##VIDEO ID:1siLoSp1-gs## how you looking for Moon looking good shout out to Full Moon um the regular council meeting for Tuesday December 20 Tuesday December 10th 2024 is called to order at 701 p.m. first we're going to have a moment inide of meditation followed by the Pledge of Allegiance than you very much Madam clerk may please have roll call please roll call Mayor Nickerson here vice mayor Martin present council person bbam present council person lford ward council person Winters present also present for the record Janice jacobe Village clerk R Village manager and sitting in for attorney gu is attorney Elber you have a COR thank you very much um M do I have a motion to approve the agenda some mov move by vice mayor Martin do I have a second second by council person life foot War all say I I I allos say nay hearing none moving on good and Welfare is the first good and Welfare you guys will also have another good and Welfare and during the um the gsection resolutions everybody will have a chance to speak about anything it up hearing seeing none moving on consent agenda do you have a motion to approve the consent agenda move by Council S award do you have a second Sor I and all right we'll go right back to it after this all right do motion to approve the I mean Sig second for consent agenda second second by vice mayor Martin Madam CL you have a roll call roll call council person Winters yes council person life Ward yes council person bbom yes vice mayor Martin yes mayor Nickerson yes motion passes 5 To None thank you very much I appreciate that um M Pella do you want to come up for the good and Welfare or is there you want to come up and speak now for the good and Welfare or do you or you want to wait till the next good and Welfare later on um I'll do it okay all right thank you no problem good evening how are you guys how are you congratulations and your thank you so much you're welcome um I wanted to talk about the con uh the consent agenda first of all I was a little surprised that everything went to the consent agenda being that most of the items just passed um um uh the um committee meeting and not um the council meeting so you have been the second um hearing for all those items but I wanted to just make it clear about um because I see the resolution for the uh fitness equipment on the nature Trail and uh it talks about 36,000 being um um you know um uh used from the trust funds right but for the fitness equipment there are $20,000 that were sitting there it's been sitting there for a while so it shouldn't be the $36,000 taken from the trust funds for the parks that was a grant that was given to a portal or 5 years ago if I'm not mistaken and there were $20,000 SE in there for the fitness equipment um so I think it's on the budget on the contingency um or something like that it was always reflecting the $20,000 and also I wanted to ask about the um the nature trail the slap for the fitness equipment being $37,000 or something like that um if it was ever presented if any of the council members were presented with a uh quotes or the plans for the actual uh slap CU $38,000 for, 1300 square foot of uh you know it's a lot it's roughly $6 a square foot so it's $8,000 $7,000 not $337,000 but again it's just my um concern um so if if there's any um the manager or um have any any clarification on that on those uh funds being dispersed from uh either the grant or the the the trust fund uh because this a big chunk it's $20,000 that never got used for fitness equipment okay so all right so first of all not everything is in consent agenda so consent agenda has uh nine items uh the resolutions G items have 12 items the G items also have the more important items which are like the ordinances and things like that they have to have a second reading um the consent agenda there's nothing that has to go through two readings in the consent agenda as a matter of fact in consen the most of the stuff is formalities you have mutual AIDS you have interlocal agreements you have things like that the um as far as the nature trail equipment and the nature Trail and the trust fund is for essentially for that yeah but not not for the fitness equipment the fitness equipment had its own Grant it was $220,000 given to portal that's been that's been there okay no that wasn't for fitness equipment that $20,000 was for the nature trail expansion it was not meant for equ was for fness equipment no sir specifically okay thank you thank you all right anybody else look get in welfare all right all right jumping to the resolution ordinances um Mr attorney if you would swear anybody in who may even potentially be speaking about any of the site plans um in the gsection just have them stand up and put their right hand up and swearing for yeah anybody that's speaking please please stand anybody who may speak or potentially speak just please stand put your right hand up yeah please raise your right hand uh do you swear or affirm that the testimony brought to give will be the truth the whole truth and nothing but the truth so you God all right thank you please see thank you very much appreciate it Miss Hammond Miss Miss Hammond how are you Miss ham we're on the first resolution which is the site plan for 256 Northeast 90th [Music] Street all right um Miss Hammond for this site plan 256 Northeast 90th Street uh has anything been changed or altered in the in the pl were there any condition or anything like that no this is exactly what um the same exact application in all form that was reviewed and approved by the planning board same thing that passed in the planning Z exactly exactly the same thank you very much do I have any questions or comments from the council we've already passed hearing none do I have any questions any comments from the audience hearing none do I have a motion to approve I mean motion to approve yet resolution G1 so moved moved by council person bbon second second by council person winter trying to figure out everybody's voice back there uh Madam Madam clerk may I please have a roll call pleas roll call council person Winters yes council person Lightfoot ward council person bbom yes vice mayor Martin yes mayor nerson yes motion passes 5 To None thank you very much appreciate that the next one is garage enclosure for the 66 Northwest 87th Street G2 Miss Hammond has there been any alter like any uh anything that's alternated since the Ping in zone any conditions that they had or anything like that there has not this is the exact application that came before you and was approved by the Planning and Zoning Board in thank you very much do I have any questions or comments from the council hearing none question and comments from the audience hearing none do have motion to approve resolution G2 motion to approve resolution G moved by vice mayor Martin do have a second second second by council person Winters Madam cler have a roll call please call council person Winters yes council person lightfood ward council person bbom yes vice mayor Martin yes mayor Nickerson yes motion passes 5 To None thank you very much appreciate it thank you sir take care have a good night resolution G3 401 noreast 86 Street 401 Northeast 86 Street again I apologize for what you went through like I said last time the planning only have been there for at least a decade so but um have there any alter any alternation any alternation anything that that's uh been alternated or um any changes or any adjustments or any conditions there have not this is the same application that came before the planning board and was rep approved do I have any further question to comments from the council hearing none question to comments from the audience hearing yes yes about this item uh Lou pela 103 Northeast Street um about these item I don't know if you guys I sent you guys an email um um so regardless of whoever planted the hedges right um the issue with this is Code Enforcement caught it and it's because of obvious reasons um H and you know safety of uh anyone actually going in that corner um now if you look at the uh um hes they're not there's not they're just hes no they're like beyond their property line 25 ft beyond the property line so they're by the side road just by the street so they're even covering the stop sign on the corner so it's not like if they're in the property line Whoever has Hedges 6 feet 4 feet whatever but we have denied PES or four feet in height beautiful beautifully kept and inside their property line or with within the property line and this item is uh you know it's just U troubling to me to uh for the councel to be okay with having you know hes like they are taking up you know the public rway is 25 ft or 12 feet CU I don't know if the 25 ft is from the middle of the road or is from the from the uh side of the road all the way to the property line but regardless it's beyond their property line that's thank you yeah I believe these were reported by somebody that Cod enforcement um because if you guys so just just to kind of like let everybody kind pretty much know when it comes to this is something that I think that everybody should kind of keep in mind when it comes to code enforcement because you'll hear a lot of times like when somebody does get a code enforcement violation you'll hear a lot of times well there's three other houses around the corner that have the same violation well this is kind of like why it's like that I'll explain when we got because for years and years we we had we had codes that were on the books but we didn't have anybody enforcing them we didn't have a real true code enforcement uh officer once we got a real true code enforcement officer and he came in there were things that were out of code but a compromise that we kind of met because he came in and he was like you know mayor manager there's all these things that are out of cod I'm going to go to every house and tell them to rip these things up and a lot of it is like you know concrete on the front yard that's more than what we allow with the green space but these things have been there and you had a lot of these residents and they've been there and they've been living here for 30 years 20 years 25 years so I told them I said look I said let's do this I said I don't want to especially at that time because you know we're talking about a few years ago now so and you know we're in 2024 now so we're talking about we're still getting out of covid so still people were having like financial difficulties and stuff back then so I said well look let's do this I said I don't want to have you know our residents have to spend so much money with you going around saying this is out of code tear it up this is out tear it up tear it up because our residents like I don't want to put that on them like that financial burden I said so we'll do this a residents who have been here for so long these houses who have been here for so long will keep them how they are the moment that they go to change or adjust anything on their house they have to fall into the cold so for example we don't allow shingles on the roofs but there are still some houses with shingles on roofs because they've been like that for 35 years but the moment that they go to repair their roof they can't put shingles again they didn't have to fall into the Cod so there's a lot of things that you'll see that's out of colde but that's why it's out of colde so if you get a cold violation and you're like but my neighbor down the street that might be why and another thing is also there a lot of houses that we do issue code violations to you just might not know it right so they might be racking up violations also you just might not know it um this home right here has been like this I mean you know for at least 13 years since I've been on the counsil no this this home has been with with those thingses yeah with the hedges yeah it's been like that yeah yeah yeah for no for about 13 years it's been like that for about 13 years because I've been on the council for a little over 13 years and I remember always delivering um Flyers to that home and I remember they always had uh Hedges out front but thank you for your comments um do I have any further comments or questions from the council well I do have a comment on that one uh so I I don't wanted to be um misunderstood I I do think that having Hedges that uh infringe on a right of way are are really dangerous I think in that area we have a lot I know that there's one family who has a child who is handicapped who who has to maneuver uh around those streets and I I empathize with that and I I definitely see an issue with it which is why historically I have definitely been a big proponent of um voting no on any sort of hedge or fence in in the front of the property I understand that this property poses a unique uh question for us because this is something that you have inherited however I do want to make it clear that I think in the Planning and Zoning meeting everyone voted yes but said that those Hedges need to remain um below a certain height was that true correct what height was that 4T yes so I I just want to emphasize um that just because and I don't know how the vote is going to go tonight but just because you do have an approval um I don't want you to forget about that requirement of those Hedges remaining at a reasonable height and being careful to Manicure them so so that they are not um more of an impediment to pedestrians and they already are um and I think what the mayor is saying is true if there is a desire in the future to change something that it would have to um be brought into compliance with the code as it is now thank you very much Madam vice mayor I have something as well council person thank you so I'd like to take a moment to address some concerns um on this these hedges in Sherwood Forest first I want to thank Mr uh former councilman parella for bringing up uh this matter to our attention and I want to talk that we are all about safety and the well-being of our community safety is the top priority we must give it the attention it deserves however it is worth noting that there is no documented incidents or accidents involving these Hedges furthermore the edges in question are consistent with the aesthetic of the neighborhood and match those in the nearby properties in fact most of the properties around that house all have the exact same Hedges the exact same height even the same species of plants pulling them out would actually diminish the beauty of the sherard Forest Area um now the visual Harmony contributes to the charm and identity of shed Forest which is something I believe we all value um as we consider this matter it is important to balance safety Community standards and the unique character of our village I encourage us to keep an open mind and focus on solutions that respect these principles while fostering a collaborative approach among Neighbors thank you thank you very much very well said council person Winters appreciate that anyone else from the council hearing none do I have a motion to approve resolution G3 move by council person light foot W do I have a second second second by council person was that Winters yes yes council person Winters um Madam clerk May pleas have a roll call please roll call council person Winters yes council person lifefood Ward yes council person bbom yes vice mayor Martin no mayor Nickerson yes 4 to one motion passes thank you you got thank you next is resolution G4 you guys this is 100 Northeast 89th Street Miss Hammond um has there have there been any adjustments or conditions since the planning is zing committee there have not this is the application that went before the the planning board and was approved all right thank you very much any questions or comments from the council no hearing hearing none any questions comments from the audience hearing none do I have a motion to approve resolution G4 so moved moved by vice mayor Martin do I have a second second second