##VIDEO ID:fRYVi7Bn5-Y## um is not going to be coming we can kind of keep it there and ask when we get there but just kind of be warned that I think F7 is not going to be here okay also Madam chair I would like to move um F12 discussion of zoning hearings signage procedure up to F1 because um I just think everybody here needs to kind of hear about the the zoning procedures with the signage and stuff while they're here so F12 would be the new F1 um F7 will be pending uh and I think that everything else is good everything else is good let's let's move F10 down to the bottom um I think that should be the last thing so F10 could be the new F12 F7 is pending F12 is a new F1 okay okay so I make that motion for um with those amended changes Madam chair sure do I have a second for that motion I'll second that all in favor I any opposed all right hearing no opposition that is the New Order of the agenda uh moving forward let's move to subsection e approval of minutes do I have a motion to approve the minutes for our July 9th planning and zoning committee meeting yes so moved do I have a second second all in favor I any opposed all right hearing none I will move forward to our new F1 which would be the discussion of our zoning hearing signage and procedure would Scarlet be leading Us in that okay okay yes um oops good afternoon good evening um in an effort to um kind of streamline the noticing process and make it simpler for residents um and we have Implement we're about to implement um a program where we're going to be handing um yard signs out at our planning and zoning board meeting so that um the me the residents can take these with them and it'll be filled out with for them tonight um so with the addresses the application type and the date of the meeting for um The Village council meeting and they'll take them and be able and be instructed to post them on their site five days before the meeting um begins and also take a photo and send the photo to us so we have um evidence that the the signs are are in the yards and in addition they're still going to be required to um Post in the um sorry um advertise in in a newspaper um going forward though we do have a a plan to make that a little bit easier on residents as well there's a a program now through the county where we're able to utilize their website to um advertise and not have to go through a newspaper so that is so good to hear thank you so much are these signs um reusable will they be returning those signs or they're looking we have we haven't implemented the program yet but it's possible they are they are double-sided so if but I think go issues awesome idea and great all right with that being I think we can move on do ibody so can I have forast 9 Street come up to thisi when you come to thei everyone I your name and address for the and then after you your name and address then I would love have Miss Hammond give us the staff report okay good evening everybody we are uh the the vakka family um my name is Diana molinares vakka it's my husband Alfred vaka we are 44 noreast 89th Street um and our kids Rosalia Jax Owen and my cousin is here with us hi everyone say hi can we get the staff report on this item please thank you thank you yes this applicant um the Vodka family is requesting site plan approval for construction of an addition to an existing residence located at 44 Northeast 89 Street the site um the property is 6,950 ft and it's currently contains a single family home built in 1953 the proposed residential use is permitted under the code and the proposed home edition is to create a second story that will be a total of 3,00 and the house will be a total of 3,361 Square ft it will eventually have five bedrooms and six bathrooms and they do propose um update to their facade the home was reviewed under the standards of the code and um found to be consistent as far as um all the development standards and no no variances are requested the um the proposed design however um gave us a little bit of um questioning as to um the consistency with other um homes in the neighborhood and included some inconsistencies in design elements that we pointed out in the report um including kind of varying roof types um windows that were a little out of proportion with blank walls and spaces and again um not necessarily in proportion with scale of other residences um so in that regard um the staff is recommending denial of this architecture and um between um the time that our meeting was originally scheduled earlier in this month the architect has made some revisions that he's has a presentation for you tonight if you would indulge him to show you some of the the changes that he would yeah this leads right into my question as to whether or not they would be okay with changing some of those Design Elements but I'm looking forward to seeing the presentation yes so if the architect could could come up at this time can can I um explain a little bit why we want to do this project and it's yeah it will be a good time after your architect presents and then you can go ahead and we we'll definitely give you a chance to okay yeah just no worries yeah go ahead well if if Miss Hammond doesn't mind are you okay okay well thank you thank you for the opportunity scalet to come back with our revisions um to start um at the beginning of this project we did like a survey of the neighborhood to determine the types of roofs the type of combination of roofs a combination of volumes that either have been in the past typical of elportal with typically have some front building maybe accessory building two story in fact next to this house there is exactly that case um as you can see here like uh right now we're V Village Hall combination of a flat and pitch roofs um that we have here at at this building as an example uh and you can see here the buildings uh of the adjacent house uh where you also have a detach two story inspirational to what we are developing in our building except that we're not doing it detached