[Music] [Music] [Music] [Music] for [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] what [Music] [Music] he [Music] e e go ahead and 5 minutes because we're we're missing one board member that's on the way and that way we can start then thank you e e e hello you good good recording in progress good evening this board is comprised of seven members four members of the board shall constitute a for the affirmative vote of four members shall be necessary for the adoption of any motion if only four members of the board are present and may request and be entitled for continu to the next regularly scheduled meeting of the board if matter is continued due to L Forum the chairperson or Secretary of the board May set a special meeting to consider such in the event that four votes are not obtained an applicant except in the case of the comprehensive plan Amendment request or allow the appliation lobbyist with our recommendation pursuant to resolution number 2021 118 the City of Coral Gables has returned to traditional in-person meetings however the Planning and Zoning Board has established the ability for the public to provide comments virtually for those members of the public who are appearing on Zoom and wish to testify you must be visible to the court reporter to be sworn in otherwise if you speak without being sworn in your comments may not have evidentiary value lobbyist registration and disclosure any person who acts as a lobbyist must register with the city clerk as required pursuant to the city code as chair I now officially call the meeting of the City of Coral Gables planning and Zing board to order on March 13 2024 the time is 606 Emily if you please call the role Julio Gabriel Here Felix cardo here CH Withers I'm here Robert beart here Suki here Sal here may I here notice regarding expar Communications please be advised that this board is a quazi Judicial board which requires board members to disclose all expart Communications and sight visits an exp parte communication is defined as any contact communication conversation correspondence memorandum or other written or verbal communication that takes place outside a public hearing between a member of the public and a member of a quazi Judicial board regarding matters to be heard by the board if anyone made any contact with a board member regarding an issue before the board the board member must State on the record the existence of the expar communication and the party who originated the communication also if a board member conducted a site visit specifically related to the case before the board the board member must also disclose such visit in either case the board member must State on the record whether the expart communication and or site visit will affect the board member's ability to impartially consider the evidence to be presented regarding the matter the board member shall also state that his or her decision will be based on substantial competent evidence and testimony presented on the record today does any member the board have such communication or site visit to disclose at this time no no um I did receive an email uh last time I went ahead when we had this item come up and I went ahead and presented it to City staff for the record previously establishing the record that occurred on that date will be included in the record thank you um swearing in everyone who speaks this evening must complete the roster on on the podium we ask that you print clearly so the official records of the name and address will be correct now with the exception of attorneys all persons physically in the city commission Chambers who will speak on agenda items before us this evening please rise to be sworn in so we have one person only that's going to be speaking tonight other two people that will be speaking tonight again everybody that will be speaking tonight please stand up with the exception of attorneys to be sworn in thank you zoom platform participants I will ask any person wishing to speak on tonight's agenda item to please open your chat and send a direct message to Jill actually to Emily today we don't have Jill with us today stating that they will stating you would like to speak before the board and include your full name Emily will'll call you when it's your turn I ask you to be concise for the interest of Time phone platform participants after Zoom platform participants are done I will ask phone platform participants to comment on tonight's agenda item I also ask you please be concise for the of time we have the approval of the minutes of February 20th 2024 has everybody had a chance to look at those is there a motion I move second Julio Javier second any discussion no call the role please Robert Bear yes Sue kersi yes Javier Salan yes Julio Gaben yes Felix Paro chip Withers yes AB I that yes the procedure that we'll use tonight first we'll have the identification of the agenda item by Mr caller then we'll have the presentation by the applicant or the applicant's agent then the presentation by staff I'll go ahead and open for public comment first in Chambers then Zoom platform and then the phone line platform we'll then go ahead and close a public comment have board discussion and a motion further discussion and a second of the motion if necessary with board's final comments and then a vote uh Mr chairman because there are three related items for this um if I may does you need Mr Bear yeah you want to say I will have to reduse myself the project that you will see tonight is one from our office so I will at this time will recuse myself to you can move on thank you very much please let the record note that Mr bear has recused himself and is leaving the chambers okay so I'm going to be reading in all three items we'll have a hearing will be for all three items and then we'll vote separately on each item item E1 an ordinance of the city Commission of Carl Gables Florida amending the future land use map of the city of Carl Gables comprehensive plan pursuing to zoning code article 14 process section 14- 213 comprehensive plan text and map amendments and small scale Amendment procedures from commercial midrise intensity to commercial highrise intensity for Lots 1 through N9 and lots 39 through 42 and from single family high density to commercial lowrise intensity for lot 17 through 21 Block 14 Carl Gables Craft section one Al one 13 Alia Avenue 152 Alia Avenue 160 ala Avenue and 2701 ponon Boulevard and 103 sevila Avenue Coral Gables Florida including required conditions providing severability inclusion I'm sorry providing for including including required condition PR for for appeal provision severability clause and an effective date item E2 in ordinance of the city Commission of Carl Gables Florida making zoning District boundary changes pursuing to zoning code article 14 process section 14- 212 zoning code text and map amendments from mix use 2 District to mix use 3 district for Lots 1-9 and lots 39- 42 and from single family residential district to mix use one district for Lots 17 through 21 block 14 Carl Gable's Craft section I've previously read the the several addresses so I'm not going to repeat them Carl gaes Florida including required conditions providing for a repeal or provision cability clause and an effective date item E3 a resolution of the city Commission of Carl Gable Florida providing a mixed use site plan and encroachments pursuant to zoning code article 14 process section 14-23 conditional uses for a proposed mixed use project including live work units referred to as 130 alaria on property legally describes as Lots 1-9 17- 21 and 39- 42 Block 14 Carl Gable section including required conditions providing for a repealer provision servility clause and an effective date item E1 E2 and E3 public hearing thank you Mr novaro welcome good evening um Mr chair board members uh I want to thank you for the opportunity to defer last meeting uh we're excited to be back uh for the record um George lavaro with office at 333 Southeast 2 Avenue let me grab the remember how to use this um here along with my um colleague Devon Vickers um and our clients and Property Owners we're here with uh as well our design professionals from bear font Carlos Lima and we're here this evening to present a new project in your downtown it's a very unique project uh because it will add the first active recreational park in all of downtown if you could believe that your downtown is a place where many people live and work but it's actually very limited in terms of access to convenient and safe recreational open and green spaces and there's a big need for these spaces it's also a project that has involved an extensive amount of community outreach probably a project in my time that it's probably the most amount of community outreach that I've been involved in uh since I uh started working in Coral Gables uh particularly with the single family areas um that are directly to the east of this project we've spent since June of last year a significant amount of time working with them uh we've had multiple neighborhood meetings we've had two publicly noticed meetings from those meetings we identified specific residents that had specific concerns and we had three subsequent meetings after that with the neighborhood to discuss those concerns uh get their input get their feedback and ensure that everyone was informed and involved we've also created a website to disseminate information about the project one of the things that you'll see this evening is a park plan which we've been working closely with the residents of this uh area that's immediately east of us and uh this park plan has changed significantly over the last um several months as well as our project in response to the feedback that we received and one of the things that I thought was unique and um which really has helped is we've actually opened up what you could see there an onsite office where residents from the community can actually come make an appointment get information about the project we have all the renderings up um and they could provide uh feedback and ask any questions that you have so I'd like to show you the area that we've been focused on um you'll see our property is comprised of three separate Parcels the one that we are developing with the residential building that you'll see this evening is highlighted by the green star and what we've done is we have covered a large area and really focused on the closest and most affected residential areas to our project which are the ones that will really benefit the most from this project and the park that we are proposing to provide so as a result of this Outreach we've been able to obtain 80 petitions as of today in support of this project uh you could see where the petitions have come from uh I'm also happy to advise that earlier today we obtained the support of Letta Roy um who is probably the most proximate person to this project and who we have worked with for months uh who had uh concerns about our project but she sent a lovely letter in today and support of the project so I want to thank her I know she can't be here this evening but we hope to see our commission um and our thoughts are with her and her family but um let me tell you a little bit about where this property is in your downtown and where it's located so the property is comprised of three separate Parcels that total almost an acre of land within the block that's located east of ponds between your CBD and the plaza project the sites are separated by an existing commercial alley which is highlighted in yellow um that basically bifurcates these parcels and the first parcel is the one that directly fronts on to ponts while the second parcel is a midblock parcel along Alia that directly faces the CBD and then the third parcel is on the Southeast corner of the block and that is the one that is the most adjacent and proximate to the residential areas which are just on the other side of gallano street further south um so our proposal you know we've been working on planning this land it's not every day that you get an acre in downtown to to work on and that's so uniquely situated this is the existing four-story AmTrust Bank building which I believe everyone's familiar with it's a building with a lot of charm I think a lot of people actually think it's a much older building but it was actually constructed in the 1980s and as part of our project we're proposing proposing to maintain the AmTrust building uh and simply make interior renovations to it the second parcel which is the midblock parcel um is along am areia it faces the CBD and it is improved currently today with a 2story retail building and office building and has a large surface parking lot which you can see to your right um this is the parcel where we'll be constructing the new residential building that we'll be presenting to you today for your consideration the last parcel is on the Southeast corner of the block along gallano um and this has historically been used since the 1980s as a commercial parking lot for some reason it has single family zoning the whole block is mixed use kind of out of character with the area but this is the parcel where we're going to be building uh and paying for and constructing as part of our project a new 12,500 ft Park so we're essentially taking the existing parking lot that's there today the entirety of that parking lot and converting it into to a park and this Park's going to have um a lot of landscaping as you can see new shade trees art installations well-lit p uh walking path seating areas bicycle parking stations and outdoor playground equipment which was a request that we received from many nearby residents as part of our Outreach now while this is only a concept plan some residents wanted to see a more kind of walkable park for activities and a lot of grandparents and families and parents in this area have kids and they have nowhere to take them here I'll show you later why that's the case um but we are fortunate enough this property is so big that we could actually