard where the Enterprise yes with the Enterprise so that was an old dilapidated building that we bought and we rehabed and it's a nice property today in my opinion any other residential I've done res residential in Surfside Bay Harbor Miami beach but not in North Miami I haven't done in North Miami before thank you thank you all right U Mr mcder um no um I don't have any comments looks like it's going to be a nice project thank you um Mr reach no I have no comments very good thank oh um I've made my comments and I'll go ahead and uh entertain a motion I make a motion that we approve uh Mr Mr reach moves for approval seconded by Mr cyre we will do a roll call on this for each item tonight Mr Besson you are up first sir yes yes from Mr Besson Mr cied yes yes from Mr cied missmer yes yes from Mr plur Mr mcdermid yes yes from Mr mcdermid Mr re yes yes from Mr each and um chairman Ernst is a yes motion approves uh unanimously good luck so move thank you sir for your presentation good luck with the project and hope you you meet all your goals and yes thank you for do you get for the all right um moving on we have another it grab my glasses did a lot of reading today so my eyes are a little blurry you start next item up is PC 17103 of resolution of the mayor and City Council of the city of North Miami Florida approving an application for a conditional use permit and substantially the attached form for the development of a four story 16 unit apartment building with 26 ground level parking spaces on one parcel real property located at 550 Northeast 127 Street folio number 0622 uh 223 0-25 D 0030 and totaling approximately 16,500 ft or roughly 0.3 acres in accordance with article 3 division 4 sections 3-42 through 3-47 Article 4 division 2 sections 4-2 2 sections uh section 40 23 parentheses 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 for all other purposes uh the speakers have all been um sworn in on this this is a quasi judicial item um at at this point I'll also ask if there's any disclosure uh from any of the members of the Planning Commission U Mr Besson no Mr Besson has no disclosure Mr cyre no no Miss BL no no uh Mr mcdermid yes I had a relationship with the prior owner of this property we discussed this it's not a conflict okay thank you counselor and Mr re I I went over there the other day I think it was what's today Thursday I think it was Monday or Tuesday when I picked up the packet to at the property and even met one of the tenants or one of the workers over there he let me in to go look at the back of the property but nothing as far as comment and all right thank you sir and I I I know of the property because I drive by it coming back from Publix taking a shortcut through that neighborhood so um that's really the only knowledge I have of it that it's there I couldn't remember what it looks like but I know that I drive by it all the time so if we could have staff report sir thank you chairman Ern um Derek cook with the development services dep department has stated the item before you is a conditional use permit for the property generally located at 550 Northeast 27th Street the request before your state is a conditional use permit the request to us aot 15 bonus units for the property the property is approximately 32,9 7575 Square fet which is 6.76 Acres the current use is vacant located within the R2 residential zoning district and it was previously with the overlay District of the neighborhood Redevelopment overlay District which allow for a maximum height of 90 ft and a maximum dwelling units per acre of 100 per acre um sir I know we uh we have since done away with the nro and uh I need to ask you if this was a part of one of is is this a new petition or was this one that was existing when that nro was in effect this is definitely one that was existing when the NR was in effect um we do not have any projects that are in the pipeline that would come before you that were not existing had application of a would have had Communications with staff and and have re related to us that the purpose of their purchase of the property was to take advantage of the neighborhood Redevelopment overlay district and and then they would have to Supply documentations to approve that and we'll we'll have that conversation with legal on whether or not that they will be able to have what we call vested rights to be able to move forward under that umbrella of the neighborhood re um Redevelopment overlay District I bring it up because I have one item that's talking about that and um I've advised that individual that yes we did have a preapplication meeting that was a while ago but you need to provide me with substantial documentation that this was your intent and we'll have discussion with legal and if it is determined that they can move forward then we will have an item under that scenario that would come before you but as it stands right now the ones that you are seeing are ones that were within our queue who had fully applied and was moving forward okay I think we'll have a further discussion on this but I would like to give an opportunity for the petitioner if you're finished with with your presentation no so I'm just answer that question so um as stated the application is for um a four-story building with 16 units it will have 26 parking spaces it will also include the promotion of active Street along the Northeast 127th Street it will have in enhanc pedestrian experience within the property and it also would incorporate sustainable designs such as storm water um landscaping and things that effect to enhance and maintain the properties um so it won't be any overflow within the neighborhood the economic impact associated with this development will anticipate 107 direct and indirect jobs from it they're estimating um wages of approximately 7.4 million doing the time of the construction they're looking at aval of $250,000 yearly and they're looking at impact fees of approximately $250,000 this project also will require review by the development Review Committee for site plan approval that site plan approval also will require city council approval the applicant will be required to construct and maintain a minimum 6ot wide sidewalk of along Northeast 127th Street all utilities will be on the ground they will be required to get a certificate of use and the business tax receipt they would need to be lead certified or lead equivalent in the Green Building and they would need to do sustained um landscaping and resiliency items within the property the next steps for the item will require the conditional use permit to go before city council that would be determined and it would also as stated require the development Review Committee site plan reviewed by city council for approval and that would be a determin doing staff review we have several we have criterias that we look at as part of a conditional use permit review and these conditions are stated within section um article 4 section 3-42 through 3-4 7 they include future land use elements you know while we looking to conserve and maintain um um housing within the Ser within the city are we going to have um the proper level of services available for the property um we look at the economic impact look at the climate elements associated with the property and as it relates this property it meet these requirements it's alluded to you have con currency that you would need to look at dealing with water and sewer capacity of course since they already have water and sewer that is connected to the property even though it's vacant that is available for their use they will have storm water that they would need to maintain on their property and they will achieve that through their um civil engineering component so we look at the application that if it's in compliance with um 4-25 it's a sub properity is zoned R2 um it allows for density up to 5.2 per acre it's also within the neighborhood Redevelopment overlay District as stated which allows for a height of 90 ft and 100 units per acre the applicant is proposing a four-story building of 35 ft and would only have 16 unit units based on the size of the lot they could do 35 units at the location also is it consistent with the standards of the ldrs it is it will require further review for the site plan we we get into the landscaping and things to that effect on the um property and that will be reviewed and that would go before city council they are meeting their parking and they have a um in their um traffic study showed to be in compliance they needed 26 parking spaces they are provided the 26 parking spaces which is 1.5 parking spaces per unit and a minimum of 5% for guest parking staff has um several conditions that we uh have associated with the um project that we put in the staff report we asked those those be included in your review if you so choose to approve it with that staff ends his presentation thank you thank you very much if the petitioners here may come forward with the presentation one one question Mr chair for staff yes did this site come before us a year ago with a slightly different configuration I know did this come before I know we had we we have a project that is right across the street which is 555 Northeast 127 Street which is a 12 unit four story building I mean so and then we have another project which is a larger project right there on Northeast 6 Avenue that is immediately I larger one but I perhaps I'm confused between this and the slightly smaller project that's across the street yeah it was across the street all right and that's the one that came for last year that that was a that included a building that was facing 6th Avenue and a abandoned home behind it is that correct that's n six year sir the larger building that speak 555 555 is um is in the R2 completely and it is um a four story 12 story unit that development that was approved and went before city council last year yeah right now um is that directly across the street from this pretty much yeah I think they're right across the street from each other all right well slightly to the right or to the left I can't remember directly anything else Mr cyer no I I just want to make sure because I recall the discussions from a year ago rather extensive on Landscaping as as a matter of fact yes so I wondered if this was the same site with perhaps a new owner or is a different owner um it was that site if I may and through this chair my apology commissioner sis the you remember the last component because one of their features of that development was the enhanced Landscaping that they was providing um um it was doing a garden all this stuff associated with the site um at that time um the director um Debbie love was the item was the individual that brought it before you at that time so it was um they had very robust land aping with this project and that was with that's when the nro was in effect correct correct that property was done um okay I'll hold off until I hear presentation I still want to explore uh this a little bit further good evening ma'am please state your name and address for the record um thank you very much Mr for the presentation good evening everyone uh my name is a gitos um ad address 8671 Northeast Miami Court Al portal Florida uh I am the principal of the design build firm designology LLC and um I had the opportunity to work in this project in beautiful city of North Miami which I'm very familiar with because um I was bringing two of my sons to the school on 123rd to um Montour of North Miami like going back and forth alport toown uh North Miami for about five years um so I'm really you know delighted to have the opportunity to work in the beautiful city of North Miami um my clients they have been a longtime residents um of North Miami uh you know occupying a single family home and uh they've been inspired by um the nro you know the opportunity that it offered and also the um you know Neighbors from 555 noreast 127th Street that their project have been approved um so we've decided to you know move on with our application as well when I open up the public hear and I'll ask if those people are here you if if there's anyone here um that wish just to speak on that all right um go ahead yes I prepared a small presentation uh if I may absolutely thank you excuse me put it on the flash drive oh okay okay so give us a moment as we um prepare so she can have her um presentation be available to the public she's going to put it on a flash drive that was provided and then we'll transfer it over thank you for your patience no no problem sir thank you m can I because this is not it's not compatible to I can or if there's a cable that I can email it to me if you can em it transfer for Mr cook are you going to need an extended amount of time to do this we could call a recess until you're ready if you like thank you um chair Ernest if you would please yes we probably going to need a few minutes she's going to need to email it to me I'm going need to download it call For Recess until we get the computer situation straighten out we are in a recess until uh further noce no know we get confusing because it's a whole different issue right we'll wait all right I I don't think it'll be that long a matter of getting an email should have been prepared oh these things happen technology doesn't always line up City Hall can't even print the agenda so not surprising you know we're treading water here okay so message e e e e e e e e e e e e e e e e e e e e okay I think we're we're back up um to make note the recess we're now back in session at 8:03 um we had U we had recessed at approximately 8 or 753 for 751 okay good so we're now back in session and uh I hope you're all set I um staff helped you yes thank you very much and thank you for your patience no problem go ahead you may continue Yes actually I would like to add a point um the first project that we uh have submitted was four stories and then we went we reduced it to three stories because the setback requirement is different um you know when it's a four-story building and also to be able to uh you know provide 26 parking units uh on the ground floor level we made this adjustment okay so this the original proposal as has been amended correct say three we reduce it by one story so we'll we will note that then counselor how do we U um since it's been changed there's nothing we need to do we need to do anything it's built into isn't it okay the that she changed that all right I mean our Eastern neighbor is is an already existing um multif Family building that's four stories high right and our Western neighbor is a single family home okay so we are proposing a three story 16 unit multif family residential development our company um is an uh design build firm uh and we won International Awards um we have also U mayor's award for the city of elportal for best residential development it takes a village um D all Nomi thus name of our project is specifically designed to cater to the increasing demand for affordable living spaces near educational centers and employment areas this project represents a unique opportunity to create a vibrant and Innovative living environment that promotes Community sustainability and Modern urban living Dell Nomi proposes an infill development for uh the north Miami neighborhood market reports forecast infield developments to increase in the coming years as the communities could be a solution to the affordable housing crisis affecting Miami date city planners see INF field develop ment as essential it's a way to end urban sprawl and improve Service delivery to a growing population at lower cost infield development has increased in popularity over several decades because it uses existing physical and social infrastructure is close to amenities and enhances local economies some governments and planners have set infield development targets to enhance their communities the illustration also shows clearly the Miss Missing middle housing miamidade County and the city of North Miami are witnessing a huge growth in the number of Mega scale apartment buildings dwell Nomi residences is aiming to fill the gap between the mega siiz apartment buildings and single family homes by offering the advantages of Community Living Without sacrific ing privacy and authenticity the smallscale infield development acts as a bridge and enacts a softer transition from the single family residential neighborhood to the proposed high density Urban developments economic impact of the Project based upon an illustrative assessment of impacts on surrounding properties the development will potentially enhance property values within a CCT geography by an estimated 1.9 million to $5.9 million over an extended period of time or generate between $ 13,000 and $38,000 in additional uh annual bam tax revenue we are proposing a mix of units uh two bedroom three bedroom and four four bedroom uh Apartments ranging from 863 ft uh to, 1500 ft each a total of 16 dwelling units uh also Mr cook mentioned this but I would like to emphasize that we're not uh maximizing what we can do in terms of development on the site uh the nro Redevelopment uh overlay allows us to use 90 ft of height and we're proposing 30 fet uh 35 ft of height and um 35 units that we are allowed to develop based on 90 dwelling per acre and we're proposing only 16 units the city requires 26 parking spaces and we are fulfilling that requirement so I would like to emphasize also the concept of the development in terms of small versus big living in a small apartment building compared to a mega-sized apartment building offers several advantages first of all Community atmosphere small apartment buildings often Foster a stronger