and the reason being is we're trying to preserve the air in illumination and Daylights for the building um and as you can see this neighorhood is a a sample and a collect of flat and Pitch roofs combined so we thought that it would be appropriate to I'm sorry um to interrupt is everybody hearing can can you guys hear what he's saying I don't microphone what about now better better you want me to start over you can no you can just continue I expected to say that so we started with the process of surveying the neighborhood for the combination of a pit and flat roofs also the railway you know buildings also have this combination it's very typical so we indulge in this design starting from the base point that is very typical in elportal to see the combinations of flat and pach roofs and the addition also is favorable in terms of Illumination and it's very compact is you know the addition itself the footprint of the addition is only about 600 square F feet um and it's two stories so to begin with that and then you see the diagram of the location of the house house with you know a collection of uh combinations of flat roofs and Pitch roofs so it you know also are providing a couple of examples of metal roof that we chose that is more common and becoming more common and also F sustainability reasons more popular and obviously trying to detract from the homes that have like this frontal Big Cube feeling which are kind of putting a a difficulty into the urban planning so I I know where where she's coming from and it's it's important to keep an eye on this because it's kind of changing the trajectory of the feeding of the city but I think we are very contextual and because of that um like scar would saying we are not seeking any variants we are complying with all the rules and um our site plan basically just shows here um compliance in terms of perious imperious and can I ask you a question I don't mean to interrupt but has there been any change to the rendering that was submitted yes I will get to that yes because we I I don't want to to cut you off but we do have a lot of people waiting so I will have to keep you in your presentation to like five minutes okay great right uh so following the the comments one of the things that U scalet observed was the the size of of the rear Edition and one of the things that we are doing is trying to keep um the design that we have before we're taking it a little bit further one of the things we're doing is uh we're uh creating a shadow line and changing the texture of the base of the building to create a the massing a the massing of the building also as you can see here in the frontal view we are creating a shallow line to break the rear facade it's really far back you cannot see it excuse me and if you can stop uh right there Madame chair if I may um um the the applicants W um swor in h they say we don't have to they don't have to it has to be on the okay okay mind so um basically we are also adding a a separation of volume to the house and these two lines as you see these two Shadow lines are supposed to break even further the volume of the addition and which is already broken up by the use of the two pitch roofs and we still keep the reference of the rectangle you know compared to the building next store which has the structure of the secondary building as a reference in contextual and then um obviously this translates uh to the rear of the building U small addition again when we're looking at the rear of the building the rear is the only side that you have this larger windows but also you can never see the side from the street and you can never they see the side you compared to other sides of the building and daylighting I think is very important we should encourage larger Windows because in Miami most times you are in a room daytime and you have to put on the lights so we got to be proactive about sustainability so large windows for me are a are a plus in any property and uh just to give you context of what it looks like um obviously the picture on the left if you're standing across the street across the street you don't see the building and the addition at all okay thank you and then um I only need like 30 second more okay yeah um and then if you see the addition um from let's say the front and to the other side um you you see it but it's really receding in the background so it's not really noticeable from the street compared to like the other building that we saw two stories right on the street you know so this is very contextual or also very um subdue to the context then lastly an image just for illustration of what this could look like um we added the shadow line that I discussed and the Tad darker metal roof for contrast okay thank you so much so I think a natural thing for us to do now is to open it up to the council then you'll have an opportunity to uh chime in on some of our concerns uh but I do have an initial question there Scarlet in your report there was some mention of the fact that there was that Center I don't know if it's a window or door that was like really parallel to the top of the the it was this the central window that was parallel to the top and I had a question as to whether or not that was the actual way that it was going to be once the property is done or is that just kind of the impact that a bad rendering is going to do it appears from the elevation that is the case but the roof is pitching towards the back so there's a good twoot space under that window okay thank you so much and I would love to know from Scarlet with in light of what uh and could you give me your name again sir ulyses ulyses in light the information that ulys just shared with us does that in any way change uh the cordino group's analysis of whether or not this does fit within the village I think that the design is is an improvement for sure and um the really again the only issue was kind of the the massing and scale of those windows versus blank walls he addressed that and um to um and then