the broadcast is now starting all attendees are in listen only mode good evening we call this meeting to order today is Wednesday April 24th and it is our Council zoning meeting the time is now 6:19 p.m. Madame clerk please call the rle council Mar here Council Rafa P councilwoman dinal vice mayor Oscar mayor chrisy Fraga pres mayor please rise for the Pledge of Allegiance L by vice mayor pu Cor stes for if you'll bow your heads while lead us in invocation dear God we're thankful for this day that you have given us for its blessings its opportunities and its challenges may we appreciate and use each day that comes to us we pray for strength and guidance may we be challenged to give our best always and may we be assured of your presence with us amen okay uh agenda order of business is there any additions deletions Deputy city manager no okay in that case we will now move on to public comments the public comments portion of this meeting is now open if anyone would like to give their comments on anything gerine to this Council or to this uh meeting please do so now you have three minutes to speak no okay I think I think maybe oh okay okay his name is he lives inal in the microphone please his name is publio Martins and he lives in Dural from 13 years ago he's coming in support of the project on 107th and 41st he believes is going to bring many good things to the city of [Music] so he's very happy with the amount of development in the city of Dural things like the cultural Affairs um facility the um parks and many other good things and he thinks this will be a great addition to D um especially because the closest uh facility of the kind that he's speaking about he says is 18 miles away and with the traffic in Miami Dade County it would be burdensome to continue to make our residents travel that far he believes that the quality of a um a retail facility like Whole Foods will attract uh greater quality uh of restaurants and other retail facilities and given the socioeconomic status of derell he believes it would be very good for our city thank you he feels it's really important for the city of Dell that's why he's here to support the project thank you gracias okay um I have a card from Mr Pier chist is this for a certain item Mr Christ you want to come now okay one for the other one good afternoon P CH 10254 Norwest 5502 line throughout D FL at 33178 uh good afternoon mayor um Council and administration I want to thank again the effort that were putting to do the workshops this last Wednesday I attended a workshop for three applicants for projects that I will come to you I insist on my request that you as council members request to have the transcript of the comments that were shared during those workshops to better complement on your decision or questions that you may have once you get conversation oneon-one with the uh Property Owners or projects that you have or for your further discussion I think it's the only value if it's enrich you on doing the decision whatever your decision is to supplement the information on concerns that we have there um I also do have a comment specific to one project project so we'll come back when that is being read and uh thanks for supporting earthday we have a nice celebration last week and I see there's no more plastic bottles thank you very much the next level will be to use the bottling plant that is exactly behind City Hall instead of having those cans coming from an nor state will support a local botling company so hopefully someone may look into that thank you thank you Mr Price any other public comments at this time this is your opportunity okay being none public comments is closed Madam clerk like the right reflect that no one else chose chosen to speak at this time we'll now move into the public hearings Madam clerk would you please swear in the witnesses if you'll be presenting testimoni in any of the items in the agenda for tonight please stand up raise your right hand and repeat after me I do solemnly swear or affirm that the information that I'm about to present shall be the truth or nothing but the truth thank you very much first item item 6A a resolution of the mayor on the city council of the city of dado Florida approving SL denying a one a variance from section 77-15 A1 of the city's Land Development code to permit 249 parking spaces of the 488 parking spaces lengths of 18 ft in Lo of the 19 foot minimum and to permit 87 parking spaces other 488 parking spaces to be compact spaces of 16 ft and parking stall length and 8T in width which is a reduction of 1 foot from the 9 ft required by code two a variance from section 77193 32d and section 71- 2133 of the city's Land Development code for parking low landscape strip reduction of four parallel roll parking stalls adjacent and perpendicular to the primary grocery building from 7.5 to0 for the property located on the southwest corner of the intersection of Northwest 41st Street and Northwest 107th Avenue of Dalal Florida as legally described in exhibit a providing for an effective date this was deferred from the March 20th Council zoning meeting thank you very much Madam clerk um we're going to take expart communication at this time and then I will open up for public hearing for this item and then we'll take staff is there any expar communication I've spoken to the applicant and that has not influenced my decision thank you I've spoken to the applicant will not affect my decision thank you vice mayor same I also have um meet with them that will not impact my decision thank you councilwoman mayor I also met with the applicant and that won't affect my decision either thank you um I too have met with the applicant and it will not affect my decision we'll Now open up public