by council person like foot Ward mam cler might pleas have roll call please roll call council person winter yes council person lifeford Ward yes Council person herbal yes vice mayor Orton yes mayor Nickerson yes motion passes 5 To None thank you very much next up is resolution G5 this is 353 Northeast 85th Street 353 Northeast 85th Street Miss Hammond have any adjustments or any conditions there have not this is the application that came before the planning board and was approved in November okay thank you very much you have any questions or comments from the council what's the problem what not comply with Section 5- 66 is this a second reading or is this already what it is a second M um Miss Hammond's the where it says does not comply with Section 566 what what does that um mean what's 566 I'm not seeing where that in G5 where it says toward the end of the uh paragraph it says in the title it says conversion at 353 Northeast 85th Street as requested by leis Glickman which does not comply with Section um I apologize I believe that's a a typo which part um it does comply with with the section it's it's just that it this is a variance for a garage en closure which you um you need to have a variance if you want to do a garage enclosure that's that's the rules but it it it will comply with um the variance criteria I I that I apologize that that should not be on the report does comply so we're going to have to cross that not for the um final upload yes all right thank you very much Council life for award appreciate that um anyone else from the council I council person winter I really love what you guys have done with that house I remember when Don used to live there and you have made it into a exemplary uh property that I would love to see all over sherard forest and I look forward to seeing what you're going to do with it thank you thank you thank you very much council person Winters appreciate that anyone else from the council ditto ditto thank you very much coun person life for award um hearing none from the coun is anybody from the audience for 35 3 Northeast 85th Street so moved hearing none do I have a motion to approve resolution G5 so moved moved by council person Winters do I have a second second by council person Lightfoot Ward Madam CL see that roll call for G5 council person winter yes council person lifeford Ward yes council person bbom yes vice mayor Martin yes mayor Nickerson yes motion passes 5 on thank you very much appreciate it thank you take care okay next is resolution G6 this is 44 Northeast 89th Street 44 Northeast 89th Street how you all doing council person life award where did you say when um when when the kids ran in you said those are future what C life those are those are future U members of the council exactly right there you go um Madam uh Miss Hammond uh has there been any any conditions or any adjustments to this resolution G6 44 Northeast they're not they did submit some color elevations um that that would be um I think the only addition that that we gave you for this application but it was um essentially the house is the addition that that was presented to the planning board and it was approved okay thank you very much any questions from the council yes council person Winters um um Diane Alfred it was wonderful meeting you the other day you have a beautiful house and a beautiful family all three of them and uh I can definitely see why you need a bigger house with the growing family I wish you the best of luck thank you thank you very much council person Winters anyone else from the council what I have a question question lifeward it's an enclosure or a new construction it says new construction of multi family residential expansion of the back of the house expansion expansion of the backyard the house being expanded toward the backyard correct it's part of the house it's not a separate dwelling I got it got it yeah I went back there doing when I dropped the sandbags off I was like back there looking at everything but um appreciate that any other questions or comments from the council okay hearing any questions comments from the audience okay hear any none um do I have a motion to approve G6 so moved moved by vice mayor Martin do I have a second second second by council person life foot Ward mam CL have roll call roll call council person Winters yes council person life foot Ward oh yes council person bbom yes vice mayor Martin yes mayor Nickerson yes motion passes 5 sounds good next is resolution G7 this is the eler tile launch Little River sight plan thank um have there been any adjustments Miss Hammond on this since the planning is only there have not everything's exactly the same it is exactly what we have presented at the planning board and was approved okay do I have any questions or comments from the council yes yes um Council yes so so I've been contacted by uh some residents and I do have some issues I would like to have clarified um I'm going to read just a couple things here real quick and um and they I'll just say this this is a huge project and the idea of rubber stamping this is very concerning um as exciting as it is to have another large project in alportel from developers who have done a phenomenal job with another property already having said that I just do want to read uh these very specific concerns uh regarding our code from a resident if I may so here we go this property is located within 250 ft of Zone 3 thus limited by code to four stories Max site plans of eight stories would violate Section 24b 7-zone 5 parentheses zen5 urban center at bportal Village code site plans do not maintain 15% perious landscaped grass or natural coverage in violation of 24-19 B large specimen native shortleaf fig trees are planning to be removed in violation of 249b pedestrian views are not being preserved in violation of section 24-19 D the proposed development is planned to occupy more than 50% of the gross acreage of a mixed use development as residential this is in violation of section 24 db17 Z5 urban center there is a requested variant for that I I acknowledge all right uh so what they're saying here is let me talk about the trees real quick large specimen native shortly fig trees are planning to be removed four of them okay so durm is recommending disapproval of this application since the applicant has not provided information depicting the specimen trees as preserved and is not applied for a tree removal permit to determine if the specimen trees can be reserved so I would like to start there and just simply address this issue of the fig trees and derms approval or disapproval because this is coming from a resident um uh so uh would anybody be able to speak to specifically the fig trees four of them and durm I'll start there so um absolutely Ben and I are both prepared to speak on that I can start um quickly um they will be required to get a tree removal permit that is a requirement throughout the county and um are they going to be able to acquire that because if they cannot then these plans change they should be fine the the county has um requirements to um mitigate um if you remove um trees and they have calculations already on their landscape plans showing um how many trees they're going to be replacing to mitigate at a ratio of 2.1 which is the requirement and I will I'll let Ben before you before you jump in there answer these questions while you're answering those questions the first one is is um has Derm denied any of your permits absolutely not okay the second one is is that durm with this type of situation how often have they denied these type of permits and and answer that way answer your question I would also like to point out that nothing's changed in this application for any of this stuff so and let me just say other places other places where you would attend for government they do three minutes I don't you talk you can go see Miami Shores you can go see bisc Park you can go see North Miami look at because they they do they do camera work all over he even he's shaking his head three minutes last meeting I gave residents like 30 minutes 30 minutes and they usually do three minutes and there's usually no back and forth usually as three minutes the resident gets up there they say what they say their peace and then we move on nothing's changed from this from the last time and went back and forth for over 30 minutes last time that's so I just want to make just want to make sure that we know that mayor Omar has given a lot of a lot of leeway that no other municipality in the State of Florida gives attorney fernanz would you answer that those questions for me please yes Mr Mayor thank you Ben Fernandez 200 South biscane Boulevard for the record on behalf of the applicant um durm routinely provides comments with respect to proposed plans uh that doesn't mean in this case there was no permit apply for for the tree removal yet so it really what the comments reflect is their position that a permit application will be required and that a tree removal permit will be required and has to be processed and provide the requisite mitigation as uh Miss Hammond's indicated and what is our level of confidence that that permit would be granted understanding that there would be stipulations very very strong four of those trees are located within the River Walk Right which is something that the city has asked for and is required uh so those trees would need to be removed to begin with the other tree is on on the side set back and shared so yes we're very confident with respect to that fantastic all right that actually leads me into my second point I know I I listed four or five the second point being the 50% residential right uh uh limitation right that there's a variance applied for to to uh to have more than 50% residential as an overabundance in an overabundance of caution because really when you read that code provision it says 50% of the total acreage which doesn't even make sense entirely okay and then there's a limitation that the any commercial needs to be on the ground floor our ground floor is already comprises some commercial we discussed at the last meeting right minimal commercial and I do understand there was a plan for another commercial property in there however the plans for um a a ramp a boat launch have been denied by durm uh to this point the Management District in that so that affected the decision to have that additional space for uh The Kayaks and things like this so um fair enough uh all right so at that point I would like to remind the council that our code is still woefully lacking um as evidenced by what your saying the ambiguity of 50% of the acreage right so uh so are we to assume that's ground floor we can't assume anything right so all right so that's a challenge for us because one thing that the village is asking for uh in a very significant way is commercial properties and so this is an opportunity to expand our commercial base um and so I believe that's what the the uh direction of the comments from the last meeting were from the residents in terms of hey like are we going to get any Commercial Business out of this property that is in Z5 right so um so that's a um that's a very serious concern from the residents um in terms of not just you know would there be something that would be fun and interesting for the residents to be able to enjoy and provide uh money to that property um and in turn have that property provide you know an expanded tax basee to the Village okay um so I I've said my piece on that and we'll and and if anybody else wants to talk about it fine uh let me move on to uh the um pedestrian views not being preserved in violation of section 24-d can anybody speak to um that provision or that reality of the fact that people both from uh fourth Court I believe it is as well as uh the residents over here on 85 a you know in the in the hook of the river um there are there is no uh views that are preserved so well in this case councilman Oram if you read that code provision it says the views are to be preserved from adjacent properties adjacent properties in this case are both on either side that have complete views we're not blocking those and then we have an intervening Street which is Northeast Fourth Place right so there is no adjacent property to the South and if there were one it's our own property right it's Kista that lines that entire Frontage to the well to the to the um East to the east I'm sorry sorry to the and to the South is uh just another res another that we're not interfering with those uh views and and there is a setback of course from the building that so there is a view from from uh from the street okay all right uh and then in terms of uh give me half a moment here I'm cycling through okay uh and hold on I got to go to a different page here real quick all right so final Point here uh from uh resident concerns is uh okay brownfields redevelopment act all right so at the October 24th Planning and Zoning meeting in response to comments from the council regarding the developers public benefits program contribution being low in exchange for two stories of bonus height there was a claim that the launch was allotted one story of bonus height through the brownfields Redevelopment program there does not seem to be any information on this anywhere and before they were approved for this program a resident asked publicly during the agenda items proceedings if there were any special concessions given to them and were told no so uh I think what the resident is trying to say there is can we get just a little bit more clarification on uh on how we achieved the two additional stories um it sounds like it was one story and then one story uh but if you could at least sure speak to that well and let me just go back because I think that there were you referenc it initially just for the record um some Provisions that apply to environmentally sensitive uh lands which are the provisions about um the 14% um surface area yes though all of those um simply illogical to apply to this property because this property has been declared of Brownfield so that is contrary to being an environmentally sensitive plan well okay I'm going to push back on that a little bit and say that the responsibility of the developer because they've chosen to buy this property nobody forced this property upon them it is now the responsibility of the developer to clean up that Brownfield ab and there would be because everybody eles that there's a c that the develop going to put out to do that and so in exchange for hey thank you for cleaning up this contaminated space we will allow X Y and Z in terms of a benefit so I will push back on uh you know I I I personally have an issue with the word logical because there is no logic it's only your logic there's no logic that exists because anybody using logic can only use what they know and if they don't know something they can't apply it to their logic calculation so I like to say your logic there's no such thing as either logic or reason just so everybody is clear about that and so uh it is uh it is my logic that that regardless of what has to be achieved to be able to start developing that property if the if there's a 15% requirement then there's a 15% requirement after it's done I'll just tell you I don't take this is my biggest issue we're talking about 1% difference here we're at 14% And it's 15% and I know one of the issues from some of the residents is uh you know we need imper I'm sorry we need perious uh structure it sounds like the boardwalk that they're going to build will be perious it does sound like that that has been taken into account um I'm personally satisfied with that um and I think there's other uh issues here that questions that I would want to ask before I start hammering on the 1% difference of where we're at on that one so well I would just say for the record uh and not to be argumentative but the provision that's that's been referenced in