again again you know it met um all code requirements it was more of an aesthetic um concern um and again maybe to your point maybe the rendering um made it that Central Second Story window look really odd just kind of floating there and it didn't really do justice to the building so I feel you on that one does anyone else have any questions for Miss Hammond's uh on this item c um is there there's a pool already existing on this property is that okay with the deck all the way around is that right correct um so uh my first question really is just about lock coverage um and just to understand that um with the existing structures that are already there and the additional footprint of the proposed um addition the we're right up against the threshold of lock coverage is that right yes okay um but we are within correct yes it meets code okay um that's my only question for now wait until there awesome and now yes what would you like to tell us about why you would like this approve yeah I really appreciate the opportunity of course the TR passing when I'm talking but um um you know we moved to we bought this house when I was uh in training uh um I'm a physician at University of Miami and it was my second year in training and we bought this house before we had we had kids and our goal was to grow and I get emotional because all of my three kids were born in the house it's very important to us we don't really want to move but we are like literally on top of each other right now it's a family of three and sometimes we get my mom to help out and so she stays there so um we love the neighborhood and we have strong relationships with that too um we got letters from our neighbors that um that have SE that have seen the design and also have you know support the construction including the the next door neighbors that I feel so bad because you know when construction is going to start they're going to be like affected but they are like offer it they're also seeing um each one of the birth of our kids um so uh we what I'm trying to say is that we are really invested invested in the neighborhood we have been here forever we want to stay here we just need a little bit more space for our house and because we we love the neighborhood so much is that why we put so much we have been working on this design for a year um literally with two architects uh U is being uh the main one here for it uh but just to make sure that we met code including the codes that are coming up everything uh and I know the window looks weird but I promise it's not it's not like that it's just the the the optic from the uh one dimension design makes it look uh odd but it's it's not the case so we really appreciate the opportunity thank you so much and congratulations on like the growth of your family and just you know the realization of a dream I know how that feels um so now that the council has had an opportunity to speak on the topic I feel like everyone has had a chance to chime in is there anyone in the audience that would like to uh comment or opine on this hearing none I'll bring it back to the council does anyone have a a motion or would like to make a motion or can we make a motion um to approve this subsequent to miss Hammond's and the cordino groups um I have just one more question okay um uh so uh as far as we're talking about the mass of the of the addition right behind so um uh like in this photo I can I can see what you're trying to accomplish in terms of in terms of that recess right um in the uh profile in the profile of the house which I believe is the the West face can we picture it West face um in that mass of the addition uh there's two windows presently in the um in the drawing um I guess my question might be for uh Scarlet um uh okay so this is no that's that's the back yeah okay so I think what I'm looking at on the top is actually the east face is that right yeah okay West and top South at the bottom that is okay and G to go now East okay there we go okay I was just turned around a little bit okay all right so um Scarlet I guess my question to you is are we satisfied with those two windows um breaking up the the the that facade um that honestly that might be my only concern at this point is is is is that is that to amass I guess is what I'm asking well I'm not going to I'm bedroom on top and a on the bottom or something Master bedroom's up top um you're looking at right there would be the uh the bathroom on that side so the reason I'm asking um for your benefit and The Architects describ as well is that um when we kind of went through the process and and did an architecture guide right it's not a it's it's a guide it's it's simply a guide right one of the discussions in terms of some of the um like modern architecture was kind of an an avoidance of a monolithic wall right where there's nothing uh breaking it up it's just a wall so um so that's the only reason that's the reason for my questioning is is really to are we satisfied with with that that not being a monolith I guess right um in my opinion the window could be a little bigger to kind of be more in scale with how big that wall is but um but but I think it is an improvement over what before make weer for me uh in general I I want people to follow the code but I'm so very rare wary of infringing on on people's uh ability to aesthetically and functionally use their homes in the way that they would like to so um for Miss Hammond if everything else is AOK and doesn't need a variance doesn't violate our code and it's just Aesthetics is there any way that you can just work with the family to figure out a situation that is both pleasing for them and also falls in line with this yes absolutely we could definitely do that and and again you know they'll be before you again um to for at the council so perfect perfect and and does anyone on the council want to make a motion on this item I'll make a motion M chair I'd like to say one thing also awesome um I went to uh D voda's home and I went to the backyard