hearings for item 24545 Mr Pier chist thank you very much again Pier CH 10254 nor 50 3178 um Mr mayor council member U City attorney if I don't City attorney may I have your attention please thank you very much because this will be a question that I would like you to through you or answer when you have the discussion I understand this is a very principally on the parking uh spot Dimension and quantity of those because a specific tenant requires that in order to close a contract my question I would like you to discuss or ask is if where or when the tenant decid to leave for whatever reason can this concession be reverted and unmaintained because the new tenant does not require so that means make it attached to contingent to this particular tenant that has the specific requ requirements to be maintained and if the particular company decides for whatever reason to leave revert that concession thank you very much thank you Mr Pierre any other public comments at this time being none public comments is now closed Madam clerk please let the record reflect no one else has chosen to speak at this time and we'll now hear from staff can we te up the presentation I thank you good evening mayor and Council Michelle Lopez interim planning direct interim Planning and Zoning director the applicant toal Marketplace LLC is requesting two variances uh this evening one for the reduction of parking stall size and the other for reduction of the Landscaping strip in connection with with their proposed development Dural Marketplace retail Center the site is approximately 10.6 Acres located at the southwest corner of Northwest 41st Street and Northwest 107th Avenue the property is zoned business district with the future land use map designation of commercial Corridor the site is surrounded by compatible uses which include commercial retail eating establishments Banking and pharmacy to the North Industrial uses such as logist Logistics and commercial retail to the South eating establishments gas station and office to the East and walkways private parks and Open Spaces to the West a visual of the site plan is provided as referenced uh and has been distributed or is going to be distributed by the city clerk um to better talk through the request this evening the first of the two variants requests is for parking a reduction in the parking stall Dimensions pursuant to city code section 771 185 A1 Park uh standard parking spaces shall be a minimum of 9 ft wide by 19 ft long through their site plan the applicant is requesting a total of 488 parking spaces where the city code only requires a total of 354 parking spaces for the proposed development parking space calculations are based on square footages and uses uh per the city code the applicant seeks an additional 134 parking spaces above the codified minimum standards of the 488 parking spaces proposed the applicant is seeking to reduce the parking Dimension from 9 by1 19 to 9 by8 effectively this is a 1ot reduction in the parking stall length uh for approximately 51% of the total proposed parking spaces the applicant is also seeking through their parking variants uh a request to further reduce 87 of the 488 proposed parking spaces from 9x19 to 8 by 16 for approximately 177% of the parking spaces throughout the request is a 1 foot reduction in width and a 3ft reduction in length these spaces are intended for compact vehicles and would be labeled as compact a total of 152 spaces are proposed as 9x19 in dimension which is the city standard the second variants proposed is to city code section 77 19932 D where the city code requires a 7 1/2t landscape strip throughout the parking areas the applicant is requesting removal of the landscape strips in the parking area fronting the proposed osed grocer other areas of the parking are not affected by the requested variance in order to mitigate the variances requested the applicant has proferred the following commitments installation of tree islands where the landscape strips are required by code the tree diamonds uh provide the landscape beautification desired as well as shading from Elements which would lower the heat island effects in the parking area installation of two- shade trellises along designated walkways installation of perious pavers that are designed for drainage so as not to negatively affect or impact storm water drainage and percolation in the parking areas installation of a 4ft decorative wall in combination with heavy landscaping fronting Dural Boulevard in order to Shield the the proposed parking facing the street Edge and finally parking spaces designated for electrical vehicle charging shall be located in the standard 9x19 parking stalls I don't know what just happened staff recommends consideration of the proposed parking variances and the landscape strict variance while the proposed variances do not meet the hardship criteria as established in city code section 53- 468b staff finds the mitigation proferred improves imp impacts created by the variance requests if the proposed variances are approved by the council staff recommends that the proferred mitigation be incorporated as conditions of approval the applicant is present and has prepared a presentation if the council desires thank you thank you uh we'll now hear from the applicant if they so choose good evening mayor and Council Benjamin Hedrick uh attorney for the applicant to Marketplace LLC my address is 98 soueast 7th Street s 1100 Miami Florida 33131 um we have no objections or comments to the staff report uh we sincerely appreciate staff's effort in working with us in this project um we do have a full presentation prepared if the council would like it um so that said I'll leave it up to the council okay we'll open up for discussion