the neighbors uh or the residents arguments is a provision that applies to environmentally sensitive areas and there is no definition for that uh in your comprehensive plan or your form-based code so it's impossible to apply that to this property first and secondarily is a Brownfield so clearly it's something that needs to be cleaned up as as you as you mentioned it is not an environmentally sensitive area we're bringing it back to a an acceptable condition the little river is always and forever going to be an environment in sensitive area so there's not there's never not going to be an environmentally sensitive area um uh if people understood what was in the water already um uh I so um so our intent is to improve it yeah and and with what's happening in Tallahassee I expect that the Everglades will be dead in about seven years and so um uh that is unfortunate because uh we have the cleanest water here in Miami D County of anybody anywhere in North America and that is all coming to an end within the next decade uh because of what's happening out of Tallahassee so um uh unbelievably unfortunate no no human civilization and if we if we survive a million years we will not be able to clean as much water as the Everglades does every single day without our assistance and so um so in all of that okay um I'm satisfied with your uh optimism for the Derm permits I'm satisfied with the with the 14% fine um I still do um for a for I do not we're going to be surrounded by highrises we're going to be surrounded by highrises there's going to be plenty of enormously large buildings surrounding this this Village and so if we're going to build a building this large right on the water uh then I'm one concerned with having no commercial uh really aspect to it that's a major loss for the village in terms of opportunity for commercial development um it's extremely concerning to be perfectly honest uh and then in addition to that where my original question was how did we arrive at the two additional stories well and I'll will get to that but let me just say that we comply with the code in the sense that we have the requisite spacing which I think was your first comment from any uh single family area which is a 250 foot spacing requirement that's what your code requires is spacing from the building and if you look at your code it falls under the building it's not from the property so what has been presented uh is incorrect in that the measurement is not taken from the property it's taken from the proposed building okay position sure the the the the public benefit contribution was uh discussed and negotiated essentially based on the fact that this is a smaller project than Kista was and so the contribution is is less for this resident who has a specific concern that they're not finding evidence that they're that the first allotment had anything to do with the um uh brownfields re Redevelopment program where could they go to find that information that that is in fact part of the calculus of the two additional stories is there anywhere that they would be able to yeah that is a something that can be considered just like a Civic space contribution or uh you know additional public space or a park those are all things that can be accepted in exchange for uh additional floor area and then once we realized that the boat ramp would not be approved by durm uh was there any consideration given to well what could we as a business bring into that space that was originally uh conceived of for I got it right now it's section 24 B21 so I'm AR barington I'm one of the owners of uh of the property in question for the launch uh councilman so we had obviously called this launch assuming we were going to have a project that would enable our residents to engage the the water fun it was South Florida Water Management District was beh opposed to providing any access to okay getting into the yeah forgive me for misrepresenting that as durm okay so with that we went and revised our permit which we learned in applying for a separate permit for the seaw wall remediation only right that's running in parallel that goes through Army Corp of Engineers s water before it ever gets to elportal so that process has been going we have those approvals but it was in that comment back and for that any kind of ramp or boat launch and there was never going to be any Motorcraft this was just for any kayaks or stand up paddle board type um that was not allowed so that was gone we always have proposed the same total amount of square footage for commercial space in this project that didn't trigger any revision to the building plan itself okay um it was just I mean we had some that there would be an opportunity to just to do some free standing like you've seen those paddle board rental kiosks that you know that was obviously something we were considering but that would go away with with no ability to offer any access to the water but in terms of square footage of the commercial space that's stayed the same throughout our submitt to you will there so the commercial space that is planned for um in the in the plans uh please if you would um just illustrate a little bit of what that space looks like in terms of what type of business we envision being there or yeah so you know we that's difficult right now you might imagine that's not a very desirable retail location the way it is I mean we're kind of looking forward to the little farm developing and having fourth place be kind of entry into the little farm and now there would be foot traffic and vehicle traffic that would make that a more appealing retail space fair enough in the future would you picture that there would be anything at the launch property uh where uh residents of ail portal public in general uh would be able to go and have even just to sit absolutely 100% I mean one of those things we were considering as a restaurant I mean some of the the original renderings have just kind of generic restaurant on there you can look in the back there's that covered patio space with proposed seating so that was the whole initial thought that this was going to be kind of some water Frontage opportunity that that the public could come and enjoy okay um thrown a little bit of a curveball from the south Florida Water Management District but the commercial space remains and so then conceivably with the if the little farm would finally be developed uh uh then um it would be more viable to include some type of business model that would that would be um more open to the public as opposed to just limited to whoever would be living in that building is that right for sure I mean we are very much aligned with kind of increasing the value of that property and if it were a Business Partnership that whether it would be a restaurant or a retail business that could you know attract a customer base and be a vibrant space for the public to come and enjoy we very much would welcome that okay of course appreciate it thank you um that that's all I have I'd like to say something coun person Winter thank you sir so I would like to First address the concerns raised about the proposed development um including the potential impact of fig trees and the role of the Department of Environmental Resource Management durm in this matter first I want to acknowledge the residents points uh it is vital that we carefully consider the environmental impacts of any project especially in our community where we love our trees and where natural beauty and sustainable growth go hand inand however we must recognize the broader vision of the commitments we have made to the Village uh this proposed development aligns with the goals laid in our comprehensive plan adopted a decade ago at the sherat which envisioned a thriving commercial District uh to enhance our community's vibrancy and economic resilience uh the specific property in question located at the edge of the 17 Acres site and acting as the offshoot from the river represents a critical opportunity to move that Vision forward concerns about the Fig Tree and vegetation are valid assuming outright denial from Derm due to hypothetical issues could set a precedent that jeopardizes our ability to develop other projects in the future for example a proposed boat ramp on the same offshoot of the river was not approved by the south Florida Water Management District which demonstrates that environmental considerations are already thoroughly evaluated however such decisions uh should not discourage us from pursuing responsible development opportunities that align with our community goals it is also important to note that this property like the broader 17 Acre Site is classified as a Brownfield this classification will require significant REM remediation efforts including the removal of old septic tanks as part of the construction process the necessary measures the necessary measures further highlight the potential to transform this underutilized site into the Cornerstone of our community but as we transform it from a Brownfield to a vibrant Metropolis we're going to have to cut down trees and there'll probably be fig trees over some of these septic tanks and durm is going to have to allow us to remove them in order to allow all of the development to happen so this development represents a significant opportunity for our Village um by working collabora collaboratively with durm the south Florida Water Management District and developers our concerned residents I'm confident that we can find a solution that respects both our environmental values and our needs for growth thank you thank you very much council person win anyone else from the council yes council person life for award I smell a rat this it's not it's not working with me I'm glad I didn't hear it before but I heard enough of it to know that you're doing something that's not going to help this Village you talking somebody who had to make sure we stopped this kind of stuff years ago so that it would not interrupt what we are in terms of a village they've already read three things major things that would always be a problem in El Pell I can't tell you that I can I can go with this one this this is just not your fancy words and all that stuff I can see this Village I can see this project and it's not making it better for the village is making it worse a multif family residential Urban centered Zone lot of words but it does not speak to the character of this Village it speaks to trying to change this Village next thing I know I got five of y'all coming doing the same thing it's not the same for this Village thank you Mr Mayor anyone else from the councel I just a really quick comment and I think it echoes the sentiments that I expressed before I think we do have to get very clear on what the vision is if the vision is what um councilman Winters uh just referen which was a shereet that said that we did want to expand um our commercial offerings and we wanted this vibrant sector back there and all of those things if that is still the vision we we cannot make it impossibly difficult to come into elportal and uh execute on that Vision so for me uh I can take guidance from the cista and I can say that I think that that was a well executed and well-received project and this one seems to be of the same ilk um I also think that that question mark we have about commercial uh that I heard councilman herbal speaking to a bit of the chicken of the egg like we have to show that there is a space where a commercial project can Thrive and that will attract other commercial Endeavors to want to take the same chance um on the area and on elportal so I think if we get clear on our vision then maybe it will make it easier for us to assess um projects like this but in my opinion I think it's impossible to think that elportal will remain the same as it was um 10 15 20 years from now we have to decide how we're willing to change and the best partner in that change for us to really um for us to really grow we have to decide what the direction is who the partner is and understand that it will not look the same and there are certain elements that we can control um but other elements that we just have to um see how it evolves uh as far as that public benefits contribution I do I would like to know who we uh who negotiated that number um so who who did you guys negotiate the number with with mayor Nickerson and uh mad manager okay okay uh good to know I the the comments that I'm hearing about that public benefits number being a little low I don't think that that's um out of this world I do think that uh that number does seem a little a little light to me um but maybe someone could give me some guidance on the appropriateness of it so we'll get to the public benefits thank you very much Vice May Mark we'll get to the public benefits in a second um council person uh Lightfoot Ward this this uh property where in eler Tower is it going to be located yeah I as I said council person light for award this property that's going to take away all the character of eleral where in eleral is it going to be located my comments are based on not hearing what you all have already said my comments are based on what they have just said tonight it does not sound like this multif family let's let's get the wording right the site planed for a new construction of multif family residential at these four places in zone 5 that's all I'm talking about I'm not trying to recreate the world the world or El pel I'm trying to make sure that we don't come up with a situation that has not you got all the contaminations you got other stuff that's going on nothing else has been said except we want this multif family residential to go up in the El pel's area the launch of the little riversite plan and I'm saying I don't agree nobody has to agree with me I just don't agree it does not seem to match our village that's all I'm saying this is not hard do you know where it's going to be located where it's going on it says where it's going to be located where is going to be located all four that one fourth place in zone five do you know where that is of course come on mayor we we on the same we in the same city we live in the same place where but where is that located it doesn't matter to me what matters to me are we doing it the way it keeps the value of this Village not turning it into something else and then another company comes and another company comes so when we're talking about the character of eler see if it was going on Northeast Second I can see if it was going on North Miami Avenue some people here don't even know where it's going to be located as a matter of fact you have individuals that don't even know that the cista is Elbert to That's How Far We've separated residential eleral from the business zone of eler toow on 83rd you have residents that don't even know that's eler toow you have residents don't even know those are elti residents over there they have no clue That's How Far We've separated to keep the residential aspect of eler tow the residential aspect of eler tow to when you're walking on 88th Street or 89th Street you don't even think about it over there how long has Aisa been up since April you don't even think about on a daily basis so it just goes to show you that when we're talking about the character of eleral and the serenity of eleral and the Tranquility that we're all talking about as residents of eleral we've had since April a firsthand example we don't have to guess who here when I'm out there doing flyer packets and passing out flyer packets I have had not one resident come out of their house and say man mayor that cista every day I get up it's just ruining my day man mayor not one I haven't had one man mayor I don't know how y'all let that cista get up that big building sh giving me nightmares so if we're curious about what affects the character of Elbert to we've had an example since since when since April since April any other questions or comments