program it for both of these uses um and we've started to go ahead and do that uh these are the latest renderings um which obviously are work in progress but we are going to be continuing to work on these with uh with the community and these incorporate all of the comments that we've received either online or an iners some meetings with neighbors uh it's going to have artwork as you can see seating areas this is more the passive walkable component of it with you know walking and jogging trails um surprisingly a lot of dog owners in this neighborhood but nobody really wanted to see a dog park uh but then um you know obviously this conceptual but we want to activate this with with Recreational Equipment for kids playground equipment um and this is kind of we've worked off of the feedback that we've gotten to create this plan so how we've been able to achieve delivering a large Park in the heart of downtown the fact is we're able to achieve that by only building on one of the three sites and this allows us to preserve the existing amtr building and to preserve the entirety of parcel 3 along Alano as an open Green Space the middle the mid block portion is better positioned to accommodate the hype because it allows us to transition the height away from the residential uses on the east side of gallano street and place it within your downtown and Central business district your commercial core in order to accomplish this we're asking to redesignate the midblock parcel is it says MX2 my apologies that is actually MX3 it's currently MX2 uh which allows a 97 ft in height uh with Mediterranean bonuses but we are asking to rezone that to MX3 but we're going to be capping the maximum height that could be built on that parcel to a maximum of 141 ft via a covenant that will run with the land and bind the future development of this property so I'm sure everybody's aware you're all very uh knowledgeable of the code but the only difference between MX2 and MX3 is the building height which we're addressing via the Covenant the density and F stays the same and as you could see there's already a significant amount of MX3 to our South so we're not moving the line any further than it already is today we're also asking to rezone the existing commercial parking lot along gallano to co to Commercial lowrise and mx1 to make it consistent with its historical commercial uses but also consistent as you can see with the rest of the block which is also completely Z zoned mx1 but rather than building on this parcel in its place this is where we will create a freestanding Park which is interesting because most of the parks that I've seen come before this board are part of a project they're kind of a an ancillary use of that project this is a completely independent property uh that will be dedicated to the public for for future use uh as a public park and we will be doing that via a separate Covenant that will run with this property that will dedicated for public park purposes so essentially the request before you allows us to do two things one it allows us to shift the height from the ends of the block where it could have been built to the middle of the block where can be accommodated better cuz it's further from residential and in your commercial area and secondly it allows us to free up 30% of this property so 30% of this property is not being built on it's not being developed it's simply being dedicated as a green space which will become the largest recreational park in downtown and you'll see why that's important later um we've looked at the options to construct this independently and under this alternative and we believe uh that this is a much better alternative than simply developing on all three parcels and providing the minimum open space that's traditionally required for your downtown developments which as you can walk around downtown you see it's primarily colonades Hardscape plazas and cover pasos uh this would be the per code uh with Med bonus um design um you would have um Al ponds uh the the two 97 for buildings with the project in the middle as well and then in the back there will be uh another development uh as well on that existing commercial parking lot in lie of this this is the alternative that we're proposing we basically bookend the site with buffers we keep the existing office building where it's at and in the back now we have a new public park and as you can see the height of this building is very much in context with what's around it but what's important is the public benefits that we could achieve by this which is under this development we're doing 12 times 12 times the amount of open air Green Space that would normally be required and we're doing 35% more total open space than would be required uh as you know under your code you could do up to 75% of your open space can be covered uh with arcades and pases so want to um kind of go into the height a little bit um this area of the CBD is essentially an area where immediately to our north west and south if you can see in this exhibit here um the buildings to our West and directly to our North they're already at 190 ft so this is an area of the downtown that already has many larger and taller buildings existing and what we are proposing is a building that would be 50 ft less than what already exists there today so this is not an issue where our project is going to be the tallest building in the area uh will actually be much much shorter than what's there today so to walk you through um our project plans this is the overall site plan including all three Parcels you can see we have uh the existing amtr building to the West the new um Residential Building in the middle and then on the other book end towards the east we have the large open Green Space this is the ground floor plan we've have our main vehicular access coming off of alua um but we also have a separate access for service and basement parking in the rear along the alley one of the things that we want to do this alley is we want to beautify it make it more walkable make it more pedestrian friendly we want to incorporate pavers um and the reason that's important is because we've also Incorporated up a on the east of the building so you will essentially have two connections from downtown Through the Alley along Al Maria one being the Western portion of this building the other being the Eastern where you could cross this block and also have easy access to get to this park um we've also interesting the existing amess building has no parking so what we've done is we have created a basement parking garage that could be accessed through a separate elevator uh to provide parking for that building um and what we have done is we've created a separate elevator that will allow visitors and employees to conveniently and safely Park in one building and walk across to the other one thing I like to highlight is the ground floor the way we've activated it currently is with ground floor live work units we originally had retail planned along our Frontage but as a result of the feedback we received uh at our first uh neighborhood meeting we removed that and replaced it with live work units there was a concern with um retail uh patrons coming and perhaps parking in the neighborhood and creating additional traffic so that is a change that we've made to the plan uh We've now activated the ground floor along alua with Liv work so just to walk you through quickly we have floors 2 three and four are parking and then we get to the typical floor plans on on floor five for the 122 units that we're proposing this is a typical floor plan these are floors 5 through 13 and then we have a rooftop amenity area uh that has um you know obviously your pool your gym it also has seven residential units up there so as I was so one thing I do want to mention is we have received uh some feedback from some residents regarding the architecture of uh treatment on the ground level so these are updated uh renderings that we've been working on that we're committed to doing this uh we have changed the ground level design um and um this is what we're currently proposing based on the feedback that we've received so I'll walk you through that that's a rendering of the building um and this is a night rendering along Al Maria so one thing I wanted to address before I conclude is the need for parks within your downtown because I believe it's very important to understanding uh this project and why this project is important while your downtown is very walkable and bike and pedestrian friendly it's fortunately an area of the city it's greatly underserved with public parks especially with recreational spaces if you could see here uh the area in green that's highlighted with the green uh um star is the location of the new public park and the closest parks that you have in walking distance to this area other than Pon Park which is most a passive park that's programmed for event space is San Sebastian Park which um is not programmed in any way and sardo green which is primarily um B you know seating areas uh landscaping and Hardscape and some art but these are all 20 minute walks away 15 minute walks away depending on how fast you walk um you'll probably get there quicker than me but we've met with many neighbors as I mentioned and one of the echoing themes that we you've heard is we need more recreational more recreational opportunities in downtown people want Parks uh and I think that's echoed by the 80 petitions from the immediately adjacent uh residential area that has said please don't build on all three sites we would prefer uh for you guys to find a way to deliver some park space um if you can look here if you see most of the parks in this area are essentially west of leun so you'd have to cross leun to get there there really is nothing walkable for any of that single family neighborhood to be able to access for for for park space the need is not only documented from uh the feedback we've gotten and what I've heard from the neighbors I've spoken to but it's also documented in your city's uh Parks master plan so in 200 21 the city went through an extensive workshop and visioning sessions they did an extensive amount of research and they updated its Parks master plan with two goals and if you could see the these are two goals that they had and their second goal their two most important goals was the expansion and development of parks and Open Spaces in downtown which is exactly what this project will do as part of the preparation of the master plan the city also did an inventory of the existing park services throughout the city for instance the C central part of Coral Gables within the CBD has only a handful of parks and urban spaces tolling just half an acre in the entire CBD which most of it I've looked at each of these sites is mostly outdoor hardscaped areas and plazas just to put in perspective the impact of this park the park that we're delivering is essentially more than half of the total park space that currently exists today within your entire CBD and the reason is so difficult to deliver park space your master plan outlines it specifically the reason is that most of the areas within here are privately owned and they're very expensive so City's unable to acquire them right they're zoned for commercial development so the city is very limited in the resources that it has in order to deliver this much-needed park space the application that we're presenting today is just one of the few tools the city has in order to uh try and deliver these open spaces and that is working with owners to find Creative Design Solutions in locations where it's appropriate to free up valuable land for the development of park space um and I hope you could see that that is what we have been working very hard to try to accomplish here and I think it's really only by creating a system of parks such as this that you could even begin to address the need uh the downtown Coral Gables uh is facing in terms of lack of park space so I'm very proud to have been involved with this project and um I want to very uh fortunate to have spoken with so many people over the last 10 months those discussions I'm sure will continue I know that uh we have not appeased everyone it's difficult to get full consensus on anything even you know where you want to go to dinner but we feel that we have uh worked very hard and explained this project to a lot of people and been able to obtain a lot of support from those that are uh most immediately to us and uh with that I'd like to reserve a few minutes for rebuttal and I'm here to answer any questions the board may have thank you um let's go ahead and have uh Jennifer Jennifer Garcia apping official can I PowerPoint please good evening perfect thank you so 130 Al Maria the mix huse project that we're reviewing today has three request uh the comprehensive plan map Amendment the zoning code map Amendment as well as the mixed you site plan and encroachments so the location as we described is is in the middle of the downtown area and if you look at the area it's really that one block between the central business or the CPD and the plaza development that whole kind of pinkish area to the to the West it's all kind of considered part of downtown um this is a last block between the two uh larger I guess developments of downtown sorry the CBD and the plaza so in the area as um as the attorney has talked about um the closest I guess immediate neighbor um that's showing in development is the plaza um it's at90 f.5 um the I guess the next toer building in the area is is um the future Regency Park which you saw reviewed a few years ago which would be 205 and A2 ft as well um and then some neighboring properties the north that within the CBD so again the request is three um the future land use map Amendment the zoning code map Amendment as well as a mixed use site plan encroachments so the change for the land use is from the existing which is commercial medium uh rise intensity as well as the uh single family high density of the proper