and um I saw you know their home and and what what she's talking about how how it looks here is not how it would look at the home once you see the home like you you can really see like how it's going to look it's going to be wonderful so I really appreciate that thank you and your motion yes my motion is to approve uh approve the the project 44 uh Northeast Street um the addition um with the discussion that we had um with awesome do I have a second for that motion I'll second all right Madam clerk can I have the roll call roll call um member Nickerson yes member bbom yes Vice shair Pella yes shair Martin yes motion passes 4 to n thank you I appreciate it make the W look betterk you I'm sure it'll be fabulous all right moving on to the new F2 this is this is going to confuse me the next item is 256 Northeast 90th Street can I have the applicant come up and step to the podium when you get to that Podium please let us know your name and your address for the record Freddy Pena 2 uh Freddy Pena 256 Northeast 90th Street thank you for joining us Mr Pena can I have the staff report on this item please I'll give you a minute yeah no worries I know no worries we got a we got a lot we should have had some like U hold music a little little something keep it Lively okay thank you for that minute okay the applicant for our next item um Mr Freddy Penna is requesting site plan approval for a new garage at the property located at 256 Northeast 90th Street the applicant proposes a new pre-fabricated detached garage to be located in the backyard the garage is 1600 ft and does not exceed the allowed lock coverage for an out building in the rear yard and no variances are requested the the granting of the site plan approval as presented is in harmony with the intent of the comprehensive plan and and um compatible with existing residential architecture character of The Village and approval is recommended for the site plan to allow a new detached garage to be located in the rear yard of the property thank you so much for that report I'll open it up to the council does anyone have a question about this report concerns councilman orbal um how you doing good evening all are um uh is uh is the intention of this structure storage correct okay um V storage sorry vehicle storage okay gotcha um uh and then uh are there uh that's my question that's my question yeah I also do have a question because I know these item came um before us U few U months ago or about a year ago probably and the discussion was and the denial was because it was presented as a shed um and it exceeds the amount of you know what it's supposed to sorry it the the what the request was at that time was actually an error um and it was presented as an accessory dwelling unit okay and that does have a size limit um and the size limit for the garage as an out building which is not an accessory drawing unit is based on a percentage of the yard but your your Adu requirements are I want to say it's 500 square F feet so that would have exceeded and that a variant but it really is not an Adu it never was it just got presented incorrectly and got got denied got it okay that was my question thank good to know uh anyone else from the council with a question hearing none I'll go ahead and open it up to the audience does anyone question concern hearing none I'll bring it back to the council does anyone have a motion on this item Madam chair I'll make a motion to approve all right do I have a second I'll second all right Madame clerk it's your time roll call member Nickerson yes member bbom yes Vice Pera yes chair Martin yes motion passes 4 mon awesome all right moving on to the next item can I have the applicant for 149 Northeast 87th Street step up to the podium and once you get here give me your name and your address please good evening my name is Adriana aranguren the address is 149 Northeast 87th Street awesome I feel like I should have some filler questions for you but we're just G to take a pause while miss ham gets ready yes can I have the staff report please yes thank you um our applicant Adriana is requesting an a an after theact variance for a fence located in her front yard setback at the property located at 149 Northeast 87th Street their request is to remedy a code violation for an existing fence along this front property line of the property um she stated that um her justifications for a variance is to provide a barrier to protect the home from some criminal activities that have occurred on the property and she's listed several instances in her letter of request um the code does not allow fences on the property front front yard unless made of certain materials and limited to 4 feet and approved by a variance um the existing fence does not comply with the materials or the height and she's requesting a variance from the material and the height requirements thank you so much uh any questions from the council no Madam chair but um quick comment sure uh yeah I went by saw the the fence um I did also thank you for the emails and things that I got the emails and um all the things that she sent us um just showing individuals who you know kind of were creeping around the front of the house and things like that so I understand um and just kind of want to say I do understand the safety issue that she's discussed that's all thank you m any other comments I have a question sure um uh when when they whoever they were installed the fence um what was that process uh the process I mean they came they saw the the fence I mean where I wanted to put the fence would my my curiosity is why the company would not know to pull a permit and if they had pulled a permit they would have absolutely been denied so I'm curious about that well he said the the person you know the owner of the company he said we can request the permits after the fact and we can make sure to remediate it because honestly the the reason why we did it before going through the process it was because we had a situation that an a car a