for this before we get here let's uh let's read this into the record Mr attorney resolution G7 a resolution of the Village Council of oel Florida granting site plan approval for new construction of multif family residential at 8300 8316 8356 and 8358 Northeast Fourth Place in zone 5 urban center Zone in the village of oeral an application by the launch at Little River LLC providing for findings providing for conditions providing for appeal providing for an effective date thank you very much appreciate that should have been reading the entire time we'll go back and fix that um any other questions comments from the council I just wanted to ask them a few quick questions uh I I've already looked over a lot of these notes I probably know the answers but I just want to hear from you guys compared to the beautiful building that you built in April what is the size comparison the new one so in terms of number of units it's about half so it's about half the size of the one that the AL Council has already approved in right next door and um are you actually able to with uh code make the building bigger but decided not to uh I believe the answer is no not not not bigger in terms of height or mass width um we certainly have extra room on the side setbacks I mean we could Shi but yes in terms of density of number of units no that's the Max and height that's the Max and the green space that you're allowing for the residents uh it's going to be open access all the time or is there going to be a gate blocking off the river um that is to be determined you know we're going to have to kind of balance I think probably envisioning a 24hour access is probably not a realistic thing but probably some you know business hours access to a commercial space that would be then you know a way to access the the water Frontage yes all right and of course you're going to have a commercial property have you had any fun ideas that you want to put down there well the issue is I mean would just make this available for lease for a tenant right so um we're not in the business of kind of operating any type of of store or restaurant space that isn't we don't have the the management skills to to do that so you know we would be a little bit Market dependent on you know opening it up and seeing you know what type of business operators would be interested in leasing that space from us understood and uh lastly you're obviously going to need parking there and you've already designed a lot for that to happen will any of the people at this building be able to use parking at your other building uh I don't I don't believe we had planned that no I think all the parking that we are required to have for our tenants in this building will be contained in the building um if you're thinking of like if this is some kind of a restaurant in the commercial space that you know how would customers come and stay and park yeah we do have more parking than is required at cista so I mean we have the opportunity to you know kind of allow valet services or something like that to use parking at cista but um we do not have any plans to kind of formally link parking across properties okay yeah if I could just say Mr Winters um this is a very urban area and it's very walkable and I think the expectation is that this will develop as well as the city of Miami side across the street uh so there's the possibility of some adaptive reuse in the future there's like a multi-room space uh on the ground floor that could be utilized in some open areas I mean I think there's the ability for opportunities in the future to adapt as the area changes thank you sure all right um anybody else from the council all right we'll answer Vice May Martin's question uh Ken can you come up here real quick also okay so when we did um I'm going have them chime in a little bit but I'm we're going to make this really straightforward and simple so the individuals from the past of eler toow were not Forward Thinking so they didn't put anything in eler toow when they they didn't anticipate any business development therefore they didn't have anything like impact fees but when a business goes up you have impact right there's an impact to your law enforcement there's an impact to the streets there's an impact to the overall you know of the village so there's an impact but we don't have impact fees so to grab our like environmental aspect of eler to and to grab our our aspect of we don't have impact fees we can't with development agreements okay so those who love environmentalism should love development agreement because what it does is the way we get around it what we say is okay since you're putting up a building in eler tow for a certain a certain amount of additional concrete that you put in eler tow you have to offset it by helping us out with either green space or something like that the thing is is that eler to is only but so large so it's not like we have a bunch of open parks that are for purchase or open Lots with no home that are for purchase right so since we don't to offset that we have development agreement that would come in the form of money okay for because of the development that's going up all right for the impacts and things that we might feel okay now this is going to be simple to explain because as a few people have have said already and asked the question and received the answer of this property is not as large as the cista property it's not as large the one that's up now is larger therefore we're not going to get as much in the development agreement Ken when we when you and I and and all of us were going back and forth about development agreement when you logically when we formulated it out it was much less than what it is now correct you came in much of course you came in much less yes it was much less and the reason why it came up was because I started to look at more of the footage and I was able to use a calculation on footage to to raise it up a little correct right but if we went strictly by the formula of the last of the cista the the the initial development of the initial building it would have been under your for what you what you suggested because we under that formula that's what it would have been so it would have been even less under the original formula that nobody ever had a problem with the development agreement that no that that the cista had with it that nobody's ever discussed if you use that same formula it would have been less so I got more than what the first building actually got by using a different formula I got more so for everybody saying it seems light you would have got from the same formula from the first one you would got less from the original formula go ahead Madam manager I just want to also um Echo that we we had a very long meeting and Ken and I almost got into a a fight because I was the last hold out in terms of just getting those funds I'm actually the the one who's been charged with um redeveloping redesigning uh renovating the parks in the green space and I knew what these Parks Renovations cost so I really wanted more I thought I I pushed and I pushed but we really were able to get that this level because it was significantly less um if we use the form formula and again it only can be utilized for green space I mean we push for other impacts understand we aren't able to collect impact fees because we don't provide utilities and because of that this is our only option so the push was there I mean we we came to an agreement is it as high as we like no is it as low as they like no but we we came to a mutual agreement so it was a difficult discussion we went back and forth our attorney was involved in the initial back and forth um to that you know kind of fell apart and then you know we were the ones who showed for the meeting and were able to to to reach this understanding but this is where we landed thank you for the explanation on that I think they say that that's how you know you have a good agreement right when everybody's not quite happy so absolutely so but even the explanation just in knowing what was considered and that there was kind of this um push back on the number I think that illuminates it for myself for sure and I think some members of the audience audience um I just want us to consider that maybe I I know that the barington brothers had their formula um you know maybe we can talk collectively as a body uh or individually you can speak with us individually and kind of figure out whether or not their formula is the formula that we want to use because my argument on that would probably be that as you build um resources become less available right and is the other party going to be more amenable to going higher on those fees maybe you know it's a conversation but it's good to know that you guys engaged in that hard battle of kind of getting to this number the number is something that you negotiated and it's what's in front of us I am generally happy with the cista I think the project that you're proposing in the launch the design of it the fact that it is very different from the cista I think it's cool I think you've been a good partner thus far with the Village um and if I were a betting person I would want to make a bet on someone who's already proven that um they are willing to take feedback from the community and Implement that and give us a quality product uh and I also think something that the mayor said is very very important for us to hone in on this sector was built for this type of activity so when we have someone in front of us willing to give us exactly what we said we asked for I would caution us not to turn away from from that um because you never know what you might get next uh so that concludes my comment thank you very much vice mayor uh Martin um anyone else from the councel mayor as as you continue to talk my absences have not um they're just coming to me what my colleague just said makes a whole lot more sense all I'm trying to do now I'm going to switch myself all I'm trying to do is make sure that we don't turn into something that we cannot handle that dog on curve out there is a mess during the week that whole stream that tries to get over here on on on on bisc Boulevard it's a mess in the morning that's the stuff that I'm looking at what's happening to my Village that's all but listening to my colleagues obviously I'm I'm I'm coming in when the movie already about to go you know go into a commercial so I can see where you're trying to go but what I'm seeing with all this development is is is a bunch of vehicles coming through El Portell and elport tell's population can't even maneuver because now it's a shortcut because of what the development looks like but with my colleagues giving me a another way of looking at it just don't let me down don't do it appreciate it we'll know I you know well I would just like to comment you mentioned you smell that we are not rats I promise thank you very much council person like foot War anybody else in the council hearing none let's open it up to the audience um I know you want to speak and then I'll have you then I'll have her first and I'll have you come up go ahead yeah go ahead go over there and you just oh oh you can come here yeah send your name and address for the record Diana molinares vaka 44 nor 89 Street I just you know so interesting this conversation um and I can see both points um uh my question is about those impact fees right is it onetime payment is that what it have I just out of ignorance just for education is that any way that when you guys are reconsidering the formula it's something that that I don't know if this is even allowed that like it gives you a kind of like support later on too because I think we have impact fees from like the construction itself and then impact feed from what uh you uh ma'am you're saying that that longterm what are the impact so I'm just wondering if there is any way that maybe not for this one but for the next one we can add something that we can get more for the community for like the future absolutely absolutely absolutely and let me just say that I'll just leave it there quickly I was just gonna say let me just say come on you come on Scott let me just say that um when I was asking you know for where this is located so this is located over there across the river over so I I I just don't see impact through residential El T over there you know what I mean like unless somebody is coming from on 85 but even then they would go down probably 79th and then turn left and then turn on on 83rd you know what I mean so like I said I tried to put it as far away from residential eleral as possible you guys you know so you guys yeah so you guys don't feel the brunt of it um well I'll just say one other just point to mention there is a a second and significant Revenue opportunity for the village of upall and that comes with the permit fees um so absolutely once we get through site plan approval then we move to actually creating a set of construction documents that we then submit for permit the permit fees for this project will be somewhere in the order of probably $250 to $400,000 there'll be a significant amount of of money yeah yeah yeah absolutely for sure thank you very much uh m c okay all right uh pleasure to be here um I am not sure if some of the same faces from previous times um but um I uh want to start by thanking the the developers as well uh and and reiterate uh as I mentioned last time I am certainly not personally uh and I don't think any of the other neighbors that have been involved in Communications against development at all uh actually quite the contrary um I I I personally very much want development uh it's the type of development that we're looking for um to the points that were made um regarding that this is exactly what we've been wanting that this was in the shet from 10 years ago um well first of all understood uh that might have changed in the last 10 years with everything that has evolved um in addition to that um it's not what we are looking what that is because it is uh circumvent or or they're asking for a variance on one of the core elements of what that zone was supposed to be being mixed use bringing benefits to the community such as restaurants retail shop s Etc um now this location is it is in a very important and significant area we do not have a lot of uh riverfront property in this Village I actually recently uh have bought a a property on on the river um which in addition to several of my neighbors um was give you I I was able to to basically get because of the fact that the previous owner cared a lot about the environment and what was going to happen on the banks of the Little River knowing that this critical habitat and trees and everything that is extremely important on it um was going to be preserved since that time I've had many residents several residents ask me personally if they can utilize my property um to go and take a walk and check out the river go down to the river um I said sure because of course you know I I I want that type of community at the same time I don't think that should be you know I think that there should be more area that is actually provided by to the public um in this regard now it's unfortunately you know for the developers it's not the type of situation where it's okay well this is you know your property and you can do whatever you want with it uh you know we have the codes in the village um and we they are requesting variances to or at least some some of which haven't even been addressed but those variances are um you know requesting to to not go in that direction um so the just to finish that thought the mixed use aspect of this I think is integral um especially with little farm being developed um and how that kind of interplays into the greater area um if you look at that code and how these mixed use zones are defined they are actually talking about the integration of how these areas interact with one another