sense of community among residents with fewer units and fewer residents it's easier to get to know your neighbors organize community events and build social connections second aspect is privacy in a small apartment building you may enjoy more privacy compared to a mega siiz building where there are potentially hundreds of residents sharing common spaces fewer units mean fewer neighbors and less food traffic in hallways in common areas third aspect is personalized service small apartment buildings may offer more personalized service and attention from property management or building staff with fever residents to serve property managers may be more responsive to individual needs and concerns fourth aspect is quicker response time maintenance requests and other issues are often addressed more quickly in small apartment buildings due to the smaller scale and fewer layers of bureaucracy fifth aspect is lower noise levels small apartment buildings tend to have quieter living environments compared to Mega siiz buildings where there are more residents coming and going leading to increased noise level sixth aspect is a sense of ownership as a resident of a small apartment building you may feel a greater sense of ownership and connection to your living space and the building as a whole this can lead to a stronger sense of Pride and responsibility of maintaining the property eight aspect is location and character small apartment buildings are often located in unique and character fied neighborhoods offering a more intimate and localized living experience compared to large scale developments that may like person personality and charm the architectural features um involve a l rice structure the L Rice building with a modern and aesthetically pleasing facade will enhance the neighborhood's visual appeal ample natural light large windows and open floor plans will maximize natural light and ventilation in each unit promoting a healthy and comfortable living environment flexible unit layouts the residential units will vary in size and configuration to cater to a diverse range of residents they will be designed to be adaptable to changing needs sustainability we are dedicated to employ sustainable design strategies to reduce energy consumption and promote responsible uh resource use features like bio swells rain Gardens rainwater harvesting systems and green Walls will become integral components of this Eco conscious approach to Construction and design bios swells and Rain Gardens help manage storm water runoffs by absorbing and filtering rain water reducing the strain on municiple drainage systems and preventing pollution uh of natural water bodies rainwater harvesting systems collect and store rain water for various non-potable uses including fire sprinklers reducing dependence on Fresh Water Resources green Walls covered in vegetation not only enhance athetics but also improve air quality regulate temperature and provide insulation together these Green Building features not only reduce the environmental footprint of structures but also create healthier and more sustainable living environments accessibility and inclusivity the develop will prior prioritize accessibility and inclusivity ensuring that people of all abilities can comfortably reside in and navigate the building the commitment to accessibility aligns with our goal of creating an inclusive and diverse Community conclusion this proposed law rise 16 unit multif family residential development represent an exciting opportunity to create a modern sustainable and community focused living environment we are confident that our design principles and Architectural features will not only meet the needs of residents but also enhance the neighborhood's overall quality of life thanks for your presence and support thank you very much um we're going to hold off on let's are there any uh quick questions before I open a public hearing uh from anyone I have question okay all right I'm I'm going to go ahead and open up the public hearing at which point after we finish you you will have an opportunity to uh present a rebuttal all right and now open a public hearing anyone wishing to address this may step forward please state your name and address for the record good evening good evening um my name is Angel push your pull your mic down so we can hear you good evening thank you yes you're wel my name is Angel orta I'm the resident on 540 noreast 127 Street is U next to the house um I'm here because um I'm not agree with this project as I can see um this building it has like uh we were talking about two bed H like is 16 apartments right we are talking about two beds here three beds two bed three bed four beds so we are talking about the minimum of two bedroom uh usually here as we can see in Miami the rent is growing every year and a lot of people are not allowed to pay the rent so they put on the be on the rooms on their houses like at least uh four people so we are talking about one car per person and it's just 26 parking lot so where those people is going to are going to park the management from the building because uh I believe they have a management and if they're talking about landscaping and all the type of workers where they going to park either we don't have a public parking lot around um as I can see we have already uh one building construction on the cornet facing to Sixth Avenue it's like a big uh building uh and I just was concerned about the 555 Building also I believe that when I purchased this uh property the residents were not agreed with this project I I just was concerned right now that it was approved um so I'm not agree with this I think it's just going to decrease the property the value of the houses I saw here that they have like type of a pool or something they're talking about privacy but I don't see any privacy there when we have like a a building next to them where have windows so people are going to see all the time and I don't think those people at that building going to feel comfortable just laying on the pool and knowing that people watching you from the another building um this is just going to decrease the value of the properties around and it will not make any sense uh it's going to be hard to sell the property after and make some beautiful like a nor Miami I think that's what we want to make people come here like working people Su sex with people to make the city of Miami increase I think we have other places where we can build buildings here thank you very much you're welcome anyone else wishing to address this item please come forward anyone else okay at this point I'm going to go ahead and close public hearing public hearing is now closed and um you may presentent a rebuttal and then we'll go ahead and open up questions to uh to the commission yes um yes I do understand of course the concern from you know the immediate uh neighbor but I think um it's important to see this on a global uh scale um there's every project and everything in life comes with its advantages and disadvantages uh and I think it's very clear that you know this comes as a huge um Plus at to the community of uh North Miami and the development is already um undergoing but we cannot stop development from happening in a way that um there are large scale developments happening very close by and this is acting as an infill development which is actually Bridging the Gap between those massive developments and uh the single family uh home neighborhoods and actually our next door neighbor is also a five um a five story uh multi family residential development um the owners of this uh lot my clients they have been living on that house uh for a long time you know which was neighboring um a multif family development so okay um thank you I'm going to go ahead and open up the um discussion with the commission um I have a lot to say I think I'm going to let everybody else speak on this first and then uh I'll give you my U my viewpoint on this item um I'd like to start with Mr E yes ma' I visited theer thank you I visited the property I believe last Monday or Tuesday I figure which um where I I like the concept now I'm a little bit confused you're going to go three stories is that correct the first second and now you're going to have apartments on the top on the roof and you're going to have a rooftop uh Garden I see uh well the ground floor is completely allocated to parking that's parking that's parking all right the second floor is Apartments the next floor is Apartments now what are we doing on the roof uh well actually we had an issue that we were discussing with Mr cook and they were addressing you put the mic closer to you I'm sorry I I'm sorry it's also my accident thank you um so we originally the project proposed uh a rooftop space and um you know every jurisdiction has of course different rules and regulations in terms of zoning um so the majority of the other jurisdictions um do not actually count um the stairs you know leading up to the uh roof space okay as an encroachment are we put but my question is when I looked at the are you putting two apartments on the roof or on the third floor no that was the very initial proposal on the fourth okay but now are we doing a rooftop garden and a pool up there no because we had to remove those uh because you know we found out that um the stairs uh that are leading to the rooftop were encroaching and we're increasing the building height so therefore we had to go ahead and remove the access to the rooftops well that that's kind of nonsensical I don't understand that I was kind of in through of with the the project when you were having a rooftop garden and I seen the jacuzzi up there whatever and and Derek you got a minute can you get on here I'm I'm kind of confused yes I mean we have submitted updated plans but I don't mean to be rude I I just can they not put a rooftop garden on that place so this is they can okay why why are we not doing it so the certain constraints that they that will be triggered if you exceed 35 ft in height when you are adjacent to single family which is that you need to Institute a minimum 25 ft setb from that side property line speaking to the four to the 540 Northeast 127 Street her house there so what they had proposed was to have 35 ft but they had access to the rooftop for those amenities and if you're under air conditioning because only thing you can have up there is not going to count towards height would have to be equipment such as elevated equipment and um um air conditioning equipment stuff like that but you can't actually have the elevator that lands up there that you can come out you know let me stop you that that that that's preposterous that you know I we went over this project on 6 Avenue in 123rd Street I believe where the guy comes in he said we're putting up this beautiful building the gateway to North Miami and we give the people no Recreation you know you're coming home you're going to come home to your apartment and you're looking at your four walls and that that's absolutely Preposterous I I I mean I I I when I seen this originally and I seen that rooftop garden I said this is what I want to see in North Miami I want to see people come home be able to recreate go up on a roof and enjoy themselves and what we're doing when we when we constrict and I'm I don't mean to raise my voice but when when we constrict this we're just warehousing people that's all we're doing you come home go to work we're just warehousing you and and that's that's you know I I I just can't go along with that I I know well you the cost money and this and just follow up on just you know when I seen this I said this is going to be great this is excellent in order to allow what Mr each wants they either need a variance s setb variance or a code Amendment yes if they want to extend beyond that 35 ft so they have options they can still create the rooftop amenities but it needs to be in that envelope of 35 ft if they need to go above 35 ft it's going to trigger that setback per hour code okay and that setback is there to protect single family homes yes that's the very nature of it so we're not in opposition of having amenities on the rooftop matter of fact we desire it for the enhancement but we have regulations you can do a variance when I U when I walked the property my concern was for the built that the apart rather there's three residential units that your property will abut to one to the West on 127th Street your neighbor and then they was one exactly to the North and then there's another one actually two to the West it comes off of the that one street over there what kind of a buffer are you going to put up between on that side of the project between I'm not worried about the apartment building to the north of you I I mean I that's that's there and then you have in front of that the thrift store I believe but what I was concerned about is what kind of a buffer are we going to have to the the south of you and to the west of you what kind of an buffer are you putting up between the apartments where or rather the houses those are ones where they maintain their privacy yes we did actually incorporate green wall uh because you know that is the could you use the mic please I'm sorry yes sorry uh we did I lost my hearing in combat fighting for this country even with the hearing age it's hard for me to hear you so if you don't mind and yes I mean we did incorporate um a green wall um on on the to the uh West um of our elevation the elevations will also show that um which is neighboring to the single family home so you say green wall how tall will that wall be and what will you actually have in there yeah so basically um it is on the ground floor level so from the ground floor slab to the first floor slab um of the building how tall will that that U wall be one story high okay and that that's that's a wall separate of your building now obviously it's going along the property line or whatever dere does that go wrong the property line how does that work buddy it's on the building itself actually I'm through the chair um I'm commissioner each to ask your question because they have dissimilar uses they will need to have some kind of buffer along the property line it would need to be either Landscaping a wall um or combination of wall and Landscaping to buffer it from the single families well may I I like to make a couple of suggestions to you that's your money you do what you want but um when I seen this project and I seen those two apartments on the top and I thought they were on the west side which would have given the r1s more privacy and then you would have your pool and your amenities on the east side of the building I thought that was fantastic yes that was the initial proposal and I I would suggest you uh well you can do what you want but I I I I would rather see you put two additional apartments up there and and go for variance my whole thing is we're going to be doing the Derek when are we doing the the land the land ordinances over again I thought we we're having a coming up this next couple of months we're in the process right now so we have a consultant we got to address on you know we had this other project on Dixie Highway which is absolutely gorgeous and you know and we're putting amenities on the roof we're giving people something for you know yes you know folks I I don't mean a pontificate I grew up in New York I I seen projects going up and I seen I was the chief of police here also I seen people being warehoused and I don't like it I want people to come home into their home and enjoy themselves okay I don't want to put in 8 hours 10 hours downtown come on and look at the four walls back in the 60s I started in 1970 and the police Department here at least the pools out there that they had pools they had outside amenities and and I like to see that and you know uh um anyway that's my suggestion I cannot agree with you more U rooftop space absolutely because that was you know part of our original um proposal but um yeah because of the height restriction and we didn't have time you know to go through um uh I mean obviously we need to go through variance process anyway I would suggest I would suggest you go through the variance process yes it definitely but anyway I said my thank you ma'am I and I and if I sound if if the partitioner wishes to go through the variance processes we're wasting our time right now discussing that's up to them that's my my my point being that brings in a whole new element to this to what we would have to do to amend this ordinance or whatever and and I I'm not comfortable with that counselor what since since the word variance came up and there's no mention in the original proposal well that so and I I don't think it's our I don't think it's our purview as as as the commission to recommend a variance right but a variant is only required if they're going to amend further amend the proposed project Pro and I think what they're going to want to do is see if they can get approval for the project as proposed now and then re-evaluate whether they want to make changes um because a variance isn't guaranteed and and it adds to the process they may have timing issues um so my guess is that they're going to want to proceed with the application the way it is as amended and then they can decide how to move forward yes absolutely right well let's continue discussion because there's a couple of other points that um I think some of us on the commission may want to bring up um Kenny do you have anything else no no I I I mean I'm just giving her a suggestion uh they can do what they want you know the project is here it's before us uh you know as it is I I I I want