at this time any comments or questions from my colleagues would you like to hear the presentation I would like to see a presentation just so we we can keep in the record for our residents too even though I know that you did the workshop and all of that but I think of course it will be important to have it also here it's our pleasure okay Mr Hendrick sure I thank you just give me one second here I would note that with me are uh principles of the applicant Dural Marketplace LLC as well as our engineering design team for any questions that may come up so this is the Dural Marketplace project uh it's located on approximately 10.03 Acres at the southwest corner of Northwest 41st Street and Northwest 107th Avenue what's being proposed there's the location right there i' like to just take a minute to review the site plan um the site plan calls for about 88,000 square feet of retail and restaurant space the primary anchor is a national organic grocery in about a 40,000 foot building on the east side of the site at the corner of Northwest 44th and 100 107th the parking area is in the middle there are three other retail buildings that will be mixed of restaurants and general retail Baye and on the far east as far west side is about a 5,000 foot quick service restaurant um I I think something that I'd like to focus on are the public frontages both on Northwest 41st and Northwest 107th so if you look at Northwest 41st we are subject to the derivable of our master plan on that Frontage and we are fully complying and will be fuling compliant with that when the site plan if if the variances are approved by the council when the site plan uh would come before the council at a later date we are actually going above the master plan requirements in terms of landscaping um most notably when you see that row of parking up at the up at the North Corner uh right by the main grocery tenant building there is extra Landscaping there and extra screening as the plan director noted we are profing a uh 4ot High to cour of masonry wall to do further screening so as you are a pedestrian or a vehicle traveling down 41st Street this will be a very Lusty landscape site um it will essentially not have any views into the parking lot whatsoever I'd also like to know that there's a 10-ft Meandering sidewalk proposed for for the uh for the northwest 41st Street Frontage with three pedestrian plazas some much of which will be shaded and another pedestrian Plaza proposed and full Landscaping on the east side on the northwest 107th Avenue Frontage so all in all we think it's going to be a beautiful project and a great addition of the community and we'll have substantial pedestrian amenities that are that are needed in that area of the city here we have uh some renderings prepared looking Southwest um that's the main tenant building right there and you can see the Landscaping rendered the main tenant building will have a Col as well as an outdoor Plaza and ballards that protect pedestrians on that street corner from traffic going back and forth on the Avenue in the street and the boulevard here another sort of iteration of that rendering uh looking Westward along Northwest 41st Street and again this this project is a 10.03 Acre Site it's it's was originally part of a larger 170 acre 175 Acres site that's being developed directly to South with a a large Warehouse project and as part of that large ler Warehouse project there is a about a 16 acre storm water retention area just to the West that is also going to be landscaped and has a pedestrian path going all the way around it so this Doral Marketplace project people who are visiting and working there will have direct access not only to the Landscaping on the frontages but also to that private recreational amenity that's going to be right next door and maintained by the Property Owners Association and here we just have a little bit of detail about some of the pedestrian elements we're proposing on on the on the on the boulevard you can see the these are three areas where we have pedestrian plazas essentially stops for someone walking or biking down the Boulevard in the summer months it can obviously get pretty hot in Dural and everywhere else in Miami so it'll be a a very welcome relief for someone to be able to sit down and shade and and take a break while they're walking and here we have a couple examples of conceptual elevations what the buildings will look like um if developed and I'll go back so with that said I'd like to stop here here and I'd like to call up Jeff Garrison who's a principal of developer and also our civil engineer Peter Avan Ren who they can just very briefly discuss why the variances are needed in the context of the site and how we're mitigating it which were mentioned by the plan director but just for the record I'd like them to say it good evening my name is Jeff Garrison I live at 5584 uh Lake Island Drive in Sandy Springs Georgia 30327 um it's a pleasure to be here with you this has been an effort uh that has uh really been uh a dual effort uh this is not a plan that we came and said this is what we're doing this is a plan that has morphed almost 47 times now and that's officially on the record 47 times so this has been a a true work of compromise and we appreciate it this is uh our 27th project with this client all of them include a similar if not exactly uh the same ratio meaning a 5:1 ratio above what is required but we do sort of use the the outskirts of the parking to do some overhang parking and we consider that especially for a high velocity high impact retailer like the one that we're bringing so we appreciate uh the time and effort that the staff and the uh everyone has put in we think the project at the end of the day is