car was broken into the corner of our house and that person took a gun that the owner had the gun loaded when I knew that I was really scared because my husband he travels and I'm alone with my two kids so I acted out of fear out of desperation because I was as I said alone at home and then they came they saw my desperation and then he said we can build it and we will work our way to you know to remediate anything that you know we passed which was a permit and I wanted to apologize for not going through the correct process um but honestly it was out of fear and I I'm here to say that I'm willing to do anything that is needed and to work around to fix our mistake of not going through the right steps and in no way I mean we try to take advantage of anyone or do anything um you know to do harm to anyone else no I'm actually concerned that the contractor took advantage of you to be perfectly honest um uh he's really put you in a incredibly difficult position um so uh my real concern is that the contractor took advantage of you I'm not I'm not uh I'm not suspicious of your itions and and I second that as well because and it seems like you guys did have some conversation about a permit so to in some level you knew that you were you were building this without a permit yeah and and I told him I wanted to do everything I said you know as it should be done I didn't want to have any trouble no problem he assured that everything was going to be fine he's like no worries everything will be fine we'll go through whatever it's needed but we can do it now how long did it take to construct it to two days he did it in two days and then afterwards since you guys spoke about the after the fact permit did he tell you what you needed to do after the fact to get the permit yes I spoke to him when I got the notice I spoke to him he said no worries we'll do it thankfully I I was really scared that he would disappear but no he he's there I mean if I call him he will actually I think he submitted the pyramid and everything when I got the notice but first we needed then to go through the variance prior to the permit um so just for your benefit um uh having a fence on the Frontage of the property it I know you see them around at different points in the village um but uh they are technically not allowed at all um and so um as we discuss this here tonight I just want you to understand that's where we're essentially starting from and then we're going to have to parse this out and figure out what we are going to do about it but I just I wanted you at least understand that um that it's not um it's definitely not personal that's the point so yeah right and there's also no such thing as like the after workor permit like technically you're in violation okay and if the council decided to stick with the the letter of the code which is why you're asking for the variance then you would have to take that prence out uh and I think what Mr councilman herbal is saying is then I would have a serious conversation with the contractor that put it in without the permit because you might then have you know some recourse I don't know what it is um through them but like technically he well no for sure he did something that was against the code because you're not supposed to have either that height of offense or that material at all okay um so and I for one feel like uh if we expect people to follow the rules you can't reward someone who doesn't follow the rules with just kind of having having what they wanted that's my thought on it um I don't think it's your fault but I do think that uh it's something that you need to address with the contractor that told you that you could get a permit after of fact he he kind of just installed something that was completely against the law in in the V of elportal um that's my thought on it does anyone from the council have an additional question um no I don't okay can I open it up to uh members of our audience does anyone have a comment question hearing none I'll bring it back to the council does anyone have a motion on this item um yes Madam chair I'll make a motion to approve okay do I have a second is there a way to I mean maybe lower the the height of the fence and I understand the material is not the approved um but is there a way to try to work it out I think that would be another another variance right yes it would be a variance but that could be this variance could be amended um as the request would but straightforward though any attempts to put a fence across the front of the property would as going to require variance um so if the outcome of this tonight the decision is that the fence would need to come down you can still work with the same contractor but nothing else would be able to go up until a variance was accomplished and again I do just want to say for your own benefit um that um I'm now on the council for I don't know almost six years now um and I have never seen an approval for um a fence across the front there would be a discussion for um for height there the discussion is there the variance application is there um uh and uh and in the variance process the uniqueness of the property the uniqueness of the situation so understanding the experiences that you had right um and you know we live here so we understand that corner uh and the activity of transient the bus stop is just right there at the end of the street you know all and all of that activity so um there is definitely a discussion to be had there but I I I do want you to have that information uh to have a better idea of of kind of what you're walking into a little bit here with this so M chair if I may um I just want to say uh just kind of point out that you know we're at the committee level a lot of times we do pass things with conditions if we change like you know we say oh can they can they adjust this can they adjust that and then we get it to the council meeting and that's when I usually asked her like were there any conditions that had to be changed between