that's to the uh Southwest of the three parcels and to change that zoning on the North side those two Parcels would be commercial high rise intensity and then the new I guess Future Park to be commercial lowrise intensity the zoning code map Amendment right now the current uh zoning is MX2 those two properties that are facing Al Maria and the property facing south right now is single family residential uh the proposed um map Amendment would be to change the MX2 that's space in almary to MX3 and the property is going to be the Future Park to be mx1 that be consistent with the comp plan and the third request is for a mixed site plan as you know there's a threshold in our zoning code whenever a a mixed site plan is greater than 20,000 squ ft it requires a conditional use process and that's why they're here here for you today um so the mixed side plan consists of the existing four story office building that's going be facing uh Pon Leon that will remain the same um the new building will have four work units facing Al Maria a pedestrian arcade along the front a pedestrian Pasto to link to the back where the alley is the vehicular entrance and exit to the parking structure below grade and above grade um will be on the very um east side of the building uh loading and all that um back of house um uses will be on the back where the alley is and the Future Park will be on the gallano and Sevilla Corner the encroachment is um to the South West part of the new building it's a roof overhang that will be overhanging a little bit into the alley and I should go probably go back this was a request by the um war of Architects actually not the encroachment itself but to uh change the the forming and the massing of the building to be more uh consistent with my train architecture and that required them to have this roof overhang um in the alley so the lot is Just sh high of 1 acre it's 99 Acres the open space that they're requesting sorry they're proposing for pting in the mix use site plan is 34 uh% the requirement is 10% the density is um the same as as 125 M an acre they're proposing to have 122 units the f is just shy of the maximum at 3.46 F and the building height is 141 ft if they are allowed to change the land using that zoning so the the project started with the the DRC review which is back in October of 2022 uh they went to board of Architects a few times got their approval last April they've had a couple of neighborhood meetings um last summer and last fall and here we are for planning zoning board they've sent property uh they've sent letters to the property owners within uh, 1500 ft as required by code and they've done that four times for both neighborhood meetings uh last month's planning zone meing and this month's plan Zone bring um they uh four times the property's been posted four times the websites been posted as well and new Ser advertisement twice this have determine that the application is consistent with the comp plan the goal is objective the policy of the comp plan as far as mixed used buildings and open space in our downtown sta recommends approval with conditions those conditions are outlined in your staff report at the very end but the highlights are to not exceed um the height of 13 stories or 141 ft uh the public park will be public open to the public um located on cevan Gano the street improvements would include improvements to both sides of the 100 block of Al Maria with landscape bump outs um and continuation of the bike lane on gallano to um continue of the three blocks south as part of the plaza project uh underground of overhead utility lines along the entire length of the alley as well as the G to the north side of home areia and then drain improvements may be required as they get further through the um permitting review process that's all I have thank you thank you thank you very Emily how many people do we have in Chambers that are signed up to speak um sign up we have six um has anybody not signed in so we have six people in Chambers uh nobody has come in since then so let's go ahead and open up for public comment first and if you wouldn't mind please call the first person um Julio G gentleman sitting back here oh I'm here okay sorry sorry um Sue carki you're calling the role you're yeah you're calling the role than oh sorry my my apologies I don't wor um uh Natasha Gonzalez sorry okay um Johnny um I have everybody listed online like who's in the waiting room I've admitted them do they have the right code so we're going to go ahead and so we're calling people in the chambers mhm okay well they're asking about Zoom right now if if if we can we'll the city will go ahead and take care of it I'd like to just direct everything if you don't mind up to the chair and I'll I'll direct um okay the the next person is Johnny if you'd like to speak Emily will you contact or have somebody please contact staff I did um so it came downstairs but I've admitted everybody who's come to the waiting room um um the ID number is I believe [Music] 9513 I don't know if you'd like to tell could you could you speak clearly into the microphone and just give everybody that the zoom link is 9513 I've admitted everybody who's been in the waiting room um you can find the link on the agenda thank you so the the first individual that's going to speak the name is Johnny Johnny um El hi if you could please State your full name and add address for the record right good evening everybody and my name is Johnny alj and living in a 305 flu Avenue 3 3314 and my phone number is 786 you don't have to State your phone number just right okay just your name and address thank you all right okay thank you and I'm here to support that project that upcoming project and I included a Building and park and I think it's a a good good prayer for our neighborhood I have a daughter he like to walk and uh running and uh he spending a good time and I know a lot of people have family that like to do that and that's the reason because I'm here and I would like please approve the project because I think I sure is uh going to be good for our neighborhood thank you for listening thank you sir the next person please if I may I'd prefer to speak at the end of the comments is that possible can I'd rather you just go now since your name has been called please absolutely thank you so I represent uh T you just state your name and address for the record please for the record Edward martos offices at 2800 Pelon Boulevard I'm here on behalf of a property owner uh immediately South and across the alley from the proposed project and uh that's TF LLC so they're at 129 seevilla and also two adjoining Lots now we've been working closely with the applicant to come to some resolution to our objections we have several objections to the proposal uh those objections are practical and also legal in nature I won't get into all of it because we are working with the applicant and we hope to come to a resolution but I do want it stated on the record in the broadest sense I'll give you an example if you look at any of the photos in the staff report and any application materials just about everyone has a deep dark shadow between the uh Gable's Plaza project and this proposed new project we are in the middle of that deep dark shadow and the current zoning does not allow the the project current zoning on my client's site does not allow sufficient development to work with that sh Shadow to work around that shadow by moving up for example Etc that's an example of a practical issue it also comes down to a legal concern because as a legal matter we think that the proposed uh resoning may not be consistent with the comprehensive plan comprehensive plan protects properties from things like excessive Shadow the lack of light and air specifically for example policy Dees 1.1.5 so um also on the legal front you know we're not sure that the the uh the proper analysis has been done for the rezoning not all the parcels that are currently single family are being rezoned as they should be and so there are serious concerns again that's just an example our request is that you defer tonight if you decide not to defer then we request that any recommendation that you make advancing this item to the city Commission include a request to the city commission that the applicant continue to work with my client to address what amount to very serious zoning and practical concerns that are affecting the you know my client but also even neighboring properties to the south of the project and that's it I'm available if you have any questions thank you sir next speaker please um n that Callas when you're ready I am just playing interpreter for the evening um if we if I may just ask that question since we are a quazi Judicial board and we don't have enough official interpreter is this okay for the record since the attorney has a responsibility to be candid with the with the board I I think we can accept since we don't have a designated interpreter for him to interpret but I since did she understand sufficient English that she was able to be sworn in or do you need to be sworn in yes she did okay okay I just wanted to clarify legally from what I spoke to her she speaks English but prefers Spanish that's fine if City if the city council is good with it then we're good with it all right go ahead please good evening everyone Natasha Gonzalez 300 flua Avenue Coral gaes Florida 331 3 four the first time I started hearing about this project she started following it along and paying close attention what called her attention the most was the ability to have a park if I can ask her just to lower the microphone to her voice it'll be easier for the court reporter thank you okay she's a person that walks along a lot with her kids she has a lot of nieces and nephews too and that's something that they do very often is walk around the neighborhood so this is the reason why she took time out of her day and took uh tonight to come over here to speak in support of the project and ask that you um approve it yeah thank you did you say thank you thank you thank you very much for coming next speaker please next is Sarah hello I'm Sarah Kandi I'm at 228 alesio Avenue and I uh so I know that um where it appears that the developer is um proposing a park um I guess because the um project is pretty much twice as high as what's allowed without the uh without the um Med bonus so I guess this is a sweetener but at the same time he's giving a park which he wants reson from residential to mx1 I you know it's a little curious uh he's saying that he's going to leave the you know he could instead of doing two MX2 up to the Limit 97 he's just going to do that one in the middle but he's asking to change the property uh where the AmTrust building is to MX3 why is he doing that I don't know so uh you know I think it's a little fishy in my opinion I think it's a we're going in a direction that no one in the neighborhood wants us to go in we're going towards more Plaza and uh you know this is something that now we're fighting for every single plot of land in our area everyone wants to go to the height of the plaza it's a problem for us that's that's you know that's all I'm going to say thank you thank you ma'am next please just is listed um next person I believe is Favio I understand uh Fork Vic was last name good evening chairman Board of members good evening thank you than you for the time my name is David forier my address is 128 s Sebastian and I am also the chairman of the transportation Advisory Board uh regarding this project I'm asking the board to vote no I met we did meet a few times with the developer can yes can I just ask to clarify a question are you talking on behalf of the board or yourself individually myself individual okay thank thank you I just wanted to clarify I understand I met few times with a developer and um you know like most of the developers they they are very open to talk but uh they never listen we met three times the first time we talk about the de the project we told them from the beginning that it was massive and the density was too big and the other two project was mainly about the park okay so I just want you to understand also the fact that where I'm going to the soft side of a downtown of cor GBL is is already suffering very heavy traffic we're not talking about Rush Hour which usually start at 5:00 p.m. but we already have a heavy traffic at 300 p.m. you can notice the congestion of a traffic on University Drive from the light of Lun we have C all the way to the intersection of salzo and even passing Salo waiting for the red light to become green which cause major traffic to the driver who wants to connect with a University Drive the traffic on P the Leon is very dense as well even C when you are driving on sea and you want a cross pwns you cannot because from the red light of alaria the the line goes all the way to the beginning of of the park pawns Park these are only few example of today traffic which is only 500 ft of this project and I remind you that the plazza is only 25% of its capacity as of today 25 30% the street of alaria is only 16 ft wide with two ways Traffic this street cannot absorb the density and the traffic of this project that this project will bring as of today we already have a traffic and just remember when at the light when you are the light on Al Maria and points and you want to make a right or you want to make a left you are going to stop the fre of the traffic because you have only one lane so right right at this traffic right at this spot we have issues with with the traffic um also I want to remind you that we are going to have also a major order project which coming on salzo between alaria and Valencia I believe it's kodima project over 200 Apartments so this side of Sal of salzo is going to be it will be impact by the traffic and the the the gallano street which before you didn't have any traffic on this gallano street but now you can go you can take gallano Street if you want to take you have the line not to make from this gallano