with a vibrant bustling area um we've already as pointed out had one building that was not mixed use and that was primarily residential and that is primarily residential if not only residential now we're going to be doing making a second exception for a second building to be done with just more residents so so and when are we going to execute on the vision that this was all for it it I don't believe that we can't clean up that area and we can't begin to offer what we want to offer in terms of restaurants and Retail and so on and so forth commercial um with that the building needs to be eight stories high with special exceptions and variances in order to get that um and I think that the community and the village together I mean you know there's a lot of initiatives involved in cleaning that up and we can all do that together with doing something something that aligns very much with our uh with with our with our goals and everything now um I also just wanted to mention that um potentially a lower density project uh would actually be a value ad to the developers and I just wanted to put this forward to think about um by going back to the drawing board and creating a different prototype with a lower height building with fewer larger units per floor that could be marketed as environmentally sensitive adjacent to wildlife and nature um they could charge more and you guys would be heroes of the Village um and you know maintain what's important and align with the core values of the Village um and still I believe be equally as as profitable um and and and achieve your financial goals um I think there's an opportunity to do something different um which you can be a selling point to the tenants um and that high density is not always equate to more income and there's other ways to generate that through restaurants through commercial Etc that is supposed to be what what's going on here um I also just bringing it back to some of the comments that were made um Mr Mayor uh responding directly to your comments um I am to be honest a little offended um and I think some of the other residents are here as well um you made a comment that nobody's been affected by the cista um and I think that that's completely inaccurate and and I believe that the cista is I I have no problem with the cista personally um I think to say that it has not impacted anybody is an opinion um to say the least um I also believe that the way in which you mentioned that you spent an hour a half an hour with us last time discussing this while I mention that while I understand that this is the Forum and the process and everything I do want to point out that we spend I'm at pretty much every council meeting we spend a lot of time going back and forth and giving a lot of people the time of day thankfully and thank you for that um but for relatively small or issues single family hedges for example um this is an eight-story building that is going up in a environmentally sensitive area and I think to have that conversation uh was you know completely understandable um especially considering the fact that the public um has not been provided with necessarily the proper information regarding this I had to request the site plan um from the cordino group um it was uh on the October 17th meeting and I anyway to follow that up I just I I do appreciate the time I also hope that you recognize that this is a very important thing that is being done um all right are you you done with me or with you yeah uh yeah yeah all right so let me just jump in real quick all right I appreciate it all right so the first thing is we're talking about Hedges and things like that the reason why the people are up there is because they're the primary individuals whose Hedges it is so when we go back and forth about site plans is because those are the individuals who are the owners of the site for the site plan so they're up there going back and forth for a long time you never see an audience member come up and go back and forth about a person's garage enclosure or hedges in the front it's always us going back and forth with the individual whose home is the individual we're talking about so that's a that's the so so so so so I'm just saying so so that's a huge difference so what you're saying is and what I was pointing out which I you know I love you my brother what I was pointing out is is that what you're doing is good in welfare which is an audience member coming up to speak about an agenda the item and everywhere you go everywhere you go they put the timer on for 3 minutes and you have three minutes to speak it doesn't matter go to Miami Shores I was just at a meeting where they're having a big discussion about that gas station that's right there on bisc everybody got and and what they do is what we used to do when I got on the council 13 years ago when I got on as a council member the first initiative I passed I'll never forget it the first initiative I passed was the first good and Welfare and you can speak on every item because when I came on to the council the only thing that existed was the last good and Welfare and I was like but we're done voting by that time so then why would it matter if somebody comes up and says their opinion we're done voting at that time and then I hadn't put in the good the the the first the top good in welfare and then like two months later I was like all right we have the top good in welfare but what if the people need to hear us talk about it first so then I came up with okay you not only have to top good in welfare the bottom good in welfare but now you can talk at every additional item nobody else does that I implore you I go to all the meetings because I have a Connect the county initiative I go to Sunny's beach look at my mayor's report and see how many meetings I go to a month aventur Sunny's Beach Miami Beach Coral Gables Homestead Florida City they let you come and talk for good and Welfare three minutes doesn't matter what they're doing new site plan new development uh like I said mommi shes was just doing the G the gas station clean up people were heated about that gas station the abandoned gas station right there um right right off of uh what's that uh bis Kane and and what's that 10 105 or something like that they're heated about that gas station they got a one by one 3 minutes click they yell at the council you should you guys should go to a county meeting people get up there they yell at the Council next yell at the Council next yell at the commission next next after it's over they're like okay uh do I have a motion to approve they don't even address what the people are talking about so that's the only reason why I say it is a lot different the last thing I that I'll say is the second thing that the second which is the first thing that you address which is I didn't say that everybody was in agreement with what I said was specifically what I said was when I'm out when I'm out talking to Residents putting flyers on doors and things like that I have not had one resident not one including you not one you've been talking about the launch I haven't had one resident including you say man that cista building terrible not one resident even mentions the cista I'm telling you most people don't even think about it and that's on purpose because I put it away from the residential areas of eler tow so you guys can still maintain the tranquility and and and um Serenity of eler to and I have them over there that's why people don't mention it they don't even think about it sorry about that go ahead no no problem so I I think that that's a personal opinion I think that the people who do live in that area that's what what I'm saying what I'm saying is not opinion what I'm saying is nobody has come up to me and said anything understood sorry I I just what I'm trying to say is that I think that there are people including myself including my neighbors yes I haven't complained about it I was not uh I was not around during that time looking at this stuff now thankfully I believe that at least the village if people do care have somebody and other people who are more engaged in it there are a lot of new residents and you know a new sort of uh uh sort of era I think in in elport Tal's future um having said that just to kind of back up from that um for a second um sorry dud I was just going to ask you I was going to ask you I I agree I understand what you're saying I agree with what you're saying there might be people that might have a problem with it there might be people that and you know like you said now now you're here for this my question to you would be this though why haven't you complained about the cista that's already been up that's my question to you there's nothing I can do about it now we're not going to tear a building down right I mean I think that we're going to try to prevent what is what not prevent but try to be watching and involved in in what's going on in the future um having said that there there certainly I mean it's it's if you want to come and and check it out I mean in our backyards on on Northeast 4th Avenue Road which you know while it might not affect everybody in the village I think that that should still be very important that it affects some of our residents we yes there is a train track um in the middle but that doesn't really change much I mean that's not that big of an area it's you know 50 feet or whatnot um the we have an eight-story building essentially that has gone up in our backyard you know right Beyond seemingly in very close to our backyards um that have light pollution that have noise pollution Etc um now again I'm not opposed to the cista my specific concerns with this project are not so much noise light related some of my other neighbors might have that my personal concerns are much more environmentally related um so if I could just kind of move on from that I would like to just say that um I I very much appreciate the time that has been given here um and I hope that uh you know we're it's it's not waste for anybody here um having said that I do want to mention that I have been up here I guess three times now in reference to this specific project um the first time time I was told to look up the live local act um which I did um and it did not confirm the statements that were made and I actually found the information and through speaking to council uh quite the contrary um nevertheless that seems like it's kind of irrelevant because of the fact that was the the focal point of the conversation because I was led to believe that that was what they were potentially going to do or sort of uh uh you know made as an argument that they could do anything they want and therefore we should be happy with what they're doing um and the the the live local act I think is irrelevant because they are not doing that as mentioned that would be going focused on affordable housing which we are not they are not doing and the village is not doing um so IR that is irent and that is what we spent a lot of time talking about the previous times um since then I have brought up these environmentally sensitive uh areas um and other my the the the residential single family residential property being within 250 ft of this property um and uh to to and and again today um it seems that those those very important elements are being taken at face value for the responses from the the the developers team um and I don't believe that the council and the residents should take these things at face value because already I've heard several false things said tonight um the first of which that I want to address is that it was said that the um that the environmentally sensitive area beyond the comment that it was illogical um which I think is completely absurd um but beyond that that there is no place in the code where that exists and that is just completely false I mean the the the it's section 24b that has this I'm sorry 20 2419 that has this code um so where is the environmentally sensitive area tell me where that's defined you're you're assuming it says the of the Little River East of thec railroad show me I have it right here okay so are you going to deny that that it is an Environ sensitive area in fact in fact your Coastal resource element states that within 150 ft there is no Wildlife or any because of the urban character to be preserved that's in your I have photos videos from yesterday of being in a canoe on the little river that show an incredible amount of wildlife in those trees that are planning to be removed several species of birds dragon flies that are food for the birds that have habitat there and I'm going to quote from the coastal element of this of The Village's comprehensive plan natural habitat and vegetative communities the forces of Urban Development have displaced almost all the natural habitat and vegetative communities including the mangrove and Wetland areas abing the canal the pine pal meow forests which were once the dominant type of vegetation in this area have now largely disappeared that's from the coastal element all the more reason to protect it well and then the natural resources uh provision of your comprehensive plan which is in your Coastal element as well states that the coastal zone has about 150 ft of Frontage on the Little River Canal which which means that there are no significant Wildlife or vegetative communities particularly given its Urban setting the county plan shows it as Barren to dredging so I mean the recognition I understand what you're saying I'm not saying that there isn't there aren't animals and vegetation that grow on those lands I'm just saying that they're not environmentally sensitive lands to be protected in fact the history shows just the opposite the village adopted a resolution declaring this a Brownfield less than a year ago when you bought your property this property was already zoned for Urban Development you could have you could have looked into the code at that point cista should have been an alarm for you you got notice of that application when that project was developed if you lived in the area at the time did and everyone got notice around this project for this hearing and for the lower Planning and Zoning Board hearing and there's no one here to complain about the cista I've only heard good things about it but what really fundamentally gets me about your comments and with all due respect is that I've never heard a neighbor come out and complain that they want more commercial development near their property typically it's the opposite commercial development facing the water encounters all kinds of opposition from neighborhood residents given the propensity for additional noise late night activity drinking it's something that's viewed as being less compatible with an exclusively especially low density residential areas so that's what's surprising and then your comment about that the project could be smaller and more beneficial to the community perhaps for you as a nearby resident that would be true but clearly the public benefit provided for a smaller project would be considerably less and less beneficial to the community as a whole uh so I think this is more about your concerns Than The Village's concerns because you're the only one here and no one else is here and and the the the the ability to seek additional floor area is not a variance our variances have nothing to do with the scale of the building it's an exception and a development agreement that grants us the additional height that we're requesting and that as manager Aloo correctly pointed out and has worked so hard with us on that is what brings the public benefit to the village is the ability to seek those two additional stories which have been deemed to be compatible with the nearest residential area because you have a 250 foot distance requirement from the nearest residential you wouldn't be able to do it in some other parts for instance of the Farm area that are within 250 