actually better than it was when we when we started so we appreciate that and uh we hope that we can have your support thank you mayor vice mayor councel folk uh Peter Van Ren kimley horn and Associates ver Beach Florida civil engineer on the project I just want to hit a couple technical points on uh really some of the challenges that led to the variants in the site plan if you obviously look at it it's uh very narrow in depth we got about 350 feet and about 1250 ft wide so it's really an oblong shape the tenant major tenant a takes up about 305 ft of that 350 feet so combining that with a 40 foot buffer on 41st um it presented a lot of challenges uh to kind of meet the criteria of the city and kind of led to some of the variances we had before you today just to um really hit a few brief points on the parking and Landscape so the the the smaller compact spaces are actually slightly wider than your what you allow is compact in your downtown Dr Art District uh that code allows a 7 and a half foot width we provide 8 foot width so we've looked at the par the parking from a operational standpoint um and don't have a concern with with parking the major uh element is the backup width you have to have that 24t backup Drive aisle to to Really access those spaces and we provide that everywhere some places it's 28 on the site the Landscaping um as was mentioned uh really there's no loss of trees uh in in the parking lot from the reduction of the landscape uh wids through there uh we' ride tree Islands everywhere there's a 5x5 tree island everywhere there's supposed to be a tree per code really for a heat island effect it's the shade and the trees that really um are important through there but even to offset the um the loss of landscaping we provided the prvious pavers which are about four times the amount of landscaping you would have had so four times the area that you would have had by uh the Landscaping there the papers serve a dual purpose one it's it's it's allowing water to infiltrate into the ground so there's less storm water runoff and better storm water treatment on the site even that it had and it already had net code and exceeded code so now we're just making that more above and beyond um and two it'll actually provide water to the trees allowing them to to um further grow U we've also provided special soils in the landscape uh diamonds to uh further the growth of those trees in in a smaller area so uh we really paid attention to try to mitigate uh these items technically so here to answer any questions thank you Jeff and Peter um I think that concludes our presentation our team's available for any questions and we would respectfully request that the city council approve the variances thank you thank you very much any yes councilman Pino thank you mayor uh well first of all I want to thanks the the applicant for uh for having and working with the city for all these months I also want to thanks our staff and I certainly you know want to give some credit to our former planning and sing director Julian Perez because and when we started these conversations back in January is what you exactly said I mean it's a it's a much better proposed side that well what it was presented back in January so it's a great project I mean I say I say it I said it from the beginning uh you know we have residents waiting for Whole Food to be open in the R so but more than that we wanted to make sure that it was the the the best outcome for for the residents especially when we were talking about the parking spaces and all that so uh again I just want to say thank you for for working with us working with the staff and and again I look forward to certainly welcoming U not only Hood but all the opportunities are going to come available in that section so having said that I I moved the the motion to approve you have a motion to approve by by councilman Pino have a second second second by vice mayor P Corbin we have a comment by Council hi um I know that when we have our meeting on the first variants actually there were many things that really worries me and I know that I expressed that when we met and um especially when it comes to the storm water and sure definitely the parking and the uh all the Landscaping because our city want to keep it green as much as possible I'm glad that you have committed and work with us and like yesterday I also expressed to you my concern when it comes to the parking because I firsthand have experienced it and other institution that I have I've been part of and they have those very small uh parkings and how much uh trouble sometimes you know happen but I want to thank also Frank and the public works department because they actually this morning I asked them so you know I'm a neuroscientist I'm not a architect or engineer and he actually marked one of our parking spaces so I can visually and thank you for sharing to the rest of the council so they will have a better understand understanding on how is it the reduction will look like and what type of car will fit sure it will be like a Fiat or mean smart cars are not there anymore but I don't think so I haven't seen one in a long time so um but I do understand that uh having a whole food me in my case knowing that it's something that's a need in the community and also the type of products organic that they also offered uh are very beneficial for our residents but but um the soil was really important also when you mentioned that and the type of papers that we'll be able to absorb and also it's part of a greaten Initiative for for us to keep our vision in our city so by that I also thank you for working with our city and trying to come into a middle point for us to be able to have uh that type of establishment here in