to make a right on amican M all the way to French to the uh what's called you know you have have the some restaurant so you have a line of like over 100 ft 200 ft so this Galia no this part this this area of the the city is getting impact very very much and then if on the top of that we are adding a massive with a big density of a project it would be too much we cannot this area cannot absorb this kind of traffic already and and I want to finish by saying that this project is very similar to what to the PA Park Tower which the paon park Tower was denied twice and if my if I remember well the architect of this project Mr be did vote no for Pon Park Tower and this project is very similar to p park Tower that's all I have to say thank you very much do we have one more um who was the previous is there anybody in Chambers that that wish to speak that has not been called that has signed up no so we have called everybody that's in Chambers how do we what do we have on Zoom we have eight participants um currently one person has raised their hand um if you're on Zoom uh please raise your hand so I can allow you to speak next has anybody sent you a message that they would like to speak um yes two people so I can okay let's go ahead and start with the first person that sent you the message please first off nef yes hi how are you this is Christopher nef uh 40 Sevilla Avenue is Mr Mr nef would you like to be sworn in if so we'd have to have your camera on it's not necessary sure um uh sorry but if I am sworn in then it's it's on record is that the difference evidentiary correct okay yeah I'm happy to turn my camera on that's fine hopefully the feed stays can you see me we certainly can thank you will you raise your right hand to be sworn no problem do you the testimony about to give should be the truth truth or nothing but the truth I do thank you thank you if you could state your name again and address please yes my name is Christopher nef my address is 40 Sevilla Avenue and uh I you know I'd like to say look there's we've been on the street now for about five years uh we have three young boys a 9 seven and four uh there are several kids on this block both grandkids and children um is is not safe to play out front uh there's been some adjustments made in the front side of the street uh there's been some redirection of traffic to help avoid a little bit of the traffic that comes through uh there's been some good points made in terms of the plaza is not at 100% capacity um and I do sort of agree with some of the traffic considerations but I think that those could also be handled I'm I'm sorry I just heard recording stop so should I keep going um uh just one moment we have a technical ulty no worries thank you sir no problem it just the meeting needs to be recorded and the the recording has stopped for some reason good time it you could show us your backyard I was outside grilling and I didn't know I was going to get called to to go on camera but I'm happy to do that uh sh shall I continue sorry or should I continue no if you just wait one second it'll be Tak recording in progress okay uh could we put him back on or we have to wait there you go please continue and I apologize on behalf of the city no to totally fine I work in Tech I get uh it happens um so my my point is I I do believe you know it's very hard for our kids to play out front we feel obviously safe with them playing in this yard uh but we do not feel safe with them playing out front and I know others on this block share our concern uh I do believe that this park would be great for our block it would be great for the kids it' be great for all those that want to walk uh the area and there's way more people sort of walking the area and enjoying um this street since the plaza has been created so I do think there are some legitimate concerns about traffic um and I I do think those could be rectified in other ways um but I do believe you know I would like to uh support this and I I think that the park could do a lot for this area uh for those individuals that live on Sevilla and the and the surrounding streets so thank you thank you uh for the time thank you sir next person please on Zoom next person was is your computer on Adriana my computer's having technical difficulties um hi yes hi my name is Adriana NE and I'm at 40 CIA as well I'm Christopher's wife how are you if you could you stated your address already so thank you adri we're going to swear you and if you please use your right hand do you spread the testimony about to give should be the truth truth and nothing but the truth yes thank you continue please right um so just to piggyback off what my husband's saying but from a mother's point of view I'm a constantly walking around with the kids the closest part to us right now um is Circle Park which I have to cross the street with three little ones either on scooters or bikes through ponds which is sorry I'm sorry like dark game now um through ponds which is a heavy traffic street now that the plaza is open and there's like more stuff going on so that's always a concern for me I know on our block specifically there are eight children that are residents of none of them get to play outside I don't know what other kids are in the neighborhood like the the streets next to us cuz like the kids never get to play outside so it's just kind of disheartening that you know our childhood is different than theirs where we got to play outside until the street I turn on and they don't have that um especially in such a beautiful city so we bring them a lot to the youth center which is our closest park to us or Douglas Park which is not part of our our city so I do I do like the idea of having that park near us where we can actually meet the community meet the friends meet the neighbors um uh meet the neighbors and feel more like a community and not like everyone just kind of living their own separate in their own separate space that's thank you next person please um if cgtv can uh see who uh who else has their hand raised I'm trying to Enter The Zoom Emily are we is the system down for you uh yes I my computer had shut off um I'm trying to enter the room again so they can okay thank you thank you everybody for your patience there we go hi could you please state your name and address for the record yes uh Alisia bakik address is 7:30 Crona Avenue and I'm a property owner of 3026 Coconut Grove Drive could you please raise your right hand to be sworn in do you swear the testimony you're about to give should be the truth or truth or nothing but the truth I do thank you please proceed um thank you good evening to the planning zoning board members um we purchased our property back in 2005 and back then it's almost 20 years ago um we we thought that it was very attractive to live close to downtown um Coral Gables and have a have a walkable lifestyle if you will um I can certainly say that we've seen the evolution of this craft section uh throughout almost the last 20 years certainly being in concert with um George Merck's original master plan of having a live work District um when we purchased the property in the mid 2000s uh I don't know if anyone remembers but the adjacent commercial properties were essentially concrete jungles and what's come online since which is you know the plaza and a couple other um office Towers you know has brought incredible amenities to especially the ground plane of the area you know it's become walkable it's become green and it's really elevated the lifestyle um before for example the the plaza came online I can tell you that our area was blighted area um that those properties were essentially abandoned and um there was no light there for a couple of years um so the crime was certainly you know an issue but we can I can confirm that since that happened since the the project came online Everything Has Changed um we do believe that this development of 130 alaria is just a continuation of developing you know responsibly bringing continued amenities to the neighborhood and it's really in keeping with you know the Garden City Vision of George Merk this park is respons POS development it will bring you know the green space that this neighborhood needs um its adjacency will be you know enjoyed by the the young families and everybody from you know all ages to walk and to continue the connection to downtown Coral Gables so um we are in support of the 130 Amaria development thank you thank you next person please R John do we have the individual there um it's showing here [Music] John not working is the gentleman still there arjon can you please unmute your computer can you ask some to send you a message if they're still there please yes last this is the last person who has their hand raised Aran do you wish to speak if you can um would you be able to unmute yourself are they able to text you to make sure they're still there yes I I chatted them okay he seems it looks like he's Frozen do that's the last person that you have on Zoom is that correct correct do you have anybody on the phone platform at all no okay I do not it seems like he got out of the zoom room maybe he's trying to loog maybe he's trying to um I've allowed everybody into the wait waiting room I'm allowing him in again Jennifer do we have somebody from it that can okay thank you can you can you un we're going to have somebody come up here from my and just take a look and make sure everybody can get in that's waiting to get in it's it's unmuted arjan would you like to speak you're unmuted okay yeah it's working now I guess yes could you please state your name and address for the record yeah sure good evening uh my name is arjon hit I'm a resident of 3100 gallano Court could you please raise your right hand to be sworn in do you do you the testimony about the should be the truth truth nothing but the truth yes please continue yeah good evening um yeah I just want to say a couple of things about this new project that they're starting in our neighborhood again uh we're just recovering from the plaza uh which is a very nice project we think uh the project that's being proposed right now I don't think it really fits in with what they're building right now if you compare it to the plaza and what uh what basically moris is proposing for his building uh it's it's it's it's very generic I think it doesn't really stand out it doesn't have very nice features architectural features uh so I I think it's it's it just doesn't fit in the neighborhood the other thing is of course we get another I think it's 160 units of apartments Apartments means renters nothing wrong with renters but we already have a lot of renters living in the plaza right now they are not as involved in the community as as homeowners uh they come and they go Mo most of them they come from Bickle they live it for a year they check it out and they move on again so the community fi is is slowly disappearing in the neighborhood which is really too bad I think you know that's something we is and then there's another thing and that's the traffic I walk my dogs a lot especially around the plaza I think the traffic situation is getting worse by the day uh just crossing uh streets it's just becoming dangerous first of all this is Miami so people really don't uh follow rules too well uh regarding traffic and then second of all it's very confusing what's happening around the plaza and I think that the new project is just going to add to the traffic situation we're having right now um then I would like to say another thing about the park which which really bothers me uh about three months ago there was a lady coming by well there there were two ladies coming by in a car and I was out in my front yard and and the lady got out of the car and she said hey can I ask you question I said yeah sure she said listen uh what do you prefer more a park or more highrise and more buildings I said well a park of course she says oh do you mind signing this letter then I'm like yeah sure I'll sign the letter for a part so she gives me the letter and I start reading the letter there is no mention over Park whatsoever in there it just saids I support the project they're proposing right now well I do not support it so I did not sign the letter I've talked to many neighbors of mine and I asked them hey did you sign the letter and they're like yeah yeah yeah we want to have Park I said well do you know you signed that you're in support of the project and they're like well I don't know is it so I said yeah did you read the letter well mostly nobody read the letter what's in there they just signed for it because they thought it was for park that's not really a good way of you know of gaining trust from your new neighbors I think that's a a very tricky way of of doing business it's it's it's it's I I won't call it h I wouldn't call it a scam or something but it's just it doesn't sit well you know if if you want to be part of the neighborhood just say what you want and be clear and don't come with with with with tricky ways of getting people's signatures uh so yeah I'm against the project and uh that's it thank you very much for your time thank you sir anybody else that you have on Zoom nobody nobody else with their raised hand um if anybody else on Zoom would wish to speak please raise your hand or ask them to send you a direct message please or send a direct message please nobody has nobody at all nope okay then at this point I'm going to go ahead and close it for public comment Mr Navaro thank you uh board members um I think you heard tonight from many that live very close to this project um Mr Mrs nef as well as few the others that came out of their busy day to join us um and Miss cavaret as well who are from that neighborhood I was talking to about that is the area that's in most proximity to uh our project uh some of the other residents and we understand that there's General concerns in cor Gables I'm a corable resident as well and I drive uh I live and work in Cor I also work in downtown and understand what traffic is um