ft of single family but in this case that's not that's just not the case it doesn't apply okay so the first thing that I want to mention is that the idea that this brown you know the brownfields Redevelopment Act um and the use of that um that that's going to happen and and and and should happen no matter what develop what type of development goes in there whether it's mixed use whether it's four stor or whether it's in this case eight um I very much see the value in that um I don't think that that necessarily means that it has to be this exact iteration of this development having said that also on the brownfields um with with with respect to what was stated asked earlier that I did not think that there was a response to directly was that there was a statement made pre viously that the that there was an extra floor allocated for the brownfields uh Redevelopment Act and that the public benefits was a separate thing that there was a separate floor for so as uh I guess Arthur uh called out during the meeting during when you were saying um saying that it's in the code he was referring to the public benefits program code uh was that that that question was not directly I don't think responded to as to what whether or not there was that is true that there was an extra floor given for the brownfields and then an extra four for the public benefits or if it was both for the public benefits and that was false information about the brownfields the brownfields is the brownfields the the public benefit the additional stories were derived through the public benefit program correct in in your form based code okay so the the comment that was made previously was false there was no I'm saying false I think that there's obviously consideration given to the entire project it's an exception you know all of your comments about trees and so forth an exception is a conditional use permit the code anticipates the fact that this use is permissible within this area and can be subject to conditions to M councilman Urban's point we still need to go through a process to obtain all of our tree permits that is a condition of the exception but this was this was directly responded to in reference to the question of the amount the dollar amount of the contribution and what is your point about that the point is is that there was a statement made that the that the brownfields was the reason why they already had one level and that the second level was it was only one level that that $700 plus thousand was for um when that from what you're saying is not maybe there should be and you know and that that therefore the council people were misled to make that decision that they were misled that that that that amount was only for one floor and that is not accurate but anyway moving on from that um I guess I would like to to to bring this back to just another point about the environmentally sensitive area Pelican Harbor directly across the river is maintaining all of the the the and and working with the city of Miami and with South Florida Water Management they're maintaining all of the Native vegetation on the banks of the river realizing the importance of it my firm represented Pelican Harbor and obtained that approval I think I know a lot about it that doesn't make it an environmentally sensitive land that happens to be a habitat where they you know bring Birds to recuperate are you an environmentally uh are you are you somebody who's you know studied this and and I'm telling you I'm telling you it was our firm's client we River conserv we haven't had that I guess uh comments from them uh we have not had comments from people who really understand the hund the the sometimes 100 manatees that are in the river at any given time um Pence why Derm disapprove there was part of the reason just answering your question about the Pelican Harbor application that's all I don't know you let me let me let me jump in here real quick guys all right so um at the Planning and Zoning we did this for like over and half an hour nothing's changed in these plans the council's gonna either vote Yes or no they weren't answered then so uh these questions were not answered then they haven't been answered by The Village attorney who I was directed to meet with they have not been answered by cordino group who I was directed to meet with and we have 250 fet of a prop of a single family residential property that is completely against code there's four other VI code violations that are definitely if if anybody here was unaware of them or the gentleman over here believes that this is not an environmentally sensitive area then I think that this needs to be reeval all right so hold up hold up hold up I think I see what's happening because a lot of these like for example the Brownfield with the floor that's been brought up like four times so if you're saying it hasn't been answered I mean he just responded to it like straight up I don't know so so and what I'm seeing here is this and this is what I'm because basically what it kind of boils down to is you're against it you're going to be against it not against this I'm against following through what our code allows to develop a project that's going be better for elportal and when council person UR first part started speaking he started to address these things and then they started to respond to him for example it seems like because you guys are talking about you're saying that it's environmentally friendly or there there's there's there's a uh is labeled as something attorney Fernandez is saying there might be animals there but there's no official label correct now you may feel there's a lot of things in life that are not official doesn't mean that we shouldn't fight for those things that's fine but but but to for you to say that it hasn't been answered there's no way to answer it because it seems like on one side we're talking about emotion I see a lot of animals I feel like this is environmentally friendly no it says it in our code section 2419 environmentally sensitive areas Little River is named in each section of this code because that is what is depicted as the environmentally sensitive area of ELP out and the and the and the code that continues to be mentioned I thought you you you you had it right there he responded but but so so this is why so what it seems is that so you're going to say it again and he can respond the way he responded before and then you'll say that's not true and you're going to say what you're going to say again then he's going to respond the way he responded before and you're going to say that's absolutely not true you're going to say what you're going to say again and he's going to respond and he's saying look at the code also but okay we can so we can be here about the facts of the code but what I'm trying to say is is that until he says what you want him to say we're going to be playing tennis all night because you're saying cold he's saying I have the Cod right here this is what it says and you're saying no so okay so is it is it should I read the at least 15% of any L lot area must be retained in gra landscape that's that's the code now whether or not it's four 14% or close to that that is with another question which has not even been answered and is not is what is under that wood deck is it concrete is it natural surface that's not hold on hold on that would not hold on hold on you said nothing's being answered the Brownfield floor thing has been addressed this next thing is the code okay so you say what what what does it say in the code and I'm going to have you read what you what you see in the code let's do it again with without the wood decking it's 4% per via service so I don't know can can at minimum there be an answer on what is beneath the wood decking so we know if it's at least close to 15% but no before you weren't talking about wood deck before you were reading another part you about it was another aspect of the code what was the aspect of the code you want to answer before the envi this is part of the environmentally sensitive area which I believe that everybody here should be well versed on Con considering this project um but the it's uh the 15% of any L area must be retained in perious landscaped grass or natural covering including retention of native trees now durm separately re requested disapproval based on the trees asked for a followup there was no followup and the and and and so to say that like okay we're going to move forward with this based on derms dis approval uh seems a little backwards I understand that that's sometimes how these things work having said that this is not even related to what Derm what durm is suggesting durm is not looking at our elportal code he they're they're looking at General Miami dat Etc okay now specifically here we have El Portal code which specifically states that at at least 15% of the lot area must be retained in prvious landscape surface so again there's there's essentially none that is being left in natural grass or natural covering as you know what would be ideal um so then the question is with all of that wood decking included then we're um at a at still at a a percentage below the 15% plus we have an impervious seaw wall that is that the W decking is going on top of um and we don't know what the substrate is beneath the wood decking so all right so that might be impervious okay so so let me just say this so once again so when council president bbom started to speak he said the same thing durm denied something then they got up and I looked at them and said did durm deny you guys anything and they said no durm hasn't denied so again we're back at the same position again you're going to say one thing there there's the disapproval there's the recommendation for disapproval I'm sorry to to interrupt but there's the recommendation for disapproval here in in this document that I've sent to you durm is recommending disapproval of this application since the applicant has not provided information depicting the specimen trees as as preserved and as not applied for a tree removal permit to determine if the specimen trees could be removed this was back in August why was there no followup to this come and talk about DM doesn't differentiate between a site plan application and a permit application it was denied because it was incomplete okay all we're asking now for is a site plan approval yes when we go to durm with the actual application then we will have a comprehensive plan that will not be denied okay but there was no corresponding permit ever submitted to durm elportal required that we have the site plan go to durm for their review but they had to deny it or they had to recommend denial because there was just not simply not enough detail it was not a formal permit application so it's a totally different thing but but there there that's not what it said it said that it said that those that it was specifically related to the native specimen trees that are being removed I I think we responded to the comment those four your response is basically that the trees need to be removed anyway and they don't matter right I didn't say they didn't matter I just say that they're in an area where the the village itself would want them to be relocated at a minimum because they're on The Pedestrian walkway along the river bank but that that River Bank could very easily be incorporated with those trees with the natural vegetation not if you were going to improve the seaw wall no they're growing on the seaw wall if you want to improve the seaw wall the trees are going to have to be addressed they very well and that process should be done okay well that's what we're talking about I understand but you're requesting a site plan approval before that and that seems like you suggest go for a permit before site plan approval no developer would sens yeah nobody would do that go for a permit before the site plan approval I mean we're ask so again so again so again I think we're arguing a lot which you know I'm just saying you you know may be you know logical connection but I think we're arguing from the basis of I don't like this and there's an emotional aspect to it and then they're responding with procedure this is why this is occurring and there's not going to be a conclusion tonight I I understand that oh I'm sorry no go ahead go ahead and go ahead go ahead no I understand the procedure but I also understand that of course they don't want to spend the money it's in their best interest to get the approval first and then go and figure out whether or not this could be done but that does not seem like the right way to go about this for the village and I've been in construction I understand this process um and sometimes you do have to do that you do have to uh take carry those expenses as part of your cost of doing business to do this project variances tolerate we we can't present a plan for permit without site plan approval it's justly not tolerated here okay all right so so right now right now there's things that you're going to consider that weren't answered correct correct okay all right so Council there's things that weren't answered okay duly noted all right you guys can sit down yeah Mr Mr yeah go ahead and Mr Mayor if I just may you know you have competent substantial evidence in the record you have a favorable recommendation from your professional staff absolutely they've reviewed the the applicable criteria and the code and I I will State for the record that we do need to comply with all these durm regulations and if we can't there will be an adjustment to the plan and we'll be back before uh the administration seeking that adjustment to make it work absolutely if that's any consolation to you South Florida Water Management also in their last correspondence said that there were serious issues with the Cy well it just shows you we adapted our plan to address their comment understood but there's no further correspondence with with them we we're not developing a doc end of story that's what they said you can't because that's where they managed the they also said there was issues with the wood decking which is the main aspect of the open space obviously those things are you comply with throughing the permitting process understood but currently South Florida Water Management in the only correspondence which has not been followed up whether there's no update to that has said that there are major issues with it having said that also to note that the uh the the point about pedestrian views not being preserved um that was also a not not true in the way in which it reads in the in the code um it says that any Redevelopment of the canal front property east of the FEC railroad so specific keep reading to keep reading specific directly your property um shall not only meet the above but also preserve pedestrian views keep reading from and yeah and access to the canal yeah for those so the the end you haven't finished hav't access to the now for those occupying the adjacent building or building but that is a separate St the relevant part that is a separate statement it is for the benefit of adjacent property that is excuse me sorry mayor you also have other residents that want to speak on the topic okay I I'll just finish up very quickly um yeah in a company and I work with Asia and yes I have a meeting at 9:00 p.m I apologize just one point to help our friend Scott out um just super name name and address real quick for the record oh sorry Christy Copus 8501 Northeast 4th Avenue Road at this corner down the street I just want to say I said it last time like I will say that my our property like his property sits on that back corner we are probably the critical ones directly impacted by view noise all the things you already said it I support development I understand it I want what's best collectively for our community I do ask that to the extent that we can do this in an effective way right to develop and maintain the