our city thank you councilwoman cabal any other comments I I do have a question real quick um in the number of parking spaces that you're going over I know I think they said 87 of them are what we would consider compact although they're still a foot wider than what we consider compact in our code however those 87 parking spaces are not all in one section correct that's correct Peter they're spread over the site I I'll let our engineer answer that question yeah I don't if we can pull the plan back up but they are we have it in front of us but yeah they're on the perimeter mostly so uh in front of the uh Eastern retail tenant they're really on the North Side Up Against The Boulevard and the South Side um then I just want to make sure that they're evenly spread out because it's hard to see them in the actual site plan but that they're evenly spread out throughout the entire parking Fields so that you know it's it's more likely to have 177% of smaller vehicles throughout the site versus in just one area yeah they're really the perimeter on the south side and then the uh west side in front of some of the shops so right and we tried to avoid them in the center sections right so when you back up you're not over you're not crossing over the sidewalk right there on the edge perfect um you know I think it's rare where you find people complaining about more parking you find the find the complaint that there's always not enough parking I think the biggest concern here was uh the size of those those spots so I think that through the work and Renditions that have been made to meet the needs of the city and the intent of what our code requires um I think it was handled rather well while I think variances are tried are we try to avoid them as much as possible understanding we are not in the industry that that your large retailer is in and possibly understands the market better than we do when it comes to the needs um therefore I think that one of the other concerns originally from the site plan was that some of those compact spots were in the EV and with the technology of EV being on the stall it could also make it even more compact where's that taken care of yeah so we relocate we took that comment into account we relocated the um spaces out of the EV they are located in some of the 9 by 18 there's four in front of the large retail tenant kind of on the south side and the rest no EV and compact spaces correct okay so there is no okay because there was a concern that when you put the tech the the charging stations it made it even more compact that's correct yeah we've taken them out okay and then the second the the other variance that you're asking for is a 7 foot um I don't know the exact terminology of of of it I don't know if we can p that back the 7.5 um to zero of the of the Landscaping buffer which is on the on the on the on the south side of the it's yeah you want to address it it's uh the second variance is there are me when you have rows of parking right in the middle in the middle there's a 7.5 foot requirement but that it wasn't everywhere that that was taken out that's correct the whole site complies with that except for the four rows that in front of the whole foods and that's where we replace them with the tree diamonds and the perious p uh perious parking spaces and the walkway with the shade trellises right that's what I wanted to point out that it really it was not the entire site where that was reduced it was just in that area to accommodate for the additional parking spots that the retailer is asking for correct that's correct okay I just wanted to make sure that that was clearly put on the record um thank you for working with the city and for you I know was a lot of back and forth um but our intent is definitely to protect our Dal Master Boulevard I think you guys did that well um while still still being able to consider the request of the of your of your anchor tenant so we look forward to being able to see this development um take shape and bring new amenities to our community so thank you very much any other comments okay we will take the role I just have one one question uh a peer question I think that is uh valid and I really would like to know an answer uh to his question about the land so I I want to make sure we're not conditioning our our um no no but I just want to know as as the as information I just wanted to understand from our zoning director or I don't know if you can answer that if I may I just want to make sure we're not conditioning our vote but if you could please address the comment I would really appreciate it if I recall the comment correctly it was if for whatever reason the tenant that we all are expecting to to to be there doesn't go there do we still need the parking variants I think in that case there would be a dramatic change to the site plan especially to that building because it would be for a entirely different user so we would have to come back to the city and it would be entirely new conversation in that in that in that sense if that if that makes sense yes and your um intent is to come back with site plan as soon as possible yes that as soon as we can we would like to bring the site plan in front of the council I I know that my client has deadlines with construction that have to be met and our orders are to move this forward as quickly as possible if if the council decides to approve this the variances tonight okay and okay just making sure that we we have the understanding when the site plan comes forward yes okay thank you very much thank you for answering I know that is important also to to have that comment of course thank you okay I think we're ready to take a motion to approve by councilwoman P second by Vive Council Pino