but this is your downtown it's the largest employment Hub that you have uh in the city you have uh new businesses opening up here which is fantastic for the area you have a lot of offices and big corporations coming down great for employment economic um uh increase in Miracle Mile especially which I think uh now has really come back after covid but one of the things that's missing in this area and we've always talked about it is residential and this application while we are talking about residential really this application is about height and where to put it uh that's essentially what our request is do we want to allow more height on this parcel in exchange for an open space so 12,500 ft open space in exchange for 44 fet in height and I'd like to just show an exhibit um I can you get access to this um just I'll put it up once it goes up but I wanted to just go through the height again because um I want to show you kind of where this building is and what's around it I mean essentially I think you heard from there's a lot of families with kids in this area and that it we could develop on all three Parcels what is the benefit to that what's the benefit to the community um you know I also want to clarify some of the way that our Outreach was was documented there I mean this has been literally since June of last year 10 months of talking and speaking to people as much as possible and sending mailers out and having individual meetings and when you explain this project to someone we could build on all three would you prefer to have a 12,500 ft Park in exchange for 44 ft of height in the middle of a block that we could build it next door and we're essentially just picking it up and moving it um people that live in that area are like yeah yes I would like that you heard from some other residents here which have the same general concerns that I would if I was in Coral Gables right if I you know as as a resident but they have they live in areas that are on the air side of University Drive that are served by Parks everybody should have Fair access to Parks so I just wanted to kind of this application is about height and open space and if you look at where we have proposed this project this is not near you know this is in your downtown in your commercial area part of my clicking this is the first option this is the second option you know same number of units same everything it's just a different design and in terms of relation to the height in the area and please pardon me for having to go through each slide um this is basically our context I mean look at the buildings around us we are literally you know 50 ft smaller than what's around us this is nonera work coming in and putting the height you have MX3 to our South we're in the heart of your downtown um and we think you know in comparing both of them this is really a project that delivers uh a great public benefit and has been thoughtfully designed and we hope to have your support as well um I'm here to answer any questions I'm sure the board will have them so as needed I'll be uh in the audience thank you very much course um Sue thank you thank you um hi Mr novaro um you know it was very interesting uh to hear the public comments tonight because even even before the public comments I said are we here to approve a park or are we here to approve a massive project and what followed was were comments from this audience uh but let me ask you something specific you said you had 80 people signing a petition MH uh and I asked Jennifer earlier via email today uh for all the people that showed up at your meetings their names their contact info their comments I never received those okay I never received uh any comments from the meetings I don't know who showed up at the meetings that you had now you're saying you have 80 people that signed a petition okay corre and I'd like to know what the question was that you asked and how you posed it to the people because I'm hearing a very disturbing thing from a resident that is one resident correct but well I know I know and but everybody could say what they want to say and they're on zoom and you can't ask them otherwise unfortunately right but I can tell you that I've been at all five of our meetings the first meeting was packed a lot of people I could tell you that a lot of people were not very happy because when you say I want to go from MX2 to MX3 when you're next to the plaza that's MX3 and 190 ft and provided very little public open space to anybody there except for hardscapes for restaurants which have some great restaurant but that meeting was packed and I could tell you that a lot of people left that meeting not happy and what we did was we sent mail notice back out again and had a second meeting and we continued this process explaining the project the same way I've explained it to you today that's exactly how we've said it this park is not about a massive development because this building is not at the max that it could be but it is about a park because either you could have a site that's fully constructed with arcades and concrete jungles like you've heard some of the residents say or you could have a project that says look instead of that I'm going to take 30% of my property and I'm going to make it into a public park and I'm only going to build on this and while other rezonings rezonings have a bad name but not every rezoning is the same it's location location location and what is the exchange for the rezoning in this case we're saying we want to go higher not to the max we want to be able to provide more height in order to provide a park and that's exactly how we explained it it's true do you want a taller building or do you would do you want a taller building with a park or two sort of tall buildings with no Mr Nar I understand I mean you had your presentation I appreciate it but it's like horse trading it's like and and it seems like in this horse trade we're getting the nag and you're getting the stallion because you're asking to blow through every single law that we currently have regarding development you want to blow through the comp plan you want to blow through the zoning code land use designation for Park so you want to violate our laws to give people a park that's much needed I agree with that how else would you do the zoning laws are not to be violated the zoning laws the comp plan is like the Constitution it changes over time that is not correct sir that that is not a living document that is a a a a static document okay you can interpret it any way you want I don't want to talk about Constitution I'm just saying this is horse trading G arai at understand this is horse trading gon aai we're seeing more projects coming in with oh it there's the project over here but it's really a park and what you did today was a presentation about us considering a park yes because the resoning is we are freeing up it's it's very simple you have lock coverage and open space requirements in your code you have height you have people that want Parks how are we going to achieve that okay if I'm in an MX lowrise area and I'm going up a bunch of feet like people do and I'm giving you a sliver of a park that's a s that's a different story here we're saying we have three development Parcels we're asking to rezone one and essentially building Less on both this is something that we're presenting for consideration the comp plan just so you know just one quick thing has to be updated every seven years they're called ear amendments suppos to evolve as the needs of the Comm excuse me one second I'm sorry uh Jennifer when was the last time that the craft section was upzoned what year of any small scale amendment I guess the last time it was approved was probably 2021 okay so we're talking about three years ago that entire section the whole zoning code changed for that section it was upzoned 3 years ago and now you're coming in and you want to blow past what we just rezoned three years ago oh I just want to clarify something no that was a small scale Amendment so what I'm talking about was the area um north of University um west of Salo and south of Catalonia that was originally single family single family high density actually and that was changed mx1 okay let me ask you this uh when was this property bought Mr Naro when was the property bought last year last year okay and you knew I'm assuming the owner knew what this was zoned for last year correct so what was the intention of buying it if you weren't going to build what was allowed so as this board has encouraged and has as I've been told to uh engage with the community which I think is important we started off with a completely different project however once we started speaking with residents their prefer for us was not to touch the gallano lot they are they wanted a buffer there they already have the plaza next door rather than us doing something with that property we were like okay let's think of something else and that's how we got to this point and just to clarify from a legal perspective because I want to put this on the record we're not blowing by any zoning codes or comp amendments your code has specific enumerated criteria that allows this board to decide whether it is appropriate under a case-by case basis in compliance with that criteria in order to rezone or not so people even like if I buy a house I like to do an expansion of my house I think it's small I have the right to apply for a Varian if I meet the criteria it's up to the board these are property rights we come in the idea is to try to make projects better and that's what we thought we were trying to do here and you're absolutely right it's up to this board to decide whether this is appropriate or not correct you know you know you know what mrar you had me at slide you had me at the slide that showed two buildings that are actually in code 97 ft you had me there yeah and then you showed the next slide and I said oh my God that is massive the mass the massiveness of that building that you showed on that second slide past the 97t buildings that you showed was incredulous and to say that every other building around us is higher well maybe those were mistakes no they're in in accord the there it's downtown this is what downtown has you're out of the CBD in this project are you correct across the street correct but we're still across the street does not mean you're in the CBD you're not in the C is that we can't we can't do this like this one person has to speak at a time and would you mind speaking in the microphone please so that you can hear I'm sitting right next to sue who's a board member and I can't hear her entire thought because Council keeps in of things like of law La if you could pleas be more respectful and let's if I was being disrespectful in any way I completely apologize all hear it of course no no no that was not my intent at all you felt that way I apologize I understand I understand and thank you Mr Paro um there are a couple of other things here I mean there are minor things that I had in here until I saw that depiction and now I I've had the purview of seeing this but when you showed that thing it's massive it's twice is I think one of the residents said it's twice as large as what's currently allowed if you're talking about 70 to 141 ft I think Miss Ki said that and it is it's you're asking for double what you're allowed right now I mean this board it's up to this board to decide I understand that but you're asking for double what's allowed and you're posing it as a park it's not a park I'm sorry I mean the city has an obligation to its residents to provide Parks that's not your obligation okay what you're trying to do is to appease residents who don't have that kind of Park situation downtown but what's the cost the cost is double the size of what you're allowed that's I have to say thank you if I could just respond for one com I apologize I just want to clarify that the existing zoning um and Mr B NOS think shaking his head is 70 feet by right as we call it which if you're over 20,000 Street nothing's by right but with Mediterranean bonus it goes up to 97 and the Gap that we are closing is between 97 and 144 so 141 141 sorry 44 ft of height I just want to clarify it's not necessarily double even though it depends on how you with bonus or without bonus and that's all thank you chip why um are you willing to donate the park to the city so that is something that we have definitely talked about I think we're still going through the through the uh so is it a yes or no we are getting a yes yes I've been uh I've been asked to work on that and that is our goal what we have right now is a covenant but the intent is to dedicate it uh this property like I was saying it's different because normally and and I've done Park projects before um I know you know that but I've done them this is completely independent so it's a much easier transaction to just say take these PL Lots they're not connected to us in any way um and and if you do that and this does go through I suggest you name the park and part of your agreement is that the name stays with the park so the city can't in the future name um just speaking from experience um with yeah I was going to name it after myself okay um number two on the on the uh showroom I know it is lock Showroom on the um AmTrust Bank of cor Gables whatever it was why not just leave it at the current zoning so I think it was one of those things that so we'd be happy to remove that that's a condition of the board to remove that it was almost like just kind of like rounding off the the piece right colors on a map there really is no practical reason to rezone that at all other than just to have the map kind of go around when this project is built right the whatever could be built on AmTrust is being built on this site and the other side as well so there will be nothing left to build but we would be 100% voluntarily excluding the AmTrust building from the resoning because practically there is no uh additional anything that we're getting from