charm to the extent we can right that's our main ask and the foilage does act as a barrier right to those things I think I said in the last meeting that cista did when they turn those lights on like that was a game changer for us because we had this beautiful Oasis I accept it I understand it but to the fact that you know to the extent that we can minimize the impact right directly in our properties that's that's our biggest ask right so the foilage the trees you know along the lines of the the the the train tracks you know that that helps um and you know to the extent that we can protect the habitat of course you know that's that's important I think to all of us but I just wanted to add that thank you thank you for what you're doing thank you for trying to come to a compromise that that benefits everybody I know it's not easy so that in there thank you thank you thank you I appreciate that thank you um okay so I'll finish up real quickly um go ahead counc person life for war is it a possibility that we can put this on another it seems like a lot of a lot of open stuff got too many Lo we just keep going because this is this this is gone much too long for theit of the V this conversation has gone much too long for the benefit of the village it seems that everyone can identify that we don't agree and we need to agree but it's not in this session that we going to agree the two groups need to get together no pull it say what what what what needs to be done mayor if we if we do this tonight now you fill in the blanks they're never going to agree it's never going to happen so as council members as Representatives we need to just vote what we feel we should vote it's it's not going to happen you guys it's not going to happen I agree with that so they're not going to agree and if we leave any more time the questions will still remain it's going to remain 100% And they will morph but this is essentially the same conversation with that we're just kicking down the road and having these endless meetings it's not fair to the residents it's not fair to the applicants we have all the information that we we need and we need to make a decision based on the information that we have absolutely and what we reasonably believe uh so I don't think that that means that you guys should shorten the conversation I support the mayor running the meeting in the way that he sees fit but I do think the culmination of this should be some sort of finality for everyone involved okay I'll finish up real quick so so having said that I appreciate that um have but the only issue with that is there's I believe from my understanding of this that the site plans will be approved tonight um and therefore if there are issues with the site Plans by durm by South Florida Water Management that those site plans might change um as well as very serious issues being communicated by me and other residents um those it seems that it would be understandable to potentially GA be able to GA and and that's not I don't think an accurate or Fair statement that there is no middle ground I believe that that middle ground could be came to and I believe that this project could be done in an amazing way that will benefit all residents of Al portal as well as the barington brothers um having said that before I close this obviously we spent a lot of time talking about the environmentally sensitive area but the one question that I think that was very uh important is also about the the the clear 250 feet um part of the code that is is is is right uh adjacent to Z3 so um is that something that there's going to be any elaboration on or is there just you know that was brought up and answered like four times already like three times already you guys can you counc person council person bbom said the the distance um somebody else brought the distance and you brought the distance I think that's the third time they answered it from building to building uh been uh attorney Fernandez but can I just just a question of process if the maybe they understand that and they are for these several things including that the council uh you know persons will want to approve a variance to these things I'm sorry may I approach Mr Mayor finish the okay distribute this this will I think this will clarify this will clarify this is section 24b 17 I just that you are referring to okay I just wanted to finish my is principal building right Building height go to I'm sorry principal building building height and then the four story limitation maximum within 250 ft of Z3 applies to the building height it's not measured from the property it's measured from the proposed building which sort of makes sense because you could have a very large property and a building sitting right at the edge of it and one Edge or at another Edge and so the measurement is taken from the building and I'm happy to submit this to the record so I guess the question is for what I was trying to say before is that with these items including the stuff previously talked about including this topic um wouldn't the proper process be for that to request variances to those um and if if those were going to be approved by Council um and it's not a variance it doesn't apply because the building is sped that is not an that's an interpretation of that all that's it it says okay that's it that's it property line to the building property line to the property I mean public benefits program very clearly cannot anyse do we have anybody else 250 ft of Z3 not okay I'm sorry do we have anybody else with public comment hearing seeing none thank you very much Mr kber I appreciate it Mr Mayor can I make a quick response I'm gonna come to the council okay council person wi just wait for a second thank you everybody for your time I very much appreciate it and sorry sorry to keep you here but I do believe this is an important thing thank you very thank you very much Mr C appreciate it um seeing here nobody else from the uh audience uh do have anybody from the council I know council person Winters go ahead Mr cobri uh thank you for sharing your concerns about the project um I truly value your perspective and the care you show for our community we notice it I'd like to express uh your points directly particularly regarding the size of the building and its potential impact uh if you're not familiar just two blocks south of elportal there's a nine-story building between second and Miami Avenue uh it's right next to the CIT it's which is a commercial space that frequently hosts rooftop concerts loud music well into the evening these properties are even closer to some of our homes and the buildings being proposed here to my knowledge and correct me if I'm wrong there haven't been significant complaints about these buildings despite their size noise and activity in fact I personally own the property directly behind these buildings and recently received notice that they're building a 12-story building right there this changes our area inevitably especially as Miami grows what's important is how we guide the growth to ensure it benefits our community while maintaining the character we all value I also want to take a moment to acknowledge the comments made earlier by Christy Copus Christy expressed valid concerns about foilage habit of protection and how the N natural landscape helps maintain privacy and connection to the environment those are important points and I believe we should incorporate measures to address them as part of the development process thoughtful landscaping and preservation efforts can help mitigate the concerns raised while still allowing this project to move forward responsibly Mr cobri I agree with you that we need to approach this development carefully like you I want to see alal grow in a way that serves our community I would also like to see more commercial elements included in this and future projects mixed use buildings with a greater focus on business and amenities could provide much needed spaces for local entrepreneurs and enhance the services available to our residents the proposed building is smaller in scale than some of the nearby developments as I just explained and has some potential it has the potential to be an asset to our village if managed thoughtfully I believe the example of similar projects nearby demonstrate the developments like this can work when done responsibly with that said I believe it's time to move forward I would hereby like to proceed uh to vote on the project by here a second thank you very much um gu a motion by council person uh Winters do I have a second second second by vice mayor Martin um any further discussion from the council good hearing none Madam clerk for G7 please have roll call please roll call council person Winters yes council person life Woodward yes council person bbom this is not the exact property I would wish for however if wishes were horses then Beggars would ride um I believe my questions have been answered I will vote Yes vice mayor Martin I want to know more about that quote I really do uh let's delve into it I would say yes mayor Nickerson yes motion passes 5 To None all right thank you very much um let's go to G8 let's read that into the record real quick let's read that into record real quick uh resolution uh ga8 eleral the launch Little River special exception resolution of the Village Council of eleral Florida granting special exception approval for new construction of multif family residential at 83000 8316 8356 and 8358 Northeast Fourth Place in zone 5 urban center Zone in the village of albertal and application by the launch at Little River LLC providing for findings providing for conditions providing for appeal providing for an effective date all right and the reason why if you guys saw us huddle up myself uh clerk Jacobi the attorney Miss Hammond is because what he just did like read the whole thing he's going to have to do that for one through six that we didn't do so we were like oh when should we do it let's do it so that's that's we were talking about just so everybody knows like well we're hudding up or whatever so we have so look some of the residents we've already passed they're here here cuz K was like I want to catch them on camera like being here while he reads it so let's try to get through these all right you guys we spoke everything about the little the launch um do I have any questions to comments from the council I shouldn't Mr Mayor if if I may I think you should incorporate the comments from the past hearing into these two votes because it's the same project it's this no no it is this oh miss Hammond come to the I gotta do my Miss Hammond part yeah it's the same exact thing Miss hamus have have there been any adjustments um cont uh conditions to G8 there have not this is the same application in form as was approved at the planning board meeting all right thank you very much do you have any questions to comments from the council hearing hearing hearing none hearing none um do I have any questions comments from the audience all right hearing none Madam I mean do I have a motion to approve G8 move by council person life award second by vice mayor Martin Madam cler might please have a roll call please roll council person Winters yes council person life fo Ward yes council person bbom yes vice mayor Martin yes mayor Nickerson yes motion passes 5 To None thank you very much let's go to G10 you can read that into the record G10 for me please G9 or G9 G G9 G9 oh like right G9 yes G9 resolution G9 eler the launch Little River and street parking resolution of the Village Council of elel Florida granting variance approval for on street parking on a 50 foot right away for new construction of multif family residential at 83000 8316 8356 na e358 Northeast Fourth Place in zone 5 urban center Zone in the village of Alti and application by the launch at Little River LLC providing for findings providing for conditions providing for appeal providing for an effective all right thank you very much I appreciate that um M Miss Hammond have there been any uh conditions any adjustments there have been no changes since it was approved at the planning board meeting thank you very much do I have any questions or comments from the council does that mean that Mr Mayor yes coun does mean that they're going to park on the on the highway what was does it mean I mean I'm looking at it but it's not making a whole lot of sense it say something about um parking on a 50ft right away for new construction of multif family residential after that are they still going to be parking on the attorney Fernandez can fill in but it it allows for on street parking attorney Fernandez if you want to go through the details well absolutely well the the actual uh request is to allow the on street parking which is the way parking takes place throughout that entire area area all of those buildings in that area most of them are non-conforming and lack parking under the current code so they many people park on the street visitors park on the street we want the ability to park on the street because fourth place is a dead end uh in any case and only provides access to cista and to the launch those are the only two buildings that that would have service from this end of the street and so we're asking for the variance to allow the parking on that street because typically with 50 foot rights of way in the residential portions of uh the village they prohibit parking in those areas um is this in perpetuity yes yes okay all right any more questions to comments from the council hearing see none any questions to comments from the audience I hearing seeing none do you have a motion to approve G9 so moved moved by council person Urban do have a second second second by vice mayor Martin Madam cler please have a roll call please council person Winters yes council person life Ward yes council person bbom yes vice mayor Martin yes mayor Nickerson yes motion passes 5 to n thank you very much thank you very much appreciate that have a good evening next is G10 do we have to do G10 G10 um yeah still you guys G10 yeah go ahead reading your record eler to the launch Little River residential exceeding 50% of acreage new construction resolution of the Village Council of el pel Florida granting variance approval for residential exceeding 50% of acreage for new construction of multif family residential at 83000 8316 8356 and 8358 Northeast Fourth Place in zone 5 urban center Zone in the village of elal an application by the launch at Little River LLC providing for findings providing for conditions providing for appeal providing for an effective date M hams do we have any adjustments or I we did not this is what was approved by the planning board thank you very much do I have any questions or comments from the council hearing none do I have any questions or comments from the audience hearing none do I have a motion to approve G10 so move move by counc person life for award do you have a second I second second by council person bbom Madam clerk may please have roll call please Ru call council person Winters yes council person lifefood Ward yes council person bbom yes yes vice mayor Martin yes mayor Nickerson yes motion passes 59 let's go back to G1 and read that into the record this was um this was 256 Northeast 90th Street a resolution of the Village Council of velers sou Florida granting site plan approval for the construction of a detached garage in the backyard of 256 Northeast 19th Street in Zone 3 Suburban residence in the village of albertal and application by Freddy pen providing for findings providing for conditions providing for appeal providing for an effective date all right g1's not here anymore but um it's passed all right G2 we that into the record for us before you say that what what was the g1's vote do you know g1's vote for so we say it in of record do it was five okay yeah it was five 5 z um G2 garage enclosure 66 Northwest 87 Street at resolution of the Village Council