yes VI mayor corve yes councilwoman yes Council Monas yes may FR yes motion passes okay thank you very much thank you thank you next item item Six B a resolution of the mayor in the city council of the city of D Florida approving the site plan for bowler engineering F LLC for the property located at 10451 North Northwest 33rd Street D Florida pursuant to section 53-1 184f of the city's Land Development code and providing for an effective date thank you madam Clerk we'll now um open up public comments for item 24-5 616 anyone would like to speak on this item please approach the podium at this time Mr Pi okay sorry okay being no public comments we we will close the public comments on pile close the public comments at this time Madam cler the no one has chosen to speak and I'll take expart Communications on this item any expart Communications being none we will now hear from staff it can we please tee up the presentation for smart stop thank you the applicant bowler engineering F LLC is proposing a site plan modification for a project that they uh have labeled as Smart Stop expansion um the applicant is requesting a site plan modification to a previously approved site plan for a self storage facility um the location of the site is 10451 Northwest 33rd Street and the site is approximately 4.2 Acres the zoning is industrial and the land use uh is also industrial uh which makes it compatible with zoning uh here's a area of the the site for reference and here is a copy of site plan so currently uh the site is developed with three self- storage buildings two of those buildings are uh three stories in height and one building is one story so in the center of the site plan you'll see a large yellow box and in that area there're proposing a three-story building totaling 19,500 sare ft and then along the north along the um the the southeast corner there um you'll see another uh narrow building and that's going to be one story totaling 3,759 square feet I'd also like to point out that on the smaller building they're proposing a public art to beautify that building Edge the proposed site is compatible with the in land uses to the north you have warehouses to the South professional offices and warehouses to the east you have the golf course and multi family residential and to the West uh Medical Center here are some visuals of the existing views and then the proposed modification elevations the site plan meets the code standards uh which include consistency with the comprehens with the comprehensive plan promoting better site design integration um with the surrounding environment enhancing property value uh ensuring a harmonious relationship among buildings uses and visitors and of course most importantly protecting the health safety and Welfare of our residents and our visitors um the traffic concerns have been addressed and so with that all of the codified standards have been met staff recommends that the mayor and Council approve the Smart Stop site plan modification for expansion as the proposed site plan adheres to the requirements of the city's Land Development code pursuant to city code section 53184 C3 and is consistent with the city's comprehensive plan land use element goals objectives and policies uh the applicant is here this evening and has a presentation if it is the council's desire thank you okay we'll now hear from the applicant good evening Council um my name is Aaron Kosh with bowler engineering F LLC on behalf of the property owner um I'm here to give a presentation uh so this project um is an expansion um and the reason for that is we are expanding the existing building and proposing new um drive up units um so today I'm just going to talk through quick presentation on the location um surrounding areas uh site development uh and the proposed condition talk through some Landscaping um as well as some architectural uh so as staff mentioned uh our property site is on the corner of Northwest 33rd Street and Northwest 104th Avenue um the adjacent uses are all compatible with our existing and proposed land use U this here is a view from Northwest 33rd Street and in in a few slides I'll show also the proposed condition with the the renderings uh this is here as the site plan um we're proposing an expansion or addition to the existing uh three-story building um with the proposed uh new three-story building so it is uh an addition to the existing building um the southeast corner has new drive up units um there's also covered RV and boat storage so that's what those gray areas on the north um the center and the East are so it is a canopy for RV and Boat Storage um we are providing improved vehicle circulation on the on the picture on the south you can see that it's more of an informal RV and Boat Storage so we are formalizing this and making it more of a uh an actual um use for the city that that will be more um tenable um we are also providing low impact development um per the city code so for drainage improvements we'll be providing a bio Swale on the east side of the site as well as the South be uh behind the drive up units um as well as an art mural as part of the city art program for landscaping this view here is from Northwest 33r Street um one item that came up with City staff um was these mature trees um we are saving these because they are located within our site um we'll be maintaining the Landscaping as you can see so provide a nice beautification of the ex condition as you drive on Northwest 33rd Street um the majority of the trees will be saved and we'll also be providing addition to meet the code uh and as I mentioned before a vegetated bios swell will be provided for drainage improvements this here is a rendering of the architectural as you can see that it