that resing and that's a great catch that neighbors brought up the the I guess the central business district goes down the middle of Alia right yes that's the southern border of it so um if if the Met if the if the central business district line was on the other side of Alia what would they be allowed to do I mean it has the same zoning and same land use I'm sorry has the same zoning and same land use so it but it does have uh tdrs and unlimited density true yes but as far as the building height doesn't really affect it it really doesn't affect it so so what is the argument for being in the central business district or not being in the Central Business generally the Central Business do have more height has more highrise inid rise than outside of the CBD but there is plenty of high rise that's south of the CBD line okay run I'm sorry run that by me again so so generally the CBD has most of the building height they have a lot of highrise and some mid-rise zoning except obviously for mirac mile is is low um so I think that's kind of justification that if they're next to CBD the CBD is thought to have higher taller buildings um but of course as we know there are many properties are south of the boundary of CBD that also highrise um what about the Covenant to to go MX3 but restrict the height to 141 ft H how did we resolve that is that with a deed to the title is that how that's done City attorney or how is that there a covenant there's a covenant that's proferred well we have a we're doing a comp plan Covenant and we're doing a there's two covenants involved and so how is one one is a covenant that uh relates to the comprehensive plan so any modification of a covenant that's part of the comprehensive plan has to go through a comprehensive plan Amendment so that's Covenant one the second Covenant is a zoning Covenant which is restricting the height based on the the uh resoning request and how is that removed if it wants to be removed what's the process to have that removed in the future do we have a apparently I have heard that they're going to provide in the Covenant super majority a super majority that it requires four fifths vote of the city commission City commission to modify the Covenant so that's what they're providing for any Covenant is subject to modification that's the limitations on Covenant but it requires the approval of the U uh City commission I just want to add something about petitions because I the the law in Florida is that zoning is not a picate so the fact that you have petitions is really not evidence whether to approve or not approve of an application it's really the evidence that's presented at the hearing from Witnesses so while the while the petitions might be interesting they're not really considered substantial competent evidence so I just want to advise the board of that because I know from time to time we we do get petitions but the real decision has to be based on on the evidence that's presented to the board and then and then one last question approximately where the I guess it would be on the the northeast corner that's not your property that's not your property the northeast corner of that lot just to the to the east of you the white office building are you talking about Lot number three no no the Northeast sorry no the Northeast is not our property right approximately what is the how many Lots is that is that for the middle of the block to the I believe I believe that is either five or six it's 125 ft 150 ft somewhere there yeah that's all I have thanks thank you Felix well I've got more questions and and I can think try to condense please you so first of all staff um Felix could you speak into the microphone pleas sorry is this on yes okay so the comprehensive land use plan is the ceiling it is not the zoning um restrictions therefore the zoning code that is just the way it is legally if not we would not have the zoning code I found it interesting that we have three separate Parcels that are not United in any way shape or form they don't connect anywhere they're completely separate that has not been brought up in the staff report but there is a calculation in the staff report that says that there is a total of 099 Acres that is a little misleading by staff because it's not a continuous contiguous part recently another application came before us and there was an alley vacation they own both sides of the the property on both sides but they were desperately trying to get that alley vacation to be able then to have enough square footage to go higher therefore I have another problem with the staff report and that is that was not clearly stated now just because I've maybe done one or two projects in my career doesn't mean that everyone that sits on this board would know that but I think staff is supposed to give us all the information so we make sure that we have a clear understanding both for the applicant and also for the residents for us to make the best response and proposal to either approve or deny the any application now chip showed a little bit of his age by referring to the Alia project in other words the AmTrust Bank which was previously designed as the bank of Coral Gables in 1983 there was a two-story building there which was the Box showroom that's why he referred to it as the showroom again show showing his age and that showroom was the builder of George Merck and it was designed by Phineas Pace it was designed 100 years ago and built in 1924 in 1983 unfortunately because they used salt and train sand there is no reinforcing Steel in it and when the bank of Coral Gables that was just going to do a remodeling they had to stop construction and the structural engineer deemed it unhabitable and could not be used and it was torn down with a condition that the style of architecture would Encompass this historic building that was built in 1924 and it was done in that what you have there now it's bigger but it definitely has the taste and the flavor and in fact that particular building then inspired the Mediterranean bonuses no other building in the city did that because this was commercial back then we already had the bank of Tokyo building and other brutalistic buildings in the downtown area that were commercial buildings and we also had glass boxes and people were getting sick and tired of that because we were losing the identity in the CBD area in other words the CBD area which terminated at on the north side of Al Maria this particular Street what I look at in the staff recommendation is that there's no mention that the applicant obtained from our previous historic director a letter stating that there was no value to that property and that it was not considered historic in his opinion he's no longer with the city and also that it never went to the historic board because of that particular letter that's there that letter gives the applicant the ability of tearing that building down and building anything that is allowed to be built on that particular parcel the other properties that is disturbing on this which was not delineated by staff is that there is an alley that runs behind both the properties that face El Maria and the properties that are on the that face the south side that's for emergency vehicles for trash collection and also some of those people are grandfathered in to be able to use it as an approach to park and come in from the back without having necessarily a cut in the in the sidewalk in the front that is not it was not clearly shown anywhere in the staff recommendation the staff report or in our packages the small RightWay of alaria is very different than the rway we have on pon pon is completely choked at this particular point from the plaza development the community feel that one of the residents testified that is being lost by these small parks that are now dotting the city and dotting developments in order to get more height is an absurdity I find disconcerning that staff recommended that there was a an approval met and that their the actual word was that the applicant was consistent with the land use plan in every single category my personal opinion is that I think that staff has a disconnect with the comprehensive land use plan has a disconnect with the existing zoning plan and that the change of land use is number one inappropriate number two being manipulated and number three inconsistent a change of land use is one thing but when you also then apply the zoning code the minimum square footage of lots and the frontage minimum Frontage requirements is a direct formula of the height that will be allowed currently with the M2 zoning on the property that has a total area of 15,000 square ft the applicant said that they would be allowed 97 ft that is the AmTrust building in looking at the MX2 they do not have on that parcel the square footage that they would need to get to that height in fact on the 152 building that building the AmTrust building only has 4,466 Square ft so when you go to your zoning code you're only allowed 45 ft with Med One bonuses five stories 63 feet and with level two Mediterranean bonuses you're allowed six stories 77 ft not 97 ft based on the lot size which is part of your code and staff should have said that staff did not say that how many people people on this board went through the time to try to understand and verify this I need to also say that when I looked at this particular application I think that they have it right in building in the center part where they currently have there a continuous contiguous 15,000 square ft with an M2 15 thou 15,000 square ft with MX2 would allow them to go 8 stories 97 ft not on the bank property not on the single family home property and by the way the single family home property is governed by zoning it's not covered by the land use the comprehens of land use is one thing but right now that's sown as a single family twostory maximum 35 ft High single family resident with one occupant I am very concerned that we need to get better information to make better decisions and again it's only fair to the applicant to the residents and to these board members that's all Mr chairman thank you sir can can I ask so can you walk me through the square footage of these pieces now that you calculated they were in the staff report it's 48,000 ft right right there were on in the staff report on page 11 right and under site information under Lots in your package right 2701 PS 8368 Alia 2,300 or I'm sorry 160 Al Maria 2933 right 152 Al Maria 4,466 130 Al Maria 15,000 even 103 Seva which is the park right 12,500 ft when you add all those Up 4 they give you that which is 99 ft if I could just clarify that cuz that one moment when you're done just one moment Mr novaro okay and so then the the actual parcel on aliria what you're saying is 19,000 there's no 19,000 I mean I'm adding I'm adding together I'm trying to add it together in my head here because I come up with more I come up with I come up with eight almost over 18,000 Square ft of that of that parcel that residential parcel and again the residential parcel you know we've said that with the m M2 you'd be able to go to the 97 ft which is with with the the two bonuses and and then that would give you 97 fet eight stories right okay okay yep so just to clarify in MX2 which I think is the question right there is no 20,000 ft column just the 10,000 ft column so they would I guess in theory combine both the property that's facing ponds and the property that they're developing so yes they would be able to reach the maximum 97 ft today in MX2 you have a 2500 square foot and a 10,000 foot I'm looking at your most current code okay so it was 15,000 the middle parel there is no middle one the middle one is an MX3 you're correct in MX3 they have right now MX2 yeah I think so the way that it was calculated because um and by the way I want to thank you for your history on the amess building side I was always trying to figure out why that building looks so different than everything else you see that was well it was a it was a Furniture Company yeah it it was it was the showroom whatever I was trying to figure it out actually but thank you um so the way that it was done was in the aggregate since both of these Parcels are owned and they're they treat the alley as uh basically contiguous you could combine them with a covenant in L of unity of title and aggregate the lot area to reach the height Mr chairman can I respond to the applicant because chip is actually it's Chip's coin here of course now go ahead all right I know what yeah I mean in my opinion great try the all the people that own property there have the right the UN unen unencumbered right to be able to use that alley as an example recently if you say I want you to abandon half of the alley because I own both sides continuously on both sides but then you have to be able to provide emergency service uh garbage service Etc such as what Mr codina is doing across from the post office today where he provided the ability as the Escape lane giving them the ability to still use that as if it was still the private alley yeah I think we've done that before for other projects where we vacated and then go over but in this that's when you're building over the alley all I was saying was the Covenant Lou and your uh City attorneys here but the Covenant loop from a zoning perspective allows a budding Parcels which could be on other side of a RightWay so when you add them together not closing the rideway you keep the road you lay Covenant and loot over the two it Aggregates the lot sizes which is how I I just want to correct you on something before you continue counselor and that is that the Covenant and you inl of unity of title is is not is it's a Miami day County document which was which was developed by Stanley PR a very fine land use attorney when he was an assistant County attorney for for Miami day County and and and the point is that it it's not a connection that you have physically right now right right now what you have is you you are uh you you are reaching Beyond