of Vel Florida authorizing the approval of a variance for a garage enclosure conversion which does not comply with Section Five or which does comply was that no which does not comply with the section 566 garage enclosure which does that's right which does comply with Section 566 garage enclosure of the code of ordinances at 66 North W 87th street is requested by David Dawson providing for incorporation recital providing for an effective date okay did that pass Madam CL yes it did 5066 Northwest 87th street is not here anymore okay okay 5 Z G3 read that into the record for us please resolution from setback Hedges 401 Northeast 86 Street a resolution of the Village Council of upper Florida authorizing the approval of variances for hedges in front Z back which does not comply with Section 24v 15g and gravel in the swall which does not goow section 2422 I 1 at 401 Northeast 86 Street as requested by Augustin vales providing for incorporation of recitals providing for an effective date thank you very much we do have the applicant here camera very good very good shout out 41 uh vice mayor Martin voted no okay thank you very much thank you very much next one is G4 garage enclosure 100 Northeast 89th Street a resolution of the Village Council of Alberto Florida authorizing the approval of a variance for garage enclosure conversion at 100 Northeast 89th Street as requested by Giovani Rego which does not comply with the section 566 garage enclosure of the code of ordinances providing for Cor operation of the reses providing for an effective dat okay and we do have the applicant here wait for the camera very good thank you very much Madam clerk that was 5 all right 5 Z let's do G5 5 garage enclosure 353 Northeast 85th Street a resolution of the Village Council of veral Florida authorizing the approval of a variance for a garage enclosure conversion at 353 Northeast 85th Street as requested by Luis Glickman which does comply with Section 566 garage en closure of the code of ordance is providing for an incorporation of recy providing for an effective dat thank you very much we do have the applicant here very good Madam clerk what was that 5 z 5- z thank you very much have a nice night take care and G6 site plan addition 44 noreast 89th Street a resolution of the Village Council Vel pel Florida granting site plan approval for an addition to a residence at 44 Northeast 89th Street in Zone 3 Suburban Residence at the Village of Al Florida an application by Alfred vodka providing for findings providing for conditions providing for appeal providing for an effective date thank you very much we do have the applicant here thank you very much we appreciate you madam cler what was that 5 z 5- z thank you very much now we're going to go back down you guys to G11 so let's read G11 into the record L split 176 Northwest 88th Street a resolution of the Village Council V pel Florida authorizing the approval of a lot split at 176 Northwest 88 Street as requested by 888th Street homes LLC and approving the Miami day County waiver of plat providing for incorporation of recital providing for an effective date okay guys so this is basically just a formality so what happened was this already passed it passed at the Planning and Zoning level it passed at the council level they've been waiting for a very long time for this what happened was was that when it passed um it should have been included into that resolution um you know by the attorney that you know we accept the county exception and the county supersedes us anyway we have to accept it but it has to be written in there that we would accept the County's except County's exception of of what they're doing um from the plaque committee at the county and so this just goes back to putting that language that should have been there in the beginning in the resolution that's all this is it's already been passed there's nothing to talk about as far as should it be passed it's already passed and passed um it's already been through the county level so does anybody have any questions or comments about that from the council okay hearing seeing none any questions or comments from the audience hearing seeing none uh Madam oh no do I have a motion to approve G11 move by council person M foot Ward do I have a second second second by council person Winters um Madam clerk might please have roll call on G11 roll call council person Winters yes council person leford Ward yes council person bbom yes vice mayor Martin yes mayor Nickerson yes motion passes 5 to n okay thank you very much next is g12 the amendment to lot coverage form based code in ordinance of the village of Alberto Florida amending the form based code chapter 24 zoning L development code appendex B form based code article X definitions and terms law coverage providing for findings providing for conditions providing for repeal providing for incorporation recital providing for severability providing for scrip errors providing for conflict providing for inclusion into the code providing for an effective date all right between manager Lou and Miss Hammond um you want guys want to jump in and talk about this I'll let Miss Hammond take it from here because she this was her her baby yes I brought this before you as a discussion item um much earlier this year to um look at how we could better Define lot coverage and that is um in support of how we look at um our planning applications we had some instances where some of the development Community was kind of interpreting it differently and that created some instances of of our review and so we thought that um it would be better to clean up the the definition and um this request um again was brought before you as a planning board um it was um the recommendation was to move forward it's gone before you at first reading in February and now we're bringing it back again um just as a formality at second reading there were there were no comments and um everything was accepted as um I prepared okay do we have any comments questions from the council sorry what language specifically are we changing we are um adding that um impervious surface will be clarified to include to include all impervious surfaces and also to consider excluding um wooden deck um that wasn't specifically defined in the code it just said said deck um was was an exclusion and that um became an interpretation and we wanted to just just clarify that that it would only apply to Wood index because they are water can go through a wooden deck and that makes sense versus other deck materials which could be concrete or other impervious surfaces so we're adding just clarifying so the only single exception for a deck as a perious so all decks are impervious with one exception of wood deck wood andex correct yes uh uh I know that a lot of decks have been made with wood in the past but we've actually changed to a lot of other fake wood items made out of PC materials and other things but they're still allowing to drain the same way a wooden deck would would these be included in this correct that that would be how we would enforce it yeah if even if it's not a p PVC if it's not real natural wood then we would still consider that um the perv surface area thank you any more questions comments from the council well just a quick question just want to say thank you for bringing us uh closer to um a code that is less Up For Debate and less confusing so I know that this is something we've been speaking about for a while especially in the planning and zoning committee um so love that you kind of saw this one through and I definitely support us moving towards a clearer uh code and if I'm correct bisc Park uses this a similar analysis correct yes yes that that was kind of where I got the idea from perfect perfect so I think we can glean guidance from our neighbors it's been functional with them um you've done your research on the topic thank you so much for seeing this one through I support it whole heart Ed L thank you thank you madam vice mayor appreciate that um anybody else from the council okay hearing none any questions the comments from the audience okay hearing see none do I have a motion to approve g12 so moved move by vice mayor Martin do I have a second second second by council person Lightfoot Ward Madam clerk may please have a roll call please roll call council person Winters yes council person lifefood ward council person bbom yes vice mayor Martin yes mayor nerson yes motion passes thank you very much moving on to the reports M Madam manager if you could just say really quickly something I'm goingon to say very quickly um it is day 10 of December so we don't have a full month to report out but do know that we have lots of activities and lots of um projects that we are working on uh within the administration I do want to bring everyone's attention to um the Santa's Express gift delivery which is going to be on Saturday December 4 14th uh here in El protel from 6:00 to 8:00 p.m. there are three easy steps to Santa delivering your child's gift so please check the Village website to get more information it's going to be a wonderful evening with Santa uh helping the El pel Police Department um come to uh the community and and give um our community's children these beautiful gifts um so we we ask you to take a look at the Village website or this flyer about s Express and that is an initiative uh that is an initiative that uh vice mayor Daren Martin uh started last year it was such a roaring success that we had to do it again this year so be on the lookout for that um that's right yes so and another thing I wanted to let everyone know that the village has once again been recognized as Tree City USA by Arbor Day Foundation so we're serious about these trees and you know it's good to to talk that everybody feels the same way about them but um we have been cons assistent year after year with our fantastic tree board led by council person bbom um and uh with you know just all the members really um pitching in to ensure that we um we bring that necessary um element to the village and that we protect it so we have our 224 Tree City USA recognition and we did receive uh $10,000 Grant award from uh for the 2024 Urban and Community forestry capacity grant program so we just got that and um we will uh I will be meeting with um Robert ruano who is our grants manager to review on ways we can um spend that we weren't able to plant um for the last two years based on a a non-compliance um matter from the county but we'll still move forward we want to plant uh and we want to do it responsibly and re resiliently so um for now that concludes my report but please stay tuned and check the Village website for um my report which will um be um posted later in the month thank you thank you very much Madam manager um you guys see my report there if you have any questions everybody has my contact information call me text me email me for anything at all any questions comments about anything that you guys want to talk about all right um do do we have any attorney reports or we good Mr Geller just wanted me to say that we haven't been sued or we haven't sued anyone so that's all to report you very much appreciate that um and thank you for filling in we appreciate you my brother um good and Ware this is the last good and Welfare uh you have supposedly three minutes but I always give however long you guys want um for anybody to talk about anything at all I would like to uh speak about the manager report really quickly um I already spoke with you Madame manager about this uh you have the conceptual concept the conceptual Street master plan um I was viewing it with some neighbors and there's a lot of changes that's that they're talking about and I think it's a really great idea to have neighbors talk about it and go through it before everything is passed and we have all one-way streets on every single Street and roundabouts at every corner um this elportal streets.com is a really great uh tool that I see you've provided for uh the community is there a way that we can get this out to the community even more is a lot of neighbors I spoke with had no idea about it well what I can say is that um we held a a town hall meeting uh here uh the vice mayor was present I I know council person irban was present former Vice May Pella was also present um to and and even uh council person Ward but we had a lot of community members here um there was a workshop um they all participated in this Workshop there was a survey that was put on the Village website and promoted um this this has been going on for several several months and um based on the outcomes of the workshop and the surveys um that is where our um urban planner plac Seria uh was able to create this master plan so um a lot of members of the community were present um I know that mayor Nickerson even walked around with those um Flyers to alert the community and to give the QR code for the for the survey we posted it here on the website as well as at the Village Hall so we did leave it open for a significant amount of time um and I I did put it in my manager's appoint for several months as well so um at this point um it is on the Village website the conceptual Street master plan to be reviewed and went through um a demonstration at the planning and zoning committee I believe that was in September um or actually no it was passed through Council in September so I think it was uh presented in June or July whenever that meeting was it may have been June or even may but um it this has been a process that has been in the public forum for a while and um if there are some concerns or questions do um have you know residents reach out to me and we can maybe wrap um Mr mural lot who's with um um plac Seria into the discussion but these were things that residents did um want and requested based on those uh surveys and the workshops but this is not finalized yet right you're still taking feedback no it is finalized so all the streets in elport be one way no it doesn't have to be no but this is the the the resilient streets master plan but no all of them are not going to be one it's not yeah it's not so is there still room for our uh residents that did not uh go on the website and share their thoughts to still do it or is it already closed that part is closed okay but again if there are some concerns perhaps we can you know collect that and put it into some kind of report and we can present it to the planner to maybe consider if you want to amend it but again it was open for quite a while and we did Reach Out considerably to to encourage people to participate this has all been a part of our um roads you know we're we're trying to lower speed limits um you know change the look of the village and improve the mobility in the village as well as safety on the roads so this was was a a big part of that and and that there was considerable Outreach for that so thank you madam manager um any anything else for getting welfare oh just like a general and it's just a followup on the master plan I I do think maybe you want to sit with some of the Reps from plac Serbia and just kind of go over the plan and the purpose behind some of the decisions that were made and as far as like continuing to engage around the topic I think since you know some people that may not be familiar with it you serve as a great Hub to engage them get their Collective feedback but I think you should do that after you talk to plac Serbia and get the reasoning behind some of the decisions um that were made in the plan uh that's just my two cents thank you very much Madame vice mayor um anybody else for good in welfare okay uh hearing seeing none do I have a motion to adjourn so moved moved by vice mayor Martin do I have a second second second by I think I was council person bbom um all in favor say I I I all opposed say nay hearing none the uh council meeting for Tuesday December 10th 2024 is adjourned at 9:32 PM happy holidays everybody