will maintain the theme of the smart stops uh marketing uh logo and also the blue that that will provide a nice view for the city as they drive by um this here is an existing view of the site um and now in the proposed condition you can see this is that same view will provide a nice uh Improvement on the existing building um and as you go east there that's the new building addition so it will be cohesive as you um look from the east or from the west side on Northwest 33 Third Street as you drive in this here is a a view of the mural so it will provide um public art that's the presentation and we're here for any questions thank you okay thank you very much motion to approve second motion to approve by vice mayor P Corvett second by Council gal is there any comments or questions I do actually have one sorry I apologize not that easy I noticed that there was no sidewalks added now is that not a requirement and this may be us a question for our staff but I was hoping that when that got done that the sidewalk would be added on 33rd Street so yeah that did come up as part of Staff review um and un the issue with that was the mature trees we would have to remove all of those trees along Northwest 33rd to install that unfortunately so we we did uh work with staff on that and um they did uh recommend that we don't remove those and not provide a sidewalk so there's no workaround to add a sidewalk we really get a lot of requests for sidewalk on four on 3 on 33rd can I hear from staff no there's no work around there's no way to like is it just not wi enough at all it's not yeah there there's also a swell there come on up come on up there's also a SW for drainage there yeah he was going to mention you were going where I was going that there's also a slope um so it would require like a ramp or um railing or something of that sort in order to do that in addition to um the removal of all those trees so we did try I'm very sad right now sorry we did try and we apologize but uh the trees uh the roots of the trees will create quite a bit of problem for the sidewalk and definitely you would have to take them out okay just want to mention that on the other side of the street on the coast Costa no that is the Costa Resort side right yeah there's a very wide area that we can I know and there is plans for the city to do a sidewalk there at some point go ahead Carlos there a sidewalk on the South Side so you could cross on 104 and then keep going west I no I know but the the issue is we do get requests a lot on that end for sidewalk so I was hoping that when this would came forward there would be a sidewalk I didn't notice when I looked at the site plan the first time that there was no sidewalk but I understand just kind of shocked me for a second because I I thought we were going we would because I know that there is plans to do sidewalk on 33rd work soles so continuation of that would be the most reasonable and you know thought process which is why again I didn't realize it until I looked at it here and I said wait a second there's still no sidewalk so but you all have stated your case I politely reject it but I'm just kidding Michelle did you have something to add uh I was just indicating to Carlos that the county rejected the sidewalks because they wanted the preservation of the trees I get it okay no worries again I it was just I I saw it and I realized that it was not there when I thought it would be so okay we'll proceed thank you motion to repo made by Vice cor second by councilman Cal VI cor yes councilman C councilman Pino yes councilman poras yes mayor frag yes motion passes next item item 6 c a resolution of the mayor and the city council of the city of RA Florida making certain findings and designated in the property located at 9300 Northwest 13th Street identified by miam County folio number 35333 00310 as the Lithia Motors green use area pursuant to section 37682 c Florida Statutes of Florida Brown field redevelopment act for the purpose of Rehabilitation job creation and promoting economic Redevelopment authorizing the city clerk to notify the Florida Department of Environmental Protection of set designation providing for an effective date and all other purposes thank you madam clerk we will now open up the public hearing for item 2 4- 5617 anyone who would like to speak on this item please approach the podium at this time being none we will now close public hearing Madam clerk like the rec reflect no one else has chosen to speak at this time and I will don't export on this one now and I'll hear from staff sorry getting used to this mic I'm a little Shor thank you it the applicant uh FL Dural SLC is uh requesting something that is is a little unusual there it's not very um prevalent throughout cities i' I've only dealt with one other Brownfield request um but it's really beneficial to both applicants in the city so I just wanted to kind of preface with that um the uh intent of the resolution which you'll have two readings of this resolution pursuant to Florida Statutes is to designate lithium Motors green reuse area pursuant to Florida statutes section 37680 to C um which is the Brownfield Redevelopment Act um they intend to designate the site as a Brownfield area for purposes of environmental uh uh remediation and job creation and promoting economic Redevelopment and uh revitalization the subject address is located at 9300 Northwest 13 Street and the uh sorry the property is approximately 8 Acres uh and change and the zoning is industrial and the land use is also industrial here's an aerial of the site and so Florida Statutes 37682 C has five criteria for Brownfield designation uh first is that the applicant and the owner has to agree to Redevelopment and Rehabilitation of