to make sure that the residential are ones uh we don't intrude on their privacy if if I may just one other thing since you're going to be up two floors what type of glare are you going to use where they don't get the glare uh intruding light pollution into their property where they do maintain a degree of privacy that that's also very important I mean I don't have a problem with the project but I do have a problem when these people if if your project intrudes on their quality of life with bright light so forth and so on so what kind of glass are you going to use and what kind of lighting you going to use up there uh are you so referring to the light that will uh radiate from inside the apartments or yeah I'm talking about uh the windows that are going to be on the north side of the building or the South side of the building on the east side of the building what what kind of glass are you use on you where where there's not going to be a glare on our property there not going to be light pollution or that type of thing be the West for be the West Side the west side yeah the west and the South Side shall okay so to the single family home yes yes side um so you're referring to the light that will radiate from inside the homes that will emanate from inside your home yes ma'am okay um I mean to be honest I haven't looked into that but I I think it's a very valid point uh we have been required to submit lighting plans uh by the city and we have submitted those as well they've been re uh reviewed and approved um but if there's a further requirement as such we'll be more than happy to review and accommodate so through the chair they did present a photometric plan that was reviewed and the photometric plan deals with spillage for lights and make sure that the counter like that you know won't be intrusive on it I think it's also important to state that the 35 ft is the maximum height that you can that you allowed in the R2 so they with the propos osal that they have at 35 ft they wouldn't have a building that's higher than any single family home that could be built there thus why they wouldn't have to Institute this additional setback going Bey going above 40 um 35 ft and if I may interject thank you thank you just for everybody else to remember this is why we did away with the nro specifically in the R2 and uh um so at the moment that's all I'm going to say about it I'll elaborate a little bit more let me hear from some other people on this this matter um Mr mcder Sir care to um the parking the the parking configuration that they have is that by that's by code without a automatic reduction right they are meeting code U they are required 25 with the 5% they are proposing 26 okay and that's not with any reduction that's no reductions no reductions okay that's all I have all right thank you uh Mur you have the floor Miss um Derek please give me some clarification is what is currently there now sing single family home and the couple that's here actually lives in the single family home next door there're the next door neighbors no no no no the the the owners of the lot who are here with her do they act yes do they actually live in the single family home they now at this moment at this moment they're not they renting it um I think about a year ago they've moved uh to Fort Lauderdale okay so so they are not currently residents of North Miami no at this moment they're not okay so that's that's a it's a very big difference versus someone who live here who is living in the property which is the situation with um 555 if I'm not mistaken the gentleman across the street versus somebody who has a piece of property that is a rental property that they now want to turn into this okay yes right now they are renting it but of course I don't know what their plans are okay so than thank you for that clarification that's number one number two I I feel like I keep I'm beating a dead horse we keep having projects come up that is encroaching upon the single family households and we keep saying that the nro we no longer have them but then these projects keep popping up can you I guess for the 100 time explain to me how is this still happening so thank you um commissioner Premier as I stated several months ago um because this came up as we had talked um intermittently about the ensuing nro leaving that we had a number of projects that were currently in the pipeline and that they would be coming before you um I I mentioned that and that is the case this is one of the items projects that was in the pipeline and they are here before you today they have vested rights to to operate under the nro because they had applied for the conditional use Under the Umbrella of the nro which will allow for them to develop the site as it is and that is why it's before you today okay Mr Kook how many do you have on in the pipeline I don't know how many we have in the pipeline I haven't did a survey I think I have maybe one or two more in the um pipeline we were told before that there were only one or two and I think we've had three or four absolutely this is H problem and if I if I can speak to the to the chair I told you then I wasn't absolutely sure what the number because I didn't had that count understand but that puts us in a in a bind in a in a dilemma because I think we're all pretty much solidly in in agreement that the nro was not a good idea in the R2 District that was infringing upon uh the neighborhoods that are existing now in the single family homes that are there and and it was a terrible um misstep by the city for that taking place um we are not blaming the developers because you took advantage of the situation that was given you by the city um and um but I think you have to also understand that this is a problem because of certain properties that are so close by residential dwellings that this now becomes an issue with the buffering aspect of of U multiple units right up against a single family home and and this is this was a huge fear this is why the nro was done away with um and you brought to us a project that would probably fit anywhere else in the city that wasn't close by an R2 District this is what we're struggling with and and we're we're trying to figure out how to how to deal with this situation that's been presented to us and and you'll have to understand M's um frustration with this is because you we're we're this is the hand that we're dealt with so and and we are now in a position to try to recommend whether not um we want to go through with this kind of project and to allow it and and then perhaps even jeopardized down the road anybody else that would want to come in and take advantage of of uh the misstep of approving that nro so that's you have to understand our position and you know we understand yours as as a developer you know we're not looking for blame we're looking for a situation where we we need to we need to to find a way to to not have it in uh infringed with those existing residents we owe that to them we owe that to the residents of the R2 District because um as as a responsible planners we can't Overlook their desire to want to have that privacy of of being a a single family homeowner and and not have um multiple units as as neighbors yeah Mr and again that was one of the reasons why that nro was was uh released yes sir Mr yeah let me ask a question when you say that uh M Mr cook yes sir uh when you say that there's uh people in the pipeline are these people that have made inquiries or these people that have made um actual physical applications we're talking about um we have one application fully and we have one who I just spoke with this week who had in July gone through the process of a pre-application meeting to discuss the um Prospect of doing a development in the nro and have property within there and I spoke with that person this week and I advised them that the nro is gone and I said you don't have to provide us with some substantial evidence to so that you did purchase this property with the intent to utilize it under the nro and I would present that to our legal for an assessment on will you be eligible to move forward as such under the nro now the other one you spoke about hasn't met with staff or made they have they have a full application in a conditional use project it's the application is in but it's still under review under review okay um let me address Council on this city council if possible um I'd like your input on this if as far as the legality of us determining that that it is not advisable on our part that staff moves through I I I need to know the legal ramification of of this being totally rejected not this project or any other project that was put forth when the nro was was in existence but are are currently in the pipeline as stated by the staff that I would like to see them be null and void uh and if that's legally possible and and what are the alternatives to coming to a solution for this so any applicant that is in the process that was already had their application on file and already had vested rights in the nro district prior to that nro being um dissolved is grandfathered in uh so I would caution you on denying a project that has vested rights on that basis right um that that wouldn't be anything that the city would recommend the city is recommending approval for a reason and one of the reasons being staff is aware of this application it was um already in the process prior to the city making any decision to remove the nro district um so the city would never recommend uh a property owner or an applicant that has already made a financial investment correct based on that um to to have their application rejected on that basis right so um what we're looking at then the this is a Checkmate as far as our decision is concerned is that correct I'll ask our counselor with this it's put us in a position of we can't reject this no other than my words were you can't Bas reject it on that basis okay meaning you don't have to swallow the project as it as it's being presented to you if you find another basis or another reason to deny it right but I I just don't find that to be a valid basis if if you were recall the last project that came to us basically was just not a good project and basically was rejected by that because of the design and and the fact that there were still issues that they needed to iron out within the property so that's what I was alluding to right so I would not reject it on the basis that it's in the in our o District if if there's another basis I'll I'll allow your Council to to weigh in on his thoughts right no I'm sure you'll concur with with well obviously as to grandfathering it was a city attorney's decision right city attorney's office decision um but I would include within the scope of that conclusion that you cannot rect a project merely because it's in in was in the nro is that the basis of the nro was coming up with regulations that allowed projects to be next to correct single family homes and developed criteria to protect them so that issue I think is also included within the scope of a grandfathering right um yeah Mr V I'm sorry chair I was in finished no that's perfectly fine so um something that I want to make very clear that as planners if we're not if we're not going to give be given all of the information and we're going to give be giving a portion of the information it's very hard for us to sit up here and have the same conversations over and over and you know Mr cook with all due respect when you say it's in the pipeline and then you know to me meetings later two more is coming three more is coming at some point someone has to say well how many more do you have I'm you know um to that um Madam commissioner I I'm going to look and see how many have come for because I do not believe it's been that many we didn't have we didn't have that many we had 555 noreast 127 we had 550 noreast 127 and we had another item that was in the nro and then we have um a portion of Nomi 6 which is right there on the corner which is actually exist portion of it is within the PCD which allows for um excessive height and density and they had a property also as part of that project that fell within the nro and which was already our one that they was using that and we Sir with all due respect as a planner and as a resident if you take away something because you have clearly identified that it is encroaching upon the single family household and the families do not want it I'm sorry even if you bring one more after you said no more is too much and I never said no more no I I'm not saying you said no more I'm saying that as a city we said we're not going to continue in that path and so if for whatever reason as a Planning Commission there are going to be one two 3 4 20 25 whatever the case is going to be that is going to come before us at that point when we had that conversation I think it would have been in the best interest of the commission to say guys you're going to have about five more 10 more 15 more because these are in the pipeline I just want to make you aware it just seems as if we're we're like shooting the breeze we say one thing and then we coming up here to rubber stamp something that we said we're not doing any anymore I'm I'm I'm just being clear and upfront because I'm not here to rubber stamp stamp things and when you have Bonafide residents who say I don't want this and they've invested in this community they should be heard and and hold on the last time when we had this project there was a room full of people here and so I I I'm going to question whether or not we actually gave enough notice to enough residents that there is a project of of this caliber that is coming I do not think and I may be wrong that it was done in a timely manner and enough individuals on residents on that block was informed because I think they would have been more people here okay do are you may I respond to anything absolutely go right ahead sir thank you madam commissioner thank you ma'am and sir I I just don't want I don't this is not about you this is about the city and how we move forward with decisions and how we fail miserably to do what we say we're going to do or we say one thing and it looks like something totally different is happening and ma'am I I I I apologize to you but this is this is the reality of where we're at and personally I can't vote on this can I have a say sure um so first of all you know my clients um they have been longtime residents of uh city of North Miami until last year that they have moved out they are not wealthy developers these people want to invest in this vision and um I told them hold on let's be patient because there's an application on the other side of the street because I don't want them spending lots of money for something that you know it's going to be nothing so we we held on to it we did some of the work we did our application and then we said okay before we go ahead and do all other expenditures because like to be able to bring this application to this stage I had to employ um employ five different professionals okay you know including people who are doing economical um impact study civil impact study traffic impact study um so you know it's a big investment you know from uh the owner perspective understood ER and of course the city has you know given this opportunity to us at first place so as Citizens you know they want to take this opportunity and go forward with the project especially because the project across the street 555 Northeast 127 uh Street which is right right across the street from us has been approved it's a beautiful project uh we've been inspired by that and then at the time this project has been approved we gave the green light we hired all um professionals to be able to put together this application package which is presented to you today so I just wanted to um you know I do understand the city of course has you know um duties responsibilities to take care of the citizens but yes they also are you know there's also a responsibility to our citizens who are going abiding by the law and um uh submitting a project uh that is complying with all the requirements by the city and that's being recommended by um the city itself understood I'm sorry what is your name again esgi esgi I want you to understand when that particular person who lives across the street came with this project there was a room full of residents who said no we don't want it hold on hold on let me finish and when we were moving in the direction of possibly approving it you know what some of the residents said what if somebody else comes up with the same bright idea and they say that because of the city's current um opportunity that they've opened up I want to do it too and I remember remember this clearly we told them that there would not be another opportunity for somebody else and everybody on this commission if I'm wrong please someone correct me we told them this is it the door is closed if this is approved you will not see another opportunity or another project like this and I remember that clearly because why haven't the city sent us this approval like hold on I want you to understand that this is this is not a an a a space where we just say yes yes yes and nobody is taking account of what we say yes to and what happened when we said yes so the reason I'm bringing it up is because when this goes before the council the residents are going to come back and said but you told us where are they I don't know you no my clients have fulfilled their Duty they paid their debt and uh all the mailings and you you mailed and how how many households was this mailed that to staff St staff can you verify well this is a