usually the committee level and the council meeting does this me you want to amend your motion well well I think she wants to have first discussion of of if she wants to lower and how far would be comfortable for the committee to what level it could be lowered um that's her that was her suggestion so I just want to kind of point that out well there's a motion on the table I don't know if the lawyer I don't know what's the procedure I mean I'm I'm sure you know Mr Mayor but I don't know if it should be a Pointon of this discussion at this point or just proceed with a motion and then I think it didn't get a second I think it died okay right yeah and then we can continue with the discussion yeah it it died so we can we can have the conversation about so just because we haven't uh approved a variance of this sort before doesn't mean we wouldn't I think the real unique part of your property is actually like the traffic concerns that have happened yes um along that street yeah so in terms of in terms of an alternate design plan or otherwise um as far as coming up with that on the spot here is probably going to be unbelievably challenging because um I mean I'm sitting here initially the first thought I have is it couldn't be more than 4 feet if there would be anything there's no way that it would that there's no I don't see any path to having it any higher than 4 feet um now that could still be something that's agreeable to you because at least it's a physical barrier and you know right and so you know um uh but I know you had somebody in your backyard at one point as well is that right yeah um and then is so the I see the the hedges along the side of the property uh along the property line right so it already kind of creates on the one hand it's nice because you have some privacy there on the other hand if somebody's in your front yard your neighbors can't see them um so I understand that there's also you know the hedges are nice from the one point of view for privacy but on the other hand it would be you know it's also an issue so having that fully closed completely understand that as you go back towards the house do you have an existing fence on the sides that yes okay and they were still able to get into the backyard yes they opened the the it was just a simple latch and exactly and then he went in the house in the middle of the night and I also had a situation I several cars break in into in my car but not in my neighbors across the street I don't know what that's about my house or my cars but that's what has been happening and also I I shared the last video that even though I had the fence but it was opened on a Saturday it was my son's birthday we went somewhere to celebrate and we were coming in and out and some kids went into the you know even though we had the fence but it was opened they went in after we built the fence nobody has come in and and honestly my kids and I and my husband we feel safer and the kids I saw in the video that you had sent us is your is your kids is that right no those are not my kids those that's okay yeah so there were kids that they were on a bike they were roaming around they were inside the fence though they went in exactly because it was open right okay so because we we had my son's birthday somewhere near here and then we wereing I'm sorry and that represents a threat to you yeah that little kid that actually parked the bike by the fence and then went went inside to like I'm telling you this right right now I'm I'm campaigning and so I'm going door too and U handing out my my pamphlets and stuff and so so would you feel intimidated if I go up to your door to put that not at all that is different because you come with something which we had some people that even though they open the fence they come in to bring advertisement but the kids went in to check the shoes of my kids that they were left out there and I see the concern because his friend was actually out in the middle of 87th Street disregarding he was in the Middle with his bike like that and then I came to say I actually ran from the birthday and I just he kind of was like oh and he left exactly and then no he told me oh no I saw he was talking to you in the video no no no I came because I saw them in the ring alarm I saw it and I ran because I was 5 minutes away and then I saw them as well going in other houses and I told them what were you doing at my house he's like well I saw some Nike shoes out there they were very expensive for you to leave them outside I'm like they're in the porch of my house they're not outside meaning you know it's my house so you know that they were not giving advertisement they were just their taking out the shoes and then they saw them they're like oh it's too small and then they left okay so I do think that uh we have talked about this one a lot um I know the May it's a tricky one the mayor's motion failed I sense that you would like to speak with the cordino group about some iterations of this thing that you might want to present to the the committee at a later date so is there any other motion if the motion to would yeah Madam chair if I may Mr Mayor um would would she accept a 4ot fence um still having a barrier in her front of her house um that you know council person bbom kind of suggested that or not suggested but he mentioned would would would you accept that for foot fence yes but the height is not important for me right the height is not important for me honestly it's just having the barrier for me like a 4T 4 and 1/2 3 and 1/2 it's okay I just need to have that barrier that has given us peace of mind at night when I'm alone with my kids all right I understand that your H in traveling a lot I can understand that um Madam chair if I make a motion Madam chair I like can make a motion to um amend this fence to a 4ot fence and pass it through with that condition um moving to the council level all right do have a second for that and is is that motion also with the same material even though it