the site um the second the project will result in significant economic productivity of the area um this applicant uh estimates a $31 million rehab and Redevelopment to be spent um and that will contribute to local labor contractors Consultants construction materials Furnishing the infrastructure improvements and impact fees while supporting approximately 325 temporary construction jobs and 50 permanent full-time jobs uh third criteria is that the proposed project is consistent with the city's adopted comprehensive plan and the Land Development code which it complies the fourth criteria is that the applicant has satisfied all applicable notice requirements ments uh and provided an opportunity for comment uh as established by Florida Statutes and the final criteria is that the project is fully funded um and like I indicated it's approximately a $31 million investment and this allows um the applicant to apply for Grants to help with the remediation that is required um with that the applicant is here and has a very brief four minute presentation as he told me earlier and he can speak to the specifics of the Brownfield Redevelopment Act and you know additional um ways that this can help a community thank you thank you we'll now hear from the applicant good evening Madame mayor Mr vice mayor members of the council and City staff my name is Brett brummond with the gold environmental law firm we have offices at 2100 ponon Boulevard in Coral Gables we represent the applicant FL Dural s LC uh so we are here at the first of two public hearings to consider a resolution that would create a new Florida Brownfield area for a single parcel uh I know this city is familiar with Florida's brownfields Redevelopment program uh however as a a bit of a refresher the Florida's Brownfield Redevelopment program is a fantastic way for innocent Property Owners to address contamination caused by others in the past by leveraging state resources at no cost to the city uh so what this resolution would do would it would create a Brownfield area which acts as a mini Economic Development District by definition a Brownfield area is a contiguous area of one or more more Brownfield sites some of which may not be contaminated which has been designated by a local government by resolution and a Brownfield site which refers to the specific property that is contaminated is Real Property the expansion Redevelopment or reuse of which may be Complicated by actual or perceived environmental contamination and what this program would do is it allows the applicant to access the state-based incentives the primary being a Florida corporate income tax credit equal to 50% of their cleanup cost cost incurred every year and these are available only after the applicant enters into a Brownfield site Rehabilitation agreement with Miami dat County as the delegated regulatory Authority uh to administer the brownfields program now looking at the historical uses of the property that did lead to the contamination historically the property operated as an unper dump the marks Brothers number one dump uh Solid Waste dumping happened out there through the 1960s and that solid waste does remain on the property uh that waste has contributed to environmental contamination specifically in soil we're seeing levels above State cleanup criteria uh the metals in particular are arsenic barium chromium lead we also see some petroleum compounds out there and in ground water uh we're seeing impacts primarily from Metals as well including Al aluminum iron lead manganese as well as uh some groundwater impacts with ammonia and these are all impacts that we do typically see at these old old unpermitted dumps throughout Western Miami day County uh back when the area was used primarily for as borrow pits uh as well as a way to deposit waste before development moved out west uh the applicant will address this contamination during the Redevelopment process under the oversight of Miami County durm uh as staff mentioned the end use will be a uh roughly 50,000 square foot Subaru dealership and Service Center the applicant expects to create at least 50 full-time equivalent jobs of the property when the project is complete which is scheduled for late 2025 and just to reiterate there are five objective criteria for designation as established in the materials we uh submitted to the city specifically the applicant is the property owner they have a Redevelopment plan and they will enter into that Brownfield site Rehabilitation agreement with the county uh second the applicant uh sorry the Redevelopment project will result in economic productivity and far exceed the five jobs that are necessary to be created the uh Redevelopment is consistent with local comprehensive plan and the city's development regulations uh the applicant also provided notice to neighbors of nearby residents and we held a community meeting at the cultural arts center on March 27th only City staff and uh representatives for the applicant attended and finally the applicant did provide reasonable fin assurance that the financial resources to complete cleanup and Redevelopment uh that I'm aable to answer any questions thank you thank you any questions to the applicant okay if not any a motion motion to approve motion to approve by vice mayor P corve second by councilman Beno if there are no comments or questions we can call the RO motion to approve made by vice mayor corve seconded by Council Pino vice mayor corve yes councilman Pino yes councilwoman Cal yes councilwoman poras yes mayor FR yes motion passes okay thank you very much thank you all for attending today I need a motion to adjourn to adjourn motion to adjourn by vice mayor P corvey second by Council B on fa say I meeting is adjourned