question for staff Mr cook can you verify uh the number of contacts that were sent out notices on this project let me look and and the around the U I'm sure the resident that spoke earlier did receive a notice but the applications did not reach the stage unless statutory and ordinance requirements for correct are satisfied you cannot speak from the yeah yeah I'm sorry we have to come to the spite Mike no so um um I know they met the requirement of sending out 10 days prior to the meeting and they had a minimum of a 500 foot radius as we spoke of earlier okay and they also posted the site five day 10 days prior to the meeting indicating it was up and we also did an advertisement 10 days prior to the meeting okay yeah I wanted that stated for the record thank you so that we know that that that issue was was U so if I if I may towards other things that Madam commissioner spoke of um and I appreciate what she said is correct we had an anticipation that to what you speaking of that we understood that that the nro was an aggressive overlay when it was within the R2 zoning district and that's why we as a staffs felt that it was necessary to um get rid of it but we do but even with that said if you have applicants that are in and they're in for that reason we never gave a specific number we also said that it was a pipeline it was people in the pipeline I I specifically say it just for the sake of discussing nothing more than that appreciating what it and and I and I apologize that I didn't have specificity with the number and just look and see and meticulous go through and see how many applications we had in the in the system on that time we never had a lot in the system never had it just seems like it's been aot because we had not had app ation for the nro that's why we even combined the the pool of units in the nro with the pool outside of because we really wasn't having activity within the nro to give more fuel to the pool outside of it and then of course when the word got out that we was going to we was contemplating getting rid of the nro we started getting applications in and and that that was the case I thought at one time counselor did did we not at one time discussed that we would put a moratorium on on on any kind of dment within the nr2 that that um involved the R2 and I thought that that was had been considered or had been uh undertaken that that moratorium was was put in place well first of all moratorium is a very you about that too I believe I I don't have a recollection of it but a moratorium requires action by the city council pursuing to ordinance uh so even if you did have a discussion unless it proceeded to that that stage um it would it did not occur um it never got past a discussion Point possibly you want to say anything I recall this discuss right yeah no the count the councel is right I mean you know we understand that now um anything I Yi my floor I yield Mr chair thank you uh Mr Besson comment uh just a couple of questions the address of 550 Northeast 127th Street uh the owners of the property are here did you live in the property um I don't know if we you so if there's a question from somebody in the audience by a member of the commission they can be asked to approach all right answer from at this point I'll I'll I'll go ahead and allow that person under the circumstances that we have here to this is just to get add more clarity to our situation and to give us address for the record good evening I need your name and address and you both did get sworn in cuz I don't remember uh I just remember you being sworn in were you sworn no yeah he did yeah he did I don't believe the the wife did yeah do you swear to tell the truth the whole truth nothing but the truth do you want to speak too okay goe sorry do you swear to tell the truth the whole truth and nothing but the truth is true thank you good okay now go ahead and state your name and and current address sir hello everyone I just want to explain my name is Cesar castanera I live in from in North Miami for five years about 19 and 2019 and I I love nor my can you give us your current address we need your current address for the record the current address is 550 nor is 127 Street North Miami is that your current address no it's in for okay that's the address we need for the record 1310 Southwest 28 Avenue for lale okay so I just live there in one year and two months and I just buy that house and move that house because in this house I have some problems about when we buy the car the house I have a problem problem with the re reoccupation certificate and we have to working with the city because we don't have all the that certificate because the when before I buy the last owner do a lot of modification so I working with the the city and my record to the city use you I still working all all five six years for for the city so I have to plan because the silver recommended um and back on on the house have a little houses or a stor or something like that so we have to get down and we have to get out to the house though I can keep my my family and my daughter in in the house because we have to work in with the city so everything H finish and we make a great uh uh get get the certificate and the rented is not a normal rental is one of my members on my family my wife my wife she live here and they live in the house so it's not I I I don't collect the money for a regular rental if they give to me a a little bit but I continue to make the people and continue to keep relationship with the with the North Miami um one or two points I want to explain H we working with the city and I heard when the um my neighborhoods take the permit and that time we Sumit the project so we don't Summit the project two months ago we keep working with the city and I'm sorry a little nervous um we work with the city and keep behind to the emails and everything and in one of the mails we receive is something happen with the city we lose everything your H architect maps and everything so we have to start again and again and again but our our application is before my new next NE who live here because they buy the house just I'm not sure but maybe one year I'm not sure well but let's try to get back to your question sir if you can well the question is that we have obviously a policy that no one's happy with this nro or to District um but as a city uh if you my feeling is if you went through the process during the time where this is under how would you say it Mr cook um allowable it was active active then it's probably up to us even though we don't like the concept and we don't like the infringement on the neighbor to fulfill our duties that if you went through this process spent the money um and abided by everything in a in a timely fashion that we should really do deny you however I think we should put an end to this uh or have we put an end to this nro so n is officially did good you know per the update of the comprehensive plan so um though you've you've heard a lot of negative comments you did everything you could legally to proceed and I myself am not going to deny you that uh procession to the U Community to the uh Council but I guess you're just lucky be sure one of the last people are going to slip through so um good luck to you and uh I think the city has to live up to its promises and regulations and uh and laws so to speak and statutes maybe this is a good lesson that we need to re evaluate how we're developing this city uh as far as what we see in the future for it that's really all I have to say so my question now we can keep working with the city about this project well you'll have to talk to the staff um we we we don't have any yeah we recommend to the city council who then makes a decision as to your process um we just don't want to rubber stamp things in in the city of North Miami and I think that's been happening a lot lately thank you sir Mr cyre the Flo is open to your comments sir you're the last one and myself well thank you Mr chair I I feel honored and humbled to be the last living speaker here actually I am cuz I haven't summed up yet go ahead sir uh with some degree of humor yes uh now now first of all relative to this apartment project I I like the design concept and I like the Landscaping um if ultimately they were to build this and then be prohibited from taking advantage of the roof space I I think would be an absolute tragedy somewhere some way somehow we need to fix land use issues so that roof spaces can in fact be utilized uh that adds Great Value to a property and I I I think that uh now with this setback conflict why this wasn't brought to our attention a long time ago I really don't know um it should have been and clearly it's an issue that we need to revisit when we pursue Land Development regulation amendments and changes uh but be that as it may the design for the apartment units the use of natural lighting the landscaping and all of the elements of positive design are incorporated into this building and I'm very much in support of the building I going to see it go I hope uh and I would hope that down the road uh having said that that they can get use of the roof spaces it's just a tragedy not to be able to access the roof um we need to rethink how housing is developed I understand the need for the middle uh housing options we we go highrises in single family and there's got to be that bridge in between uh I think this this development meets that bridge criteria uh and I think it'll have lesser value if they can't access the roof for rooftop gardens I just don't see where the rooftop garden becomes a problem but that's me that's uh one reason I didn't go to law school so having said that uh I think I've made my position clear on on the item that's actually before us and uh I I think Mr cook you will do us a disservice if you're not able to tell us next month in January exactly how many items are left under the nro pipeline there you should be able to determine this it's it's one thing if if a developer buys a piece of land in on speculation and the regulations change I don't think we necessarily owe a higher duty to develop on that basis if on the other hand someone has submitted proposals under the nro and the nro then disappeared well that's different I can understand that being in the pipeline but merely somebody buying a piece of land is a speculative investment does not guarantee them future development rights under an old uh nro plant if they haven't actually submitted documentation and and uh architectural renderings and made a concrete proposal to go forward it's just another piece of land that'll wind up being sold to someone else I I don't feel there's you understand what I'm saying about obligations um so as to this project I like it I I'd like to see it go forward it's it's deficient without the rooftop issues uh but I think it's very Innovative in other ways and I would like to see it implemented uh that concludes my comments on this thank you may I make one Mr mcder I'm sorry ask first go ahead sir okay um I was here during the conversations and with the um property across the street and Miss ber is correct it was a full house um I know that it's hard to get people to turn out during the middle of the holidays that's always a problem with December meetings um people are just very busy so I've never been in favor of December meetings because of that um but I remember we did extensive negotiations with a room that had 100 people in it and the that's why the development across the street has the Landscaping that it does which I think is far superior to what um you guys you you people are doing um obviously you know the rooftop issue is a major issue um and since the owner developer is here uh and so the question is to you can we move approval with any kind of condition as to um the uh utilization of the of the rooftop Council and you can certainly make a recommendation with a condition that um use of the roots up be further explored I actually wanted to ask step a question about the roof if you give me moment pleas it DK is there any way that they can use the roof but within the 35 ft envelope so as I stated yes nothing precludes them from having rooftop amenities what theyo proposed was rooftop amenities but as part of their access to the roof it counted towards the height and when that counts toward the height that triggered that setback of 25 ft so staff advised them of such and they didn't want to have to incur that setback so they remove the access to the rooftop they still can do it and to to Mr hil's question as I stated earlier if they put that rooftop amenity within the 35- Ft envelope they're welcome to do it and have access within the 35 ft envelope nothing prevents that from happening throughout the city with the 7 and 1/2t set with the 7 and2 foot flat would they have to lose a bedroom or two that's on the stat on the um OCT on how they would have what what the impact of that change will precipitate throughout the development is there an elevator in the building or it is there is an elevator so the question is what do they need to do to extend the elevator to the roof so they can it's just going to trigger so height includes anything that's under air conditioning that is um that has um human occupancy on it a mechanical room yes so if you don't count towards height as it says in here we are allow for things such as chimies solar array cooling towers um fire Towers flag post Steeples um mechanical things like that when you start going to other ele elements that counts to a highight and those items can go on the roof and they can be 20% higher than height than the maximum height and I count but once you have something that is occupied by a human and that is functional under air conditioning it's part of the height so you consider you consider An Elevator Shaft occupied by humans if somebody uses it once a day correct that's the silliest thing I ever heard in my life it's probably not I mean that's probably a universal conclusion and it's not just D yeah that's right can't you give an administrative variance not for this no this I mean you as the board wrong board you you know under conditional use application this is not something that I would suggest uh we would say it should go to the board of adjustment for um um and and and be reviewed as such because this is not F this Falls within the standards of of the code and it's a deviation of the code and they should go before the board of adjustments for that deviation so going back to your question to me you can approve it with that as a strong recommendation for city council to can I make that motion Mr chairman uh we got just a summation from me to do for the record I I just wanted to go ahead I just wanted to bring up one thing you know you have an I I I'm pretty familiar with that area I I and I walked it the other day and the apartment building to the east was built I think sometime what 1973 and and and it's it's it's unsightly and then in front of that further to the east you have the old thrift store which is unsightly and and I I and I I walk the subject's property and and there's a little house there and you know and I thought that this building with the concept of the rooftop garden was a beautiful thing it would fill in that space with a beautiful infield you know with the with the garden up there and and and and the Beautiful wall and everything in fact I'd rather look at that than look at that white building that's further to the East and I just think we should take that into consideration I I I know people say well I don't I don't want this thing next to me but it's going to be a heck of a lot nicer to look at that project than looking at that uh four story or three story apartment building that's built back in the 60s which is to me very shabby and the same thing with that shopping center over there and um you know I go you Mike I think that the we stipulated that they would go before the board of adjustment to get the rooftop garden in there I I could go along with this project there you go I'm sorry TR I'm I'm pontificating no no no we we do need to get everybody's point across um my you I want to sum up I think we all have a different of opinion as to this project U some positive um and um I haven't overlooked those um I haven't overlooked the aspect that they have every right in the world under the guidelines that was set forth by the city um because of of of the exist of of the now non-existing um overlay district and um um that's unfortunate also but throwing all that aside and in my disapproval of of building after the fact uh which you know I understand that it is legal and that's nothing that my opinion can can solve but I have to consider the lady that came before us who's the neighbor who will be impacted by this I think there's not enough buffer and I remember even during discussions of allowing the nro to take place that there was pretty much uh an opinion and and an agreement that there would be enough buffer and almost assured that there would be buffers uh provided when projects came along that would would involve building within the R2 and clearly I see none I see no bu buffer whatsoever between this project and and the existing homes in that R to and that's what I'm way my decision of not supporting this mainly because I think it's the the concept of it is is overreaching the um use of the property and infringing upon the existing homes in that R2 area and U I just you know I'm basing my my nons support of it on that Sol alone recognizing the fact that they have a right to build in that but as presented the plans presented to us and the concept that they presented to us it clearly is a