any con contiguous part and and if these were Parcels that were platted that were contiguous then you can execute simply a Unity of title and that becomes the one parcel where your main building is going and that's fine but the problem here is that there is a mystery of how you get to the mix use component unless you do exactly what you're doing today because you're using the Bank building as a component of your mixed use use which is which is fine except it's not contiguous and there has been no abandonment of the alley yeah but for so the only thing I want to clarify cuz we I've done covenants in L in the city in the county um so what the Covenant in L does and if I'm explaining something that you know I'm sure I can just uh clarify the Covenant L holds the property for zoning purposes that that that's it it's an administrative document we work with the city I've used it to do parking across the street on similar properties right where you have Surplus parking that you have to have for that use all it does it allows you to aggregate the lot areas for development purposes that's what the Covenant and does have your City attorney here question well I think I understand both points your point is that you don't see it as really contiguous it's a legal fiction that has been created where they're combining the two properties together but it's not contiguous because there's an alley from a legal point of view because he's using a covenant in L of unity of title to to combine the two properties that's how he's accomplishing it but physically when you look at it uh you don't see it that way no M Mr attorney and you know that's all right I'm not smart enough to be an attorney but I will tell you something though that remote parking is very specific in our zoning code and it gives you distances and it tells you where and where where you can and where you cannot use it with the remote parking they could do that all day but as far as the contiguous they would have to replat they can't replat over an alley and have it contiguous and keep in mind that we had an application recently that came here that really ran into they they stub their toe what is the zoning code's definition of contiguous uh well so I want to go back to the very first question yeah um so in section 14-25 5.3 uh subsection e um there's a little carve out in this section of the code that talks about un tile and the rested Covenant in Li thereof um so it talks about if you dedicate a public park space it's within 1,00 ft of the development parcel and the park itself has to be at least 5,000 square ft that you can have find the actual worda that they can have an alley sorry I just had it there you could have an alley that splits the parcels basically so I've actually worked on that language so that language is intended for a situation such as this the I I I think the planning director I think that she has to clarify what she just said as far as half of the alley for what what happens to the people that are the office building that's immediately behind the park they get to use half of the alley half of a fire Tru half of a a garbage truck no no what I'm saying is that the lot the building site itself does not have to be contiguous doesn't have to be budding each other you can have a covenant to create a building site of separated Parcels that can be separated by an alley or a ride away or in this case I if if if that's the case I mean I've never seen this Mr attorney I've never seen this in the City of Coral Gables but I I do find that if we go down this slippery slope I think we're going to have a real problem in the future because now people could go into a into any block and Hopscotch uh platted Lots going around anywhere with an with a uh an alley and I I think you know not only do I think that the planning director is wrong I I I think that this is something that there has to be a very very careful uh legal opinion on that uh and and that is uh and and if the legal opinion sides with that I think that the the ordinance has to be changed and clarified okay so I can read the sentence itself under subsection e it the general requirement in subsection a subsection a is talking about the L and the the Covenant in L title sorry the Covenant in L of un a title it says the general requirement and sub ction a that Parcels be contiguous and ab budding for development located in mixed use districts shall not apply when a non-contiguous or non abutting parcel is dedicated for public park space and satisfies all the following as I said all the following includes within 1,000 ft a minimum square feet of 5,000 square ft and it has you know can't receive tdrs there's a bunch of little you know that that I understand that because it's it is the same verbiage that was used specifically Al for remote parking and it even has distances and everything else so what it's doing is it's accommodating that particular thing in this particular case it's accommodating the part but it's it's it's not it's not accommodating the aggregate use of for example the bank parcel and the other parcel because the park is not there it doesn't now allow you because you're donating a park within 500 ft for you to hop and and Hopscotch around the different platted Parcels in the block that's exactly what it's saying that's the way it was recruited as a t well I learned something new today and and that and I'm very happy about that but I've got to tell you something I have a real problem with the way that this was laid out it's it's not laid out properly and I think that that's quite the reach to be able to say that now you could you could have every other parcel if you wanted to and not have them contiguous that as long as the park provided that's the what that's what the code says when was that ordinance written I believe let me go down here uh August 24 2022 oh ordinance number 2022 d45 okay so the other thing that I was looking for was the definition of what a budding is and because we've had this a couple of times times yeah budding means share a property line or across an Alle or separated by an alley correct so a budding parcel under definition under the Cy uh City excuse me City Zoning code is means a means a parcel means Parcels of land which share a property line or are separated by an alley so you could have two Parcels separated by an alley and under the under the definition so that's considered a budding I know that this other more recent provision was I think designed to incentivize Park donations so and because it's a relatively recent code it might have been because I I recall this and it it does provide an incentive which I think does apply in this case as I understand it Mr attorney you just said that a previous project that came came before this board that was denied by this board I did it no no what I'm saying is what what you're just saying right now is that the alley big the alley vacation on that particular parcel M can be ignored no it's different because I I think I think I think they needed the alley vacation in order to determine bu over it yes to build over it another but they're not building over this alley but when they built over that alley they needed to vacate that alley no but they were they were having a square footage they I'm sorry they were having a square footage issue to be able to go vertical you just gave them the green light to be able to go vertical without vacating the island the they may have needed that as I recall I thought they needed the alley for the square footage of the alley I think that's was linear Square fo excuse me one second what I'd like to do is concentrate on this project because if not we're going to go down if not we're going to go down and not go through another project so did we come to the conclusion that they can count the square footage on the other side of the alley where the corner of the Alia and pones is part of the overall yes it's a budding square footage in order to calculate okay thank you when I what I'd like to do now is is ask Julio um Julio thank you um it's a tough sight and a tough pressure uh and it's at the edge of the downtown area it's not part of the CBD but you have the Plaza on the sou the SARS I'm concerned CBD ends at the plaza because that amount of square footage just basically move the geometric Center of downtown South fronting the the park um the city needs as much residential as we possibly can in the downtown area more commercial buildings are not necessarily right in the downtown area we need to maximize the amount of residential in the downtown area and we can hear from the residents that parks are desperately needed it's the fault of this city that we have not provided more parks in the CBD area it's we are at fault and there's something that we should do about it and this is an opportunity to do something about it um I understand the three Parcels I understand that they continuous contiguous because of the alley I am accepting that premise uh I don't the height doesn't bother me because you're next to the plaza which is much taller and you have other buildings in the CBD which are are taller than this anyways so to me it's a good project and uh there's no reason why we shouldn't approve it thank you Javier Jennifer you got a couple of questions uh among the comments that we got from uh from the residents was one about traffic was that traffic study required for this project there was not did they not meet the threshold of of more than 50 additional trips during PE time I just want to make sure that because that's a pretty low threshold 50 additional trips so we're not and the fact that it's live work is by definition a reduction in the amount of actual contribution to roadway traffic because the people who live and work in the same building are not getting in their car to to get to work just want I know it sounds stupid but I figure it's good we we just say that uh having resolved the issue of of continuity of the site through the through our discussion I see that this is a project that we're basically increasing the the Zoning for the housing in order to create enough chips on this site that when we turn it into a park we can move it onto this site to be able to build more parking if we look at these three sites there three piles of chips I like I like to make really dumb analogies but it's one that that that helps my limited brain work we've got so many chips on PS with an existing building which the owner has profer that he's going to keep so we're going to take those extra chips and put them over here and then we're going to increase the zoning here to increase our chips to be able to do this to be able to count for the fact that the Zoning for the housing is limited and we're going to have a little bit more chips but we're going to give that land to the city and we're going to put all our chips in the middle as away from the the main uh drag as possible to limit the impact it's still below the height of the plaza it is at or below more many of the projects in and around it that have already been and some of these buildings are old that have been built uh in the '90s in 2000s and it's under those so I think and I agree with guy with with my uh fellow board member gravier that that when we approve the plaza in its latest form the the the center of gravity of the CBD has been moved and it's created that Gap in aliria in the CBD which is going to which is partially going to be filled by this project the only real ask here is a an indirect from this board of Architects so stop me if I'm wrong in anything because of the overhang issue which is nine 10 stories up above correct so it's not going to limit traffic or anything it's just a shading issue and it's only at noon when the sun is directly overhead it's the only place that's going to actually create any shade outside of the uh outside of its footprint uh it's because it's on the north side of the street it's not really shading anything on the south so the impact from that point of view is limited now the next developer when he comes to the southide side of that block and wants to assemble that property and then build it up I'm sure we're going to hear from Mr nar's owners about the shading and the loss of visibility but that's part and parcel of development in every city I've ever worked in before in my life so am I understanding this project correctly that pretty much sums it up I think okay so that's what we're looking at doing and the applicant has proferred that he's going to give the City of Coral Gables the deed for property is that official that's official all right in lie of our approval that's the caveat that's the trade that's the chips yep all right so therefore if that is the case that we're going to city of corate was going to gain 12,500 ft of free park in downtown yep for the development of this project in the middle of the block I don't see why I wouldn't approve our commitment is to give this part to the city all right but it's with those conditions yes that condition that we added yep actually chip at it credit where credit is due we're actually deeing it to the residents of the area it's going to be for their use a technical point of it's a voluntary profer from the applicant to give it to the city it's not actually something that we're able to condition but it's something that he's voluntary a condition he just agre to in public at this meeting he agreed he actually he he didn't agree to it he volunt volunteered yeah the and he asked his client his client said yes okay that looks like an agreement to me it's all good why don't we just call things what they are instead of getting into the complexity of well because there's some legal jum understood but I like to make it simple for the people at any rate Fair that's it thank you um thank you I've got a couple of questions if I may um Jennifer there's been mentioned about the property where the park is that it's a single family high density I understand that across the street where the single family homes are that single family