infringement in in size and and closeness to the R2 District that's all I pretty much have to say I'll entertain a motion for approval or disapproval of the project well I'll start with a a motion to approve providing that the current property developers and owners uh appear before the board of adjustment to get a rooftop Cardon can we recommend that or make that as a recommendation recommendation that the owners consider uh or you I mean I suppose should be stronger and sa yeah we can't right we we cannot I recommend it let me rephrase I recommend that they uh that they go before the board of adjustment to get a rooft garden and that wouldn't be prior to city council consideration of the conditional use that be it's a recommendation to the city council and then recommendation to the city council okay you have to thank you it's a recommendation that the owner consider uh seeking variances for rooftop approval but this is a recommendation to the city council which is the normal process that follows City uh Planning Commission approval if I may Mr chair um for specification to the request that um Mr East is putting out there for a variance what they would need is a variance to the minimum setback of 25 ft to exceed the 35 ft height which would allow for them to build the residence of the the multiply family as proposed originally with access to the roof and the house and the amenities you don't need to add that Andor let me ask you a quick question then what if they did what if they went back to what the city would require on the setback would that then allow them not to go through the variance process because they are they they if they went with what your what you had offered them or not offered them but what what the conditions were that if they increased the setback but what we went back to the amount of setback that they are allowed which you indicated was the only reason why they had to decrease the size of that building is that correct so um at 35 ft they do not have to meet the 25t setback once they exceed the 35 ft they have to do 25 which would to your point at 35 they have the setback requirement of only 7 A2 ft from the S set back yeah so in other words if we if the variance would then negate anything within the setback requirements they would be seeking that variance to be able to maintain that 7 1/2 ft or something less than the 25 ft that would be required when you exceed 35 ft in height all right we don't have to specify that then right okay all right um she wants to speak it's just a recommendation yes go ahead the architect you understand the clarity that we're we're asking for here yes yes no we absolutely will love to build the roof Terrace that was like you know the concept from the very beginning because it's a community oriented development and you know they need community space um actually in other jurisdictions that I've deal dealt with uh City of Miami they do not um consider uh elevators and uh stairs uh enclosement as encroachment uh you know above um have the required height which is great you see like for example a lot lot of duplex developments you know where they have staircase you know that's leading up to the roof um so yeah this has been a hiccup uh but um we we unfortunately cannot reduce the setback because this will kill the development uh because we need to provide 26 parking spaces and that's like 18 ft 18 ft of parking uh plus the ale in between so you know if we go instead of 7 and A2 foot setback 25 ft setback that will kill uh the whole development they're not requiring it they're just no no but uh having said that um we definitely would like to explore the possibility still uh even for example if we have to let go of one apartment uh and perhaps you know come up with a solution of an external staircase that does not need enclosement uh so does not encroach um I think we may still find a way you know to give access to the rooftop space okay second all right so um now we're straight on the wording with the variant correct you have that reported as such so the prop so so we're going to get a we're going to get a motion now correct I I already made a motion we're going to amend the motion you're not amending it in oh my God I'm I'm really confused no you already she's just going to restate yeah she's just going to stated I'll okay you all right can't read your writing okay so I have um a motion to approve provided that they add a rooftop section um through a variance to the city council is that correct well or I I would it's they're recommending approval of the project um and Rec uh and that the owner consider uh seeking a variance to add the rooftop amenities or we can you don't have to mention the city council that's bu okay and that the owner consider well we have this motion adding which we haven't seconded yet unless you want to withdraw your motion seeking a variance to add the rooftop amenities that's an idea let me run something by you sure so suppose we continue this and let them go before the board of adjustment and come back you can't do that no okay why don't you let the council decide okay okay okay so recommending approval do and that the owner consider you have discretion to do that if you wanted to I would recommend to may I the developer you want to go before the board of adjustment then come back for approval well or fight the fight again or should we just go this way I mean I we have no idea yeah we we can't force you to go to the board of adjustment it's up here right now I mean it is what it is yeah microphone well if they continue it if you continue it it doesn't change the fact you can't so the recommendation to the city council is for the variance it's the mayor and Council that's going to impose that condition so continuing it okay right now let it go the way it is just let it go the way it is yeah let it go the way it is and then that's up to the city council up to the city council all right um so we had that motion I'm asking for foret no I think we we understand we understand it everybody understands it okay I'll ask for a second to the motion I'll second seconded by Mr cyre we'll do a roll call vote on this we'll start with Mr Besson yes Mr Besson votes yes Mr cyre yes Mr Cipher votes yes Mr blur no Mr blur votes no Mr re yes yes Mr each Mr mcdermid yes Mr mcdermid votes yes and chairman erns wrotes no it's a 42 okay it's 4 to all right 4 to forward the motion passes motion passes and moves to the city council all right thank you has approved go for that though that make nice you're welcome okay the next agenda item on the agenda have to get the do we need a break I'm fine does anybody need a break do we need a break on let's do this all right then um yeah calling for a 5 minute recess we reconvene this is at 9:29 we'll reconvene At 9:34 30 stupid is that they we should do away with that we should do away with that doesn't make any I really have a problem e e e e e e e e e e e e e let me know when we are back recording again one minute y okay we're good right Mr Mr Hill do you all set sir very good thank you sir yes sir all right everyone um the last item tonight is PC 17-14 this is a 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 provide for a height bonus exceeding the maximum allowed height of 115 ft to 238 ft for development consisting of a 24 story 238 ft residential building with a density bonus to allow for 96 units where 79 are allowed with 172 parking spaces on one parcel real property located at 11950 North Bay Shore Drive specifically identified with Miami day County folio number 06- 2228 d011 d 4490 and totally or in total approximately 0.79 Acres that's roughly 3 34,36 Square ft in accordance with article 3 division 4 sections 3-42 through 3-47 Article 4 division 2 sections 4-22 4-23 parentheses a and 4-25 of the city of North Miami code of ordinances chapter 29 entitled Land Development regulations providing for an effective date and for all other purposes so at this U Point um um I'll ask for a commission a disclosure on this item um Mr Bon have you had any contact or previous discussions uh regarding this item no Mr cyre no Mr I no M blur no Mr mcdermid yes I've had um uh conversation uh comments for and against both all right and Mr H uh just one comment and ask him I if I had any ideas about the community benefits okay and uh I have had none um Mr held satisfied with everyone's answer everyone is yes sir we're clear to go on this very good so um at this point now Mr cook you have the floor present your staff report sir thank you Mr chair and Commissioners as stated the item before you is a conditional use permit for the property generally located at 11950 North Bayshore Drive the applicant is seeking two conditional use permits one for hike the maximum height Allowed by right within the bz zone is 115 ft the applicant is seeking to have a project of 238 ft they also are seeking bonus units for the property the property by right can have 79 bonus units they are seeking to have 96 bonus units this would give you allotment of of 17 um um um um units and additional height of approximately 115 of 113 ft so they also with this will have 172 parking spaces these 172 parking spaces meet the requirement actually exceed it sight likely for what is required for the site they would promote active Street and screening enhanced pedestrian experience with the new sustainable landscaping and public benches and 6ot wide parking um um sidewalk and other sustainable designs will be featured to help reduce the impact of the building the economic impact is anti anticipated to have 2533 direct and indirect jobs which is estimated to produce approximately 60 million. 35 in wages they're looking for an Avalon of approximately 1.5 million per the first year and estimated a total of 4,300,000 over 20year period the impact fees are anticipated to be $882,500 they have conditions that are associated with the conditional use permit which are the required development review of the site plan which require city council approval as stated they will be required to have a construction and maintenance of a 6- foot wide sidewalk along North Bayshore Drive all utilities to be underground they would need to obtain a certificate of use in the business tax receipt they need to provide lead certification or equivalent certification prior to the certificate of occupancy and they will provide sustainable commitments for low impact activities such as storm water retention and Etc on the property the next steps for the property for the um project will be city council for the cup and it will also require city council for the development review site plan coupled with this item is they will also have profited a public benefit benefit package with the item that the applicant will go in it in a little more detail um this is part of what was associated with the ordinance 1526 that was passed to allow for height increase over the maximum height within the bz Zone within that ordinance is stated as one of the benefits that the applicant could seek can provide for getting this benefit of the height is to profer a public benefit package and they are doing this as part of this application may may I ask Council um okay prior to us taking this up um um the question about Community benefits um where do we stand as far as um having that as a part of this ordinance and US approving it or disapproving it okay uh and and what the legalities are involved in that right well a community benefits packages package is specifically provided for in the ordinance that uh authorizes the height increase uh for this project um but uh in addition to the conditions that have been reviewed by staff we have determined that an additional condition regarding the community benefits package is required and I have some language to read to you about that all right so now that would be added tonight to the elements that of of the proposed the conditions of approval all right okay and so the reason for the condition is that the benefits package is being pro proposed in the form of a covenant so this guarantees the sub timely submittal of a covenant in recodable form subject to approval of the City attorney um so the language if I can just take a moment and read it it's a long sentence if a voluntary Covenant offering a community benefits package as part of this conditional use permit application as permitted by ordinance number 1526 is accepted by the city council as part of its approval a fully executed and reportable Covenant acceptable to the City attorney submitted to an approved by the City attorney shall be required prior to site plan approval and the Covenant shall be recorded within 30 days of site plan approval subject to any changes approved by the city council at site plan approval Okay so so the um they I think what I'm looking for is that they are will still be required to provide that benefit U benefit package or or or the well the benefit package the community benefits offered voluntarily there's nothing required about it this it what this does is guarantee that what they are offering will actually be uh uh put in recordable form and uh it's something that the city can hold them responsible okay all right thank you I wanted to get a clarification on that and I'm I'm sure we'll hear from the petitioner a little bit more on that I'm sorry Mr cook Mak that's quite all right um Mr chair so addition to that um summary you know within our analysis we had specific areas that we look at as it relates to the conditional use permit um that falls under Section 4202 4203 and 4205 and sections 342 through 347 and we look at se several elements as relates to it we look at the consistency with the comprehensive plan um the proposed use is consistent with the comprehensive plan we look at housing elements you know important that we have an array of variety of housing within the city this meets that requirement providing for an array uh and a variety of housing within the city um the economic element that we look at as well it looks at how it's going to contribute to the C city with the full-time and part-time employees and what they will be contributing to the community because of the construction of the um property as we went over doing the presentation jobs that are anticipated indirect indirect and the contribution to the ab and the um impact fees other elements we looked at is concurrency dealing with water supply water disposal um storm water things that they already have there they have a robust plan that they would do that they would Implement and maintaining the storm water on their site um um does the proposal meet the regulation of the zoning District the bz Zone allows for multif family they are proposing multif family specifically for this site they could they are seeking bonus units of 17 they can do additional 25 units per acre at 25 units per acre they could do a maximum of 99 units on the site they are proposed in 96 units on the site of that 96 units 17 of them are bonus units they also as you understand a seeking bonus height by right you have a bonus you have a height of 115 ft through the conditional use permit process you can go up to 238 ft 10 in they are proposing 238 ft the application is consistent with the um ldrs specific to the parking they would need um 1.5 parking spaces per unit believe if I was correct they needed 100 51 parking spaces by right to meet that number plus the five they are proposing 172 parking spaces things that they would need to um solidify they will need to solidify their um traffic study with the county that needs to be done prior to the um site plan being approved with that staff recommends approval we would say that we need them have one caveat that is changed we we say in one of our conditions dealing with the um bonus units we say that is 79 when it should be 7 excuse me 76 when it should be 79 units that can do by right and that needs to be corrected um as part of it and that ends staff on presentation um now refresh my U member what were the what were the previous approvals that this commission granted them so for this site it wasn't any commit we do have 12,000 which is next door which went which came before this um Commission in that project um sought um bonus height right and they did not seek any bonus units okay so this is an all new this is all new this is this is next door if you're coming from 123rd going south on North you would have the park then you have 12,000 which is now occupied by Marin noay and then the vacant lot is where this property would go which used to have an occupancy there but that has recently been demolished okay yeah I'm trying to visualize it thank you sir um the property next to the park that we discussed is the project not related to this project that's what I want to get a clarification on this is down the road right yeah I'm trying to remember where the old preval property for the record there are two separate entities two separate owners right we just have the same representative as the attorney okay all right everybody got that CU I all right good evening sure good evening good evening patri I'm doing wellcome back thank you chairman Patrick Assan of Holland night with officers at 701 brick Avenue I'm joined this evening with my colleagues Alexandria San rain and Mish I'm also joined by uh the owners of the property um the Ala baser LLC rundo onetto and um ignasio Montes and as you all know this project is also a project that had uh been through the process for some time with respect to the text Amendment uh we had a detail process with respect to the text amendment that we went through in order to permit additional bonus height within the bz and as part of that we have come before you with two different projects one project with which is immediately north of this site and then this project which is immediately south of that property and I'm just talking about those two two different owners two different properties two different projects but those are two sites that are coming from from the implementation of the ordinance that was adopted by the City Council next slide please and what this will permit just from a visual perspective is a reutilization of creating an architectural expression that provides substantial Elegance the project is being designed to be ultra luxurious on the site and the units on this property will sell between $ 1.5 and $5.1 million uh this is a Boutique condominium that is located on 79 Acres that will have 96 units uh it is anticipated based off of our economic report that 40% of our unit owners will be seasonal uh because of the market in which we're targeting and so when you do the numbers on that 96 units uh 40% of those are uh seasonal that's about 38 unit owners who are going to be seasonal that keeps about 58 uh units owners on site and so we anticipate that this project is going to be a project that provides a substantial amount of benefits uh and keeping with the same sort of alignment uh for the last time even before I get to the community benefits package which is substantial which we are profing um but that is recognizing that we have a smaller site a less number of units uh we are going to be providing for just on a taxable basis directly to the city of North Miami within a period of 5 years up to approximately $8 million up to um over $17 million over 10 year span and over $40 million over a 20e span just in the tax revenues directly to the city of North Miami and that's outside of the community benefits package that we'll be providing and talking about this evening next slide please as you all know and I'm going to go through some of this because some of the data that we talked about the last time is data that's still uh applicable to what we're dealing with here today which deals with the uh aging housing stock that we have in the city we have a housing stock that for the most part 83% of the city's housing stock was was built between 1950 and 1979 that created a lot of uh regulatory issues with respect to drainage right a lot of the drainage within this area particularly along North bore Drive were allowed to um drain out into the road and we're not required uh to provide for storm water maintenance as part of our project not only are we going to have to address the 25e uh storm event but we also have to go above that by 10% staff has uh recommended and is requiring us to 10% above that requirement and what we'll be doing as I'll talk about in the community benefits package is we're actually going to be conveying a portion of a site that's across from across the street from us that we own which we think if we kept that site we could sell it for about a million do that site we're going to convey to Miami day County to provide for a a lift station so that they can help address some of the flooding concerns in the area and to provide for additional sewage um transmission throughout the city so we think that we're going to be Prov in a variety of different public infrastructure in this area that can helps to address a lot of the issues that have been created by the fact that we have an aging housing stock as you all know this area is located within the bz south of Northeast 123rd Street on the east side of Bas Road drive next slide as you all know as well we went through the process for obtaining the high bonus next slide and as you all remember uh this Planning Commission we were fortunate to receive a unanimous recommendation at least for the text amendment to permit the ability to seek the uh 238 ft and 10 in as shown in this slide this is the actual uh property that we have which is immediately south of uh Mariners Bay you'll see that it has that curval linear feature on the uh Northeast portion of the site next slide and this gives you a better feature of it when you're taking a look at it so you have uh Leman park at the North immediately adjacent to 123rd Street you have Mariners Bay uh immediately north of us then you have us and then you have mayorca Towers just to give you uh some bearings respect to what we're doing on site we wanted to give you some sense of of what we have next slide um as part of this process we've been in this process now for over a year uh last year in August we went to the St line Review Committee uh in order to provide for the visual Corridor in order to address the concerns because in in order to do anything along the bz uh on any property that abuts the bay we are required to go to the storyline Review Committee at Miami day County and receive their approval we were fortunate enough to receive their approval because we had to go through the uh robust process of getting the text Amendment we've now been in this process for over a year and we're hopeful that this Planning Commission will will be supportive of us as we seek to uh obtain the additional height next slide now one of the the things that we've done is we've sat down to really provide a community benefits package that will enhance and be generally consistent of what's expected within this area uh we recognize that we're not as large as some of the other Parcels within the bz but we wanted to be be able to provide a community benefits package that's proportional to our site and and that's proportional to our development and before I even get into the aspects of the community benefits package I wanted to give you a sense of the range of what we're anticipating the amounts will be overall what we're seeing for our site for 96 units is not as many units as some of the other sites uh could have within the bz we anticipate a $1.5 million uh commitment as part of the aspects of our community benefits package which which we believe is substantial given the fact that we only have or only seeking 96 units next slide please one of the things that we've done um and one of the reasons why you uh as you can tell it with respect to the crowd that's here today um is that we've met with some of the neighbors um and one of the neighbors that we met with was the sun Susi voluntary gated um homeowners association and we met with them we talked with them and one of the things that they wanted to do was to provide for a landscaping along the perimeter wall and if you look at it this is the wall that's on the left and really what we're going to be providing is the Landscaping to help um buffer that wall so that it's not um so obstructionist in the sense of how it seems and how it feels um by providing that Landscaping we're going to provide for softening and given some of the enhancements that are being done by another property owner uh there's going to be substantial enhancements with respect to their guardhouse gate arms and with respect to the the entry way for the for that Community next slide please we're also um providing for additional uh commitments to um non-governmental and community- based organizations to help to address senior activities T tutoring summer youth activities local Workforce training and local nonprofit organizations uh we are going to be working on the specifics of which organization um gets those funds but we wanted to make sure that that it is a commitment that we brought before the Planning Commission that it was something that was consistent uh of what we wanted to provide as part of our project and something that we thought was very important next slide we're also providing for the affordable housing contribution for both affordable and Workforce housing that will help to address um down payment assistant and and uh rental assistance as part of the uh process we anticipate that that's going to uh be a detailed conversation with the council as to how they want to delineate uh the amounts of funding uh that would be provided as part of the community benefits package next slide uh we recognize as well that there are vulnerable populations that have difficulty with respect to uh Transit contributions at one of the last meetings of the city council there was actually a discussion regarding the freebie uh contract and one of the things that freeb does currently is provide for uh the free service well I necessarily call a free free to the residents uh the free residential service and transportation within the city so uh being able to provide uh some of the vulnerable CI citizens who may not necessarily be able to pay for Uber access and opportunities for free we think is is an excellent opportunity we'll also uh be uh contributing for the use of the celest center and the Galvin Center during the summer for the Youth activities for the senior activities we think that these two great um facilities are two bookends of the city one is on the east side one is on the west side and it provides us an opportunity to ensure uh that everyone in between has an opportunity to receive some core Community engagement next slide and we'll be providing uh Green Building certification as part of our project and as part of the site plan approval process which I'm certain that Mr uh cook will uh will ensure of as part of the process as you all know there has been a variety of um drainage issues within North Miami I know I'm speaking to the choir on this so I'm not going to belabor the point you all know the issues that are impacting this area you know the issues and how they've been uh created we're providing for enhancements on site and we'll also be providing for enhancements off site to help address the drainage activities one of the things that we're doing if you uh see it on the community benefits package is that we're also we're actually providing the piece of our land that we own directly across the street from our project so I'm going to do something that I typically don't do I'm going to move through this real quick so you can see you can't see it very clearly here but in the in the red if you look just west of that we own a parcel it's a vacant piece of land that we own what we're going to do and what we've committed to as part of the community benefits package is given a portion of that site so that Miami day County Water and Sewer can have a public lift station on that property that public lift station then can be utilized to help address some of the drainage issues that are impacting the area and can be also utilized to help address some of the sewage within the area the public lift stations that miam day County utilizes both addresses the drainage and some of the sewage and helps to pump them out within uh the city so we anticipate that there's going to be some substantial opportunities for us to address a lot of the infrastructure issues in the area when you take into account what we're doing and what's also being done and what will likely in the future be done by whoever uh May uh move forward with uh what else is left on the in the bz Zone and so that's what we're contemplating doing on that site is uh providing for uh the land so that M day County can have an additional P station on that property uh we'll also be providing and it's in the community benefits package a $100,000 contribution to uh Bill lemman Park to address the issues within the park uh we know that there's other contributions being made to the park um but we wanted to be able to provide a specific amount to enhance uh the park itself given the uses that are there um and as I noted previously one of the things that's important about the site is the um the dollar amount at which we're selling we anticipate that on the low end we'll be selling for approximately 1.5 and on the highend $5.1 uh million uh what that translates into from an annual spending of our residence the 96 residents on the site is about $14 million annually um and hopefully we anticipate that a lot of that will be spent in the city that helps provide a lot of opportunities for the retail establishment commercial esta establishments within the city as well as of course the taxable benefits next slide and one of the things that we do as part of the development process uh is in total we'll be providing about a $1.8 million impact fee when you take into account the impact fees we would be paying to the city of North Miami Miami day County and the Miami day County School Board I just wanted to highlight the fact that uh the city at the last meeting actually adopted a uh increase to its impact fees so this is actually substantially less than what the uh City will be receiving because they've increased uh what their impact fees are going to be so this this number for the city of North Miami May well be over a million dollars uh by the time we we move forward with the the building permit process uh we we're also providing for jobs of over 1500 jobs as part of this project there's going to be a lot of work as we're developing the site and we think it's going to create a lot of opportunities um for folks who are engaged in a variety of local establishments and we'll also of course be doing the uh $4 million in annual um residents along with some of the additional taxes that we do from a countywide perspective next slide and then finally as I noted one of the things that we are doing uh just cumulatively is if you look at the 5year term from this project the 10-e term and the 20-year term uh there's about $8 million within the first 5 years um $17 million in the first 10 years and 20 I mean $40 million over the 20e uh time frame for a 96 unit project on 79 Acres which is and just the first year taxes which is uh around 1.4 1.6 million is 24 times greater what is currently being received on the property today so we anticipate that all fours this creates an opportunity uh for us to not only provide for more public goods within the city but provide for uh public infrastructure enhancements and move forward with the development that is consistent with the text Amendment so I'm here to answer any questions thank you for your time I would like to reserve some time for rebuttal and thank you for being willing to accommodate us on a late night in December thank you so much certainly uh just quick again in the presentation I'm looking um this does not include a marina or any plans for future Marina no this does not include a marina I know and this is a bit collateral to this but want to make sure I address your question uh towards the back towards the back of our site there is a a peer that may provide for Access but we have to go through a um a robust process with the and get that approved so I don't want to tell you something that may or may not get approved um so I just just I understand okay thank you my pleasure um yes sir before we go to the public which is where you want to go next sir right um I wanted to correct the condition that that I've previously read and also make a comment about the covenants okay okay so I think a after Consulting with Mr cook prior to the hearing that the Covenant should be um executed in recordable form submitted prior to city council consideration of the conditional use application not site plan approval and then any changes could be made following that um to be consistent with a approval by the city council at either conditional use permit approval or site plan approval um so I'm sure miss Warren will look at this before it goes to city council and make sure it's in proper format I I I would be remiss if I didn't comment on the Covenant itself I wasn't here at the last hearing where the a similar Covenant was presented for the let's called the companion or mirror application for the property to the north but um so there are contributions that are proposed in this community benefits package but they are undefined they are unstated if it says the owner shall provide a contribution to there's at least four three list of uh providing a contribution I me that could be $2 is a contribution there's no commitment of an actual dollar amount in this Covenant um there's no commitment for the level of local Workforce training that's being offered or funding for summer youth activities or funding for senior citizens activities or funding for after school tutoring none of that is defined find in the community benefits package that's proposed so I think there was some difference given to the applicant to proceed on this basis and work that out at the city council level but I think it was important I I would not have I don't participate in applications before they come to commission right um I would have requested more detail uh and it's up to you to accept or not accept the level of detail that's been proposed so I'm I'm just alerting you to this the only thing I say and I'm not going to get into the aspect of the initial condition but to the extent that they would be seeking for us to have a declaration in recordable form prior to the cup uh we would object to that um we would have it uh prior to the site plan approval because we we fully anticipate that when we're going back before the city council there may be opportunities for the city council to want more with respect to the city uh the community benefits we recognize the council's U statement to to you but that would be our perspective because what we don't want to be in a situation is is you have a cup you record that cup you go to site plan approval and then city city council says hey we want you to have additional items in the cup I mean in the community benefits package which then requires us to go through a process of releasing the previously recorded wait wait a second I didn't say recorded