across the street gallano and I've sat on the board many many times through zoning rewrites uh when we did with Charlie seamons the last zoning rewrite um there were actually Javier sat with me on the board during the the the rewrite just to clarify it's the land use of the nation not the zoning understood why is this property Zone single family where it is it does to me it doesn't make sense at all that this property is it it why is it that way just this specific parcel in that block or in that area so actually if you look back to was earlier um the craft section area we call the craft section but the area that is west of Salo south of Catalonia north of University those three blocks um that actually used to be single family high density as well that was changed to mx1 commercial mid lowrise um land use right I understand that area but this one property or one parcel the 12,000 square foot doesn't sit in that area in other words it's not adjacent so I mean is this something that has been looked over yeah so actually the property is to the east of it that whole block of of seevilla um also um single family high density as well right so the rest of this block looking through past um report past uh Maps um it used to go all the way kind of almost touching the properties that are facing Pont Leon um it looked like it came up around the late 1980s as before was called residential high density now it's called a family high density the intent of it was really to create detached tow houses or patio homes um that obviously wasn't really ever built the zoning unfortunately didn't allow that because the zoning had single family detached housing property just 12,000 foot I'm not talking about the other side of gallano I'm only talking about this 12,000 foot to me it stands out 50 ft to the east correct not owned by them I mean stands surface like a sore thumb like it shouldn't even be Zone that to be honest with you um the other question that I have is for Mr novaro you've gone through the board of Architects yes and from what I saw in your presentation you went through three times went through the board three times 2023 yes and when you go through the board of Architects with this project are you do you see the entire board or do you see uh let's say a group of three and so forth no for uh for this particular project the project of um of this size we get the full board before the full Board of the board of Architects okay so you we went on three separate occasions before the full board uh and we obtained approval on our third try they obviously had comments throughout each phase which we addressed and we were able to properly address them at conclusion okay and you've also talked about the fact that you've changed the bottom floor from commercial to work live can you just give me an explanation why you decided to do that sure so you know obviously in the downtown area we wanted to have retail um as part of um some of our workshops there was concerned with obviously the amount of commercial that's on the Plaza um retail people during the day coming in and out so the idea was to create a more uh tranquil environment with live works so you'll have your architect attorney professionals that could have a small office there right now postco you know it's the thing that many people do and also live there so it's a much more uh low traffic generator and that's why we changed it it was really in response to the to the resident comments okay I think H would prefer to have retail but also you spoke about maintaining what is the AmTrust building so now we're not going to look at that as an MX3 correct yeah so um as part if this um item was to move forward with a a recommendation uh we would voluntarily profer to uh have a condition that would remove the ESS building from the MX3 request uh because that building is not going any taller or changing in any way than what it is today okay um I've listened to the testimony of all the speakers that have spoken tonight um to me what caught me the most was the people that lived adjacent to this property whether it's right across the street from gallano or directly there not other residents from Coral Gables those residents were all emphatic about a park and how that would change their quality of life and if I recall in the last meeting we had or if it was the Public's meeting maybe even there was a discussion about who should own the park whether it should be the developer or it should be the the city I feel that the city should own the park that's my feeling and the fact to me that you are working with the city for them to have the park I like the fact that it's an active Park meaning you're going to have equipment and so forth for the children that live in the area is a bonus you know you're not just creating a dog park I it's got I have I I love dog pars I have a dog as well but the fact it's not just somebody can come and sit in the shade or in a bench and read a book the fact that it's actually an active Park I mean I was a long time in the Parson Recreation uh board and the fact that people that live there will have as I said before an active part means a great deal to me um and I understand that I have a fellow board member that is questioning as far as how you get to your square footage and so forth but I have to take at face value what the planning department says and what our legal staff on the Das says to make that determination obviously it's something that I think the city is going to have to work with you to clarify it but to me um the fact that you're 141 fet but you're not adding on the corner and you're not and you're giving that Park and you're between in the CBD it's about 197 ft and then to the South it's a p that's 200 feet and you're at 141 ft I share what uh Javier has said about that and also Julio it's really a fit if you tell me that you're doing this project somewhere else you know i' have concerns um those are really my comments everybody having made a comment does anybody want to make a motion uh on on this we have we would need three separate motions yeah we we have yeah we need a motion on uh we need a motion on E1 which is the uh comp plan Amendment okay anybody like to make a motion on on E1 the comp plan amendment I move we have a motion uh by Julio I'll second it we have a second by jaier accordance with Department recommendations accordance with the recommendations yes yes um we have a first we have a second can I comment yes yes um I'm um I want to put on the record that we are three members of this board that are arbitrarily in subjectively moving the CBD boundary that's what this vote is about I want to put that on the record I would disagree with you but that is your choice uh Mr chairman yes um there's again something disturbing in the things that we were given can staff please put up well page nine which is which is directly will affect this change of the comprehensive land use plan we were given in staff's recommendation in staff's packet rather an aerial photograph that has no Shadow to the north no Shadow because the building had been raised and nothing had been built yet but in the applicant to their credit in their aerial photograph which is page nine of 134 pages of their application it shows clearly that more than half of the block is completely in shade and the reason that that's important during this motion which we can discuss is because there you could see that additional height and how it affects the part that's being proposed and everything else and that's why I am requesting that it be put up there because page 9 134 has a shadow that was not in staff's report which I found very disturbing I understand but we all did get to take a look at the applicant report no but Mr chairman right now we're discussing a motion to approve additional height based on something much has been said about the shadow nothing has been shown up there where the public can see it this packet may be available to the public if they're Savvy enough to see the difference between the actual condition that's there and not I I really think it's a disservice Jennifer did you did you show that in your presentation maybe the one of the can you just can you just put it up please it's page nine of the applicants report oh can you pull that up screen for the sake of time when is the when is the capture of the cering of the park and the proffering of keeping it makes too when when is that when do they do the covenants no no when is that part of the motion is that part of the motion that is made the condition the condition well we it's really in we can do as part of the motion acceptance of the profer Covenant in E1 uh for uh which limits the height of the building in um for E1 and in E2 the acceptance of that profited Covenant and also I was going to say the removal on E1 of the request for X3 for and Commercial highrise on the pond parcel that I thought that was in the I thought that was on the rezoning it's on both it's on both so so it's a also a uh approval of a request to withdraw so in E1 it's what what are we withdrawing the change in the comp plan for which parcel for 2701 PS I think would be easier than giv 2701 PS which is labeled partiel one yeah partial one paral one oh so it's withdraw the request of partial one yeah on items E1 and I think E2 and and item E2 okay and that is okay with you well we are only got a motion on E1 so we're getting ahead of ourselves but but we'll be ready okay okay do we have uh up there what Mr Paro asked for you that's it in fact that's not even the one that's in the applicant's report that's the Shadow from the plaza oh no no that's the plaza this is what we have in our report that goes all the way to the park they just Googled something there which at 4: Shadow is going to move during the day exactly it's going to move during the day as long as you have half a day of Sun at the park it will grow see any Shadow is going to keep moving he's right I understand that but what I'm saying is you know you're you're you're accepting the height there's been much said that you know Shadow is not a problem when you get to this height that Park is completely in Shadow completely in Shadow this is midday it was in our packet I I'm just trying to see you know if they could just simply put what was on the applicants submitt since staff didn't give us the right information to look at in their component it's in the applicants and and this is not the first time that this has happened with a photographs I mean for God's sake this is something that we just need to have the evidence to be able to discuss it em this is this is page nine of the applicant sub midle if you could put it up on the screen please yeah there you go that looks a little overwhelming to me isn't it in their project information sheet that we got that that no no sir the one that they can you put up the one that staff put up in their and and where's that where's that shadow froma this this is staff's presentation this is what's in our staff report and this the applicant and then could the PowerPoint that I had earlier it's one of the first slides that shows an aeriel it's no Shadow but wasn't that a mass weren't you showing the projects there no the the project was scarified before they started constru okay um we have a motion we have a second are we able to get that up yeah so the location map shows the shadow now it's now it's on the west side and that was in your probably in the morning that was in your presentation yes okay correct so just to clear the motion motion is for approval in accordance with the Department's recommendation withdrawal of partiel one from the is it identified in the in the title as partial one I don't think so yeah I I I'm going to say 2701 ponon AV that's specifically that address okay so right and acceptance of the Propet Covenant okay that's the motion that's a motion with a second Emily will you call the RO please Julio Gabriel yes Felix Paro no chip withs yes Sue kerski no Javier Salman yes AB IAT yes moving on to E2 please okay e E2 again is the withdrawal of the 271 Pon the Leon Boulevard request acceptance of the proferred Covenant um oh and I guess one is the acceptance of the proferred Covenant that there if the city's willing to accept it the uh acceptance of the ownership of the Park yeah I think what we're going to do and and I defer to you legally on this but we will be modifying that Covenant that we're voluntarily offering as part of this process to provide for the dedication of the park to the city so be part of the zoning Covenant and may I suggest named Park as Mr Withers has asked I was I was being if you want toip chips Park withers's Park it's going to be withers's Park no no no but but as yeah I think you should have the neighbors do a contest to name it yeah a dunk tank all right do we have a motion on E2 so move Julio makes a second any discussion on it no call the role please Sue kerski no Felix Paro no Javier Salman yes chip wethers yes Julio Gabriel yes a I st yes and E3 please E3 is a mix use site plan yes do we need to amend it no I don't think we need to amend it's the site plan we don't need it we just need the site plan there's already conditions on this uh for that approval correct because it and uh because it's a conditional use is there a motion for E3 I do I move Julio move that would be in accordance with Department recommendations with staff recommendations is there a second I'll second it Mr Withers second any discussion no call the rooll please chip Withers yes Javier Salman yes Felix Paro no Sue kosi no Julio grien yes AV IAT yes thank you thank you so much I appreciate it um just uh want to point out the next meeting date is April what is it I'm looking for it has it change no just one I like April 10th is the next meeting date is that correct Jennifer that's it hasn't changed right it's what's on the agenda thank you very much everybody for coming uh is there a motion to adjourn Julio moves we have a second all in favor say I I I thank you everybody e e e e