at the after the cup I said recorded after site plan approval but you have to submit something before City Council in the recordable form and subject to Amendment if there are changes by the city council okay all right so our our perspective would be based on the site plan approval that we would have that um but happy to have that discussion with the Planning Commission after a public comment my question your counselor is any kind of approval on this is is met with now different conditions that you've mentioned correct so are you asking me or you asking you asking our councel I'm sorry what is the question so based on your conversation with the petitioner um are you are you saying now that additional language has to be presented in the ordinance to address specifically certain amounts that would be applicable to what of a program that amount would go to so the only thing that I was officially recommending was a condition that dealt with the timing for execution and submitt of the Covenant itself it's up to you or um the City attorney to decide whether the Covenant in its current form is acceptable for this commission's approval do you have a comment for the city Jennifer um so in my opinion the role of this board is advisory to the mayor and councel um it would really be um the mayor and Council to be the one to approve this package to approve the community benefit package so um to me having a a fully finished and prepared document really is is most important to be presented to Mayor and counsel um but I do agree with your you know with your attorney um even in your advisory nature perhaps you do want more detail so that you can provide additional recommendations on the actual package to the mayor and councel um but that's it's really up to you as a board to decide the level of um review that you will be doing as a board into the community benefits package um the community benefit package was presented to us later in in the from the original proposal for the bonus points correct is this something that was added tonight or was this still in the process of them asking for these benefit packages because I see no language where we address the benefit package and the ordinance itself all we're asking for all the petitioner is asking for is additional bonus of points for the height limit that's what we have before us the question on the height Okay so what you're recommending is a resolution and there there is an ordinance involved but that was previously adopted by the city council authorizing the application and the consideration of a community benefits package so there is no fleshed out discussion in the application or staff review of the benefits package itself and so all all you do have is the Covenant which gives you an idea of what the benefits package could be right but it's really undefined Mr cook you you have the floor sir so you're right I was just going to go to the um the actual ordinance and what we say there um because it doesn't speak in specificity really it just says that um says it's in a manner appr approved by that is sufficient by the city by the Comm City by the city council Council yeah so really it just says that it comes before you for your review for recommendation but the ultimate approval comes from the city council on what that benefit package in concert with you and with the community more specifically so they are as you know the governing body who makes the ultimate decision and I think that speaks to the counselor's um um concern that well we have where brother needs to Road there we we have no language to cue them in as to that that wish in other words they're they're only going to get approval of what we have before us tonight regarding the the density bonus so so so I I do want to address that remember the the city council is is a board we get a chance to actually meet with and discuss with on the community benefits package um one of the issues that you have is that you want to make sure that the curation of the community benefits package is addressing what the council believes is appropriate um and is sufficient to address the different items whether it's the different communities and it's it's not as if the council will just say well this is what went before the Planning Commission this is all that we can see the council certainly has the authority and the ability to say this is what we want to see within the community benefits package and as a matter of fact in the other matter the council specifically made statements as to what they wanted to see in the community benefits package at the hearing so it's they're they're not I wanted to just address your specific point chairman that they're not going to be limited to what's here what's here was really to give you a um a general sense of what the community benefits package is um while recognizing that we are going to be having a robust conversations with the city council regarding what they want to see regarding the curation of which what's in this community benefits package because they're going to be the ultimate decider as to what they want to see how they want to see it allocated what organizations they want to see it um allocated to so for us we think that that's very important to make sure that we have that uh at the city council level so the the other application did go to city council and the specifics of the community benefits package have been determined it was hashed out there yes yes and it was the same form of Covenant that was presented initially to this commission yes yes in principle they they they are pretty much same Covenant you know that lacks the level of specificity that you're speaking of so that process worked yes in that process if I recall um members ofll specific dollar amounts I'm sorry um if I recall correctly in that um scenario this same document was presented to the mayor and Council and various members of the mayor and Council specified which dollar amounts that they wanted to to see that is correct that is correct and and through the chair if I may to what um Mr to commissioner each yes there was a little bit more numbers and I and and forgive me um counselor I think because of their level of time they had a little more um opportunity to negotiate with sta with um Council prior to you comeing to commission but the full vetting and fleshing out didn't happen until it got the city council and that and that's think you why you lacked a level of specificity bit more of meat here CU they have not been as reust with this one as it was with the other one okay so maybe the process works with the Covenant in this for I was not part of the city council discussions either um I I I would think that everybody on the panel though is looking for some assurances that that everything is followed in the same manner as the Covenant that was presented to us before and that's what we need to make sure that we have language going forth to the city commission that that they recognize that we want we we are recommending that that that Covenant be um mired in some way absolutely sure look I I think one um there are two aspects of that that's very important one I think practically for this applicant to to have a community benefits package and not to present it to city council would be um would not be practical I I don't think that there's any realm or possibility that that would ever happen too I'm making a representation to you from the podium that we are going through that process because we're going to have to go through that process to get this to to be able to move forward with with the process we've always anticipated that we're going to have a community benefits package we know that we're going to have to have it um and we know that and we're committed to which is the reason why we've submitted one we're committed to having a community benefits package uh that addresses the concerns of the council so much so that we we already have what that that budget is we know that it's going to be $ 1.5 billion we know it's around that range and now it's just the allocation of those funds to the different organizations um and the different priorities that the city council wants to set that's what we're envisioning no I defer to our Council the points that you brought up of that no specific amounts were were addressed and how how would you recommend that we proceed yeah without that without the specifications based upon what the City attorney and and staff has said you can proceed based upon the representations that have been made so far that the city council will address the distribution of the funds in the manner that's uh to the best benefit to the city okay um and if you want to get more specific the city is not opposed to you adding a condition of appr approval that the mayor and Council um to deliberate and to identify specific dollar amounts and the community benefits package okay um procedurally I'd like to go ahead and open up the public um hearing and then uh then we'll discuss this further and and let the public have some input here first and then we'll U we'll continue to uh open up the commission for discussion okay the public hearing is now open anyone wishing to address this item please step forward please give me your name and address Hernando VTO uh 11930 uh um norb short drive mayor at Towers uh first thing I will uh request very respectfully um the chairman to give me a little more than two minutes this has been a 2 years process and I have been here for at least uh 16 meetings and uh as as he was mentioned is December more than 60 people you have to stay on mic yeah but hand it to the secretary and then go back to the mic and I I'd really like to keep you at two minutes sir stand rule thank you then over the past uh two years we start this project the BC Zone um has been um discuss the the hike um first in the comprehensive plan and the commission has the possibility to um hear the community a lot of people he about the inconvenience to go be Beyond 115 um we discuss also this uh during the um text Amendment as you may recall the applicant uh make a misrepresentation that the right way to go in this case is with a varans to go over 115 uh he make all these hards here um and we proved that that was incorrect I appeal that with the support of the city and that Mis representation from the uh from the applican uh was um uh was call it that is not correct then they have they tried other things like the text Amendment and they are not um residents I am resident and all the people that has been here for a while are residents and and then they tried to change the rules of the city with the text Amendment um initially they didn't get the super minority then they tried to pass a another another text Amendment removing the super majority they they want to make the rules of the city and they were not able to do that uh they fail to change the the rules of the city to get rid of the super minority and then they they came with another tactic then what we the community opposed this project right from the beginning and many people a lot of people has been here in in more 10 I'm going to start wrapping you up okay you are opposed you are opposed to this and then the last thing very important in the community benefits mayorca that is the neighbor is the next door has never been included in the discussion of the community benefits they include a gated community that that is half mile from the project and we the impact the community has never been approached what we are so asking this panel is to at least postpone this table this until the community they approach the actual Community impacted for this and to discuss the community benefits then what we are requesting tonight is at least have that in consideration and postpone this until the developer meet the the actual Community impacted all right thank you anyone else wishing to speak on this item seeing none I'm going to go ahead and close the public hearing public hearing is closed uh councelor you you have an opportunity I I will be very brief about this to to reive we had been in this process since the fall of last year we had met with Mr beretto and with various community members um several times um and as part of that process it became very clear that they were opposing the project that they didn't want to hear about the project and they didn't think the project was well that's fine that's their position to take they're free to take it and so now after we've gone through a year process after we've spent the time going through that process uh we would ask that you uh recommend approval of our requests and I'm here to answer any questions um that you may have thank you so much thank you very much okay uh at this point um open up discussion to the Planning Commission Mr Besson I'll start with you down your end sir certainly Mr cyre do you have floor well gee you know I don't get to be the last speaker I see all right uh would you would you like to yield to someone else in simple terms uh I support the project is presented I understand the concerns of my orc Towers I think uh a recommendation for the city council to uh set specific dollar values and specific projects is an appropriate recommendation uh with a footnote that uh myor toow should be encouraged to submit their recommendations for Community benefit inclusions having said that I I support the project and I will await an appropriate motion um Mr uh J recognizes Mr and I forgive forgive me for sling your name no that's fine uh good evening Mr gasan I good evening Dr thank you for your presentation my first question is you said that the total benefit packet would be about 1.5 um I do see that in section s there is a dollar amount section six there is dollar amount Section 8 there's a dollar amount if I'm not mistaken that dollar amount I've toted it to 13 does that mean that the remaining 200,000 would cover everything else or is this is just these are just estimates yeah so so some of these are the estimates with respect to some of the improvements that we're doing on site we we anticipate that the overall uh benefit to the community will be about 1.5 and so that that's what that's what we're doing as part of the community benefit package we wanted to give you a sense of some of the improvements that we're doing one to the seaw wall um and then some of the storm water drainage on our property but the the core thing that we wanted to give was just a budget because we knew and we know that the curation of that is going to be something that's worked out with the city council because we we we anticipated that that concern you're going to say well you have this stuff how the rest of it that's left is like $200,000 that but that's not the intent we wanted to just give you a sense of what that is uh but the community benefit portion is about $1.5 million as part of the development excellent and so my next follow-up question is um the next appointed time that you are before the city council you are going to present a skeleton like this and allow them to kind of shape where what goes where or you're going to present a preliminary so so it's what we are anticipating is that we will actually be meeting with the city council uh hopefully before the city council hearing got it to to to get some of that sense uh we will have a uh perspective that will be consistent with this that will address some of those issues but even with that I still fully anticipate that at the public hearing that there are likely going to be changes changes and amounts that uh folks may want with respect to the specifics in the community benefits package and so that's that's really where we are respect to that process cuz I just fully anticipate that that's how it's going to to work out thank you so very much much um next with um the gentleman from um mayorca I noticed that the letter that you presented it was taken back my staff oh it was already taken back they were not multiple they were not multiple copies of the same thing each one was an individual no there there are more than 60 letters sign it by different sorry but we you've had your chance all right so that's the clarification that I wanted that this represents 60 residents at majorka is that correct and and that that invalid well I could speak on behalf of staff and you'll back me on this that one person cannot speak for all the residents and present a letter unless it's he's represented as a as a lobbyist is that correct and I would I would object to it to the extent that it's being offered in as competent evidence cuz I don't think it is that and that was my question is you'll have to answer C I'm turning this over to you sir because this is okay I have no objection to him submitting letters on behalf of other people that you could take it under advisement it's not competent substantial evidence but it will give you an idea as I stated in my procedural summary at the beginning of the kinds of issues that uh you know you could consider in in deciding the application so the legal procedure would be that each one of them all 70 would have had to be present tonight no I'm not saying that at all okay so what are we saying so consider them as if they were 60 emails okay and it's in the record um you and it's it's not confidence substantial evidence but it's opinion let's say it's opinion their opinion okay which you can take or reject thank you um Mr Gant how much time do you have before the meeting with Council that you would be able to schedule a meeting with the gentlemen and allow those that wrote these letters quote unquote U to be present to share what they would like to see within this benefit so we're happy to meet and have always been happy to meet with anyone within the community we'll meet with them I anticipate that this could potentially I'm hopeful that can come to to hearing in January um but we will meet with them um the issue is that we've met with them and there wasn't any uh there was there was no productive conversation there uh but even still the improvements to the area for the drainage is addressing some of their issues some of their issues so it it's already addressing some of the concerns but to your point we have never objected to we have never been unwilling and we have always been willing to extend the ol this is yes yes I totally understand Mr gassan we are down to the wire now the decision it's about to be made um and so I'm just stating extend that opportunity to them again this is the last opportunity for them to clearly articulate what they want if they don't show up this is it and I think that at this point he has stated himself this has been a long drawn out ordeal it's coming to the final end and if they do not show if he's making himself available and the residents do not show up then they lose out that's just part of the process and if you are here to represent them then we ask that you communicate that with to them and understand that if they do not show up then it's no longer upon Mr gasant and his team's responsibility to now Ensure that you had an opportunity to voice your concerns or what you wanted is that clear thank you Mr kassan thank you Dr BL um Mr M dering questions followup go ahead thank you Mr chairman um thank you Mr gassant Wonderful presid presentation thank you um yes it would have been nice to have some you know in discussion here at the table so to speak to have some specific amounts in or community- based organizations but given that um I think the fact that you've brought before us a substantial Community benefits package with the intent to do uh the good things you want to do in the city is admirable we've had a lot of developments come before us uh none of them except for the last couple have really acknowledged and tried to put forth a good faith effort um in working with the community so for that we applaud you and certainly have my support thank you commissioner thank you Mr re have fler councelor it's good to see you it's always a pleasure Chief like uh just show you the other night where you going to park a little cars at uh so so we have over 172 parking uh no no not not I'm not on site I'm talking about the construction workers where are they going to park so we we have the ability I think the anticipated oh okay so we we have a community uh location the community organization that that we'll be working with to be able to park uh going to work that out yes okay good okay that's that's so that's kind of like commuting from a location yes I think the anticipation is that there's going to be a site where we rent we lease site we park the cars and then we transport them back shut yeah that's that's pretty common yeah that's a good idea cuz I remember we were talking about that across the street on the on the 23rd the old White House in move the car that's okay I think it's a great project and I'm glad we're going forward with it you know you have reached out to the community you've gone above and beyond uh it's easy to criticize condemn and complain but you guys have actually worked very hard on this project and I'm I'm anxious to see it you know uh we we need these projects we need people to move in there with disposable income that will keep our restaurants alive you know I mentioned this the other day one of our restaurants is closing at 4:00 we're keeping them alive on artificial uh CRA money you know and this is very well welcome welcome and uh this is the old prevel property the baywinds apartment that's was about yeah that's cor yeah my support on this thank you for thank you is there is there room for um any other building on that property other than what you have planned now if you want it to expand or or no I I don't believe so that's yeah it it's one use and that's correct everything will be pretty much planned out to be a a final final that that is correct there's no phasing plan as part of this development that's correct no very the only thing that I U wanted to make clear you know I fully support the project and I just want to make sure that we have our language uh together regarding the the Covenant that it goes to the city properly and that that is worked out to the benefit of the residents and uh with that and and chairman I I don't mean to interrupt you so long as we have the ability to amend that I don't have any objection to that because we're going to I just fully anticipate that there's going to be request from the city council fully anticipate that sure all right um yes Mr MC motion to approve the item okay hold on one second yeah we we have Mr Besson hasn't spoken yet um all right so can if you can withdraw your your motion I'm just a guy sit Corner in the back um I I thought it happened yesterday it's been here that long go ahead uh couple of questions um what is the foreseeable time frame of the breaking ground of the project to to reasonable completion to reasonable completion so I think um that the if we get the approval for the cup from the city com the city council let's say in February we will still need to go and get the site plan approved so let's just assume and Derek here okay D I'm we're trying trying to move the site plan approval process as fast as possible which is reason I was looking for Derek so let's say we get the cup approved in February and we get the site plan approve in March so right back to back um I anticipate that this team is going to go through their um site grading work immediately thereafter they'll start the process in the fall and we should be in a a 2-year time frame process for constructing the site starting in 2026 and probably completes in 2028 that is that about right yeah so um I think that that's generally the time frame I think of course it's all going to depend on how soon we get the site plan approval because the site plan actually gives us the ability to start talking to the building department to start moving with the construction drawings and for the team to actually invest in those documents and we can't invest in those documents until we have the entitlements in place okay second question the community benefits program not we're not talking about specific dollars and cents per item MH when is that going to be distributed over what period of time so the the anticipation for that is actually going to be at the time of the construction loan for the site so the way repeat that please the construction loan okay yeah so at the time that we receive the construction loan is when we anticipate being able to provide uh for the majority of the contributions there are certain aspects of it that won't be done by then so for example uh we receive the construction loan before construction commences and we anticipate that when we convey the property to m County one of the big improvements which is the pump station won't be completed by then so to get not just to the contribution but to some of the improvements that we anticipate um you know they all may not occur around that time but we anticipate that the bulk of the distribution of the contributions will occur um at the time of construction loan when we have the construction loan in place to be able to move forward with the development and I trust that that amount is included in your request for the amount of money that you're asking in the loan correct yeah yeah that is not just a construction cost but also make sure that the the additional soft costs addition additional soft Mr chairman yes no Mr cyre yes sir I yeah yeah we did I I he yielded so he could be the last one to speak I I allowed it so I just have Mr chairman if I may you may mmer go ahead thank you Mr gassan I know the last time we were here with the other project I made this comment and I just want to say this on record I think it's extremely important that we identify which department or which individual within the city that will be responsible to ensure that this happen and as the doctor mentioned within that time frame because it's great that you presented this it's great that it's on paper it's great that we are all aware of it but if there's no one who is responsible and who should be held accountable who's to say that it will actually come to pass understood doctor what I what I know is that on on our end um so on our end we're certainly going to be able to commit to providing for our contribution and my understanding is that there's a contract compliance officer who does it but I don't know if that's going to be something that that person does or the city manager does I'm sure that there's going to be some discussion as to who's going to um have oversight over the uh uh the use of those funds to ensure that they're consistent with what's put in Mr cook if I can indulge you for a moment with answering that question sir as to who normally would Mr cook please don't give us that look please don't give us that look because at the end of the day um I think that this is setting a standard and although the attorney has advised us that outside of this we should not um be having this conversation in this way I believe that we should set a standard as other developers come forward and they want to do business with the city and they want to invest in the city that we do have a department that we do have a specific person responsible for the entire roll out so that we don't find ourselves in a situation like solia things are promised and then at some point someone decides that oh we don't need to do that anymore and then the the community L out on these benefits so we have had somewhat of an antidotal conversation about that and we've we need to Hash this out with specific within the city but we see we feel it should fall within the umbrella of the economic development department and that they have individuals who are supposed to be tasked with with making sure that certain benefits are executed within the city but we need to Hash that out um Madam commissioner to be sure so we can have accountability and make sure to your point we don't want to find out that here we are is built and this wasn't done and that wasn't done so we need to be that would be great if that person was made known public yeah you know M Mr cook and and Naomi um at a conference I was recently at um cities around the state are instituting what they call because many have the same issues we do so their instituting was called a community benefits manager that just deals with Community benefit packages making sure they're complied with making sure that the promise is made or promis is kept so that that's something that's now happening around the state so uh that might be a option yes we I would present that as an idea all right come out thank you Mr good yeah we don't want to make that a resolution or anything we just would like to pass that along to you because we we know the conversation has been we have had the conversation okay as as we all know there's been a lot of promises made by a lot of developers in the past that somehow just sort of slipped through the you know and what happened where did they go you know yes so all right very good um Mr Cy Freed at last at last thank you thank you for your patience sir I I am patient to the end I I assure you uh I have the patience of Job uh actually what what I would do is at this point make a motion to approve the project as presented and with the recommendation that the city seriously consider the position of a community benefits manager making that as a recommendation Council can do what they choose but these things can be very comp complex and the points are well taken that promises are often times forgotten altered or ignored entirely once a project gets developed and so what we would need in my opinion would be a community benefits manager whose job it would be to ride Herd on all of the promises made and make sure the city actually deres the benefits so that's that's the essence of it a motion to approve with a recommendation that the city seriously consider a community benefits manager to oversee these contracts yeah I certainly a second for me well U before um if if I could yield for a moment to discuss with patient go ahead thank you Mr H would that have to be in a form of a second motion recommendation for the benefit package I think it's okay as stated have Mr CED clarify that the additional condition that I st earlier would be included yes we we would adopt the additional recommendations that council is made that's for all that's for all future projects or all ongoing projects not just this project that's true right so I mean why would you attach it to this one why not just make a separate resolution to say certainly entitled to do it however you want to so it it may be cleaner to just separate the two that's that's my thinking too all right so we have we have we have a a motion to approve the matter before the commission all right and that goes and then a second [Music] motion see by that would be a resolution correct by recommendation and a motion we we we make the motion is a recommendation that the city seriously now consider a community benefits manager to oversee these items as they come up and are implemented okay okay okay so we're going to vote separately on each motion and the first motion includes my condition yes yes the first your conditions are I'll send it to you yes you'll get the email hopefully the computers will be working by then too he'll send it to you uh them separately yes yes so we're going to consider just as a review here on what we have on the table um we're going to get two motions the first motion Mr cyre would you like to to approve the the the the petitioner request as submitted to include also the recommendations that Mr held will forward to the commission secretary for for inclusion okay do I have a second on that motion second seconded by m BL okay uh we'll take a vote on that real quick um and make it a roll call that will be a roll call absolutely um we'll start with Mr E yes of course M Mr E is yes Mr mcdermaid yes Mr mcdermaid is yes Miss mmer yes m is a yes Mr cyre yes is a yes Mr cyre is a yes Mr Besson yes is a Mr B is a yes Mr is a is a yes thank you chairman thank you members of the commission motion passes un now we have a second motion that's going to be presented second motion the second the second motion is that this commission recommend that the city council create the position of a uhit Co benefits coordinator to oversee Community benefits coordinator to oversee the implementation of these Community benefit packages as they come through the city just with a correction I don't think it should be a coordinator I think it should manager all right call it manager I with that manager okay Community benefits manager to re see these Community benefit it's packages as they come through yes okay okay so so we'll go down the line again okay I need a second on that motion second second by Mr mcder roll call vote will be necessary also motion hold on second um this time was okay chairman erns um chairman erns yes uh Vice chair mcar made yes commissioner blir yes commissioner e yes commissioner cyre yes and commissioner Besson yes motion passes unanimously very good all right so both items uh have been uh approved to pass along to the city council and let us hope they uh see it our way and we get these things taken care of um now the U I've lost my okay um do we have any committee reports so we can finish up anything any new business' already s Andre are you leaving Andre are you leaving yes Mr Pier yes Mr chairman yes sir um this is on new business um yeah I guess it's new yeah um Derek yes sir I know that you that you're not responsible for for this but can we begin some discussions on how to eliminate the consideration of stairs and elevators as a dwelling unit um you know I think that that's yeah you know I think that that's really you know impactful obviously it's impactful because it affected the agenda on tonight and obviously stairwells and um you know ele elevators are the city of Miami doesn't have it so you know they don't count it as uh you know plugging in some other requirement or an adverse reaction so can we start to talk about that um so they are not considered as dwelling units well that's what they said earlier tonight it's just um if it is able to be occupied by a human that is that if you if it's under air conditioning or it's within a structure that you and I can be within and it's the roof top then is counted towards the height see and that's where we need to not do that right we're going to be doing the ldr is over are we not we are in that process then that's when we I'm sorry we are in that process yes sir okay so we're going to all be sitting with the uh counselors advisors and we're going be having Community me bring if that if if we can put that on the radar for the staff to include that in the in the documents that will be presented to us so what you're saying is if I if I may Mr chair is that for um apparatus that allow access to the roof for amenities do not count towards height such as an elevator um room a stair where that language should be struck we feel rooftop garden roof got Garden is not counted towards height I should all right okay so that's it with new business anything from staff before I adjourn nothing okay Merry Christmas have a wonderful New Year everybody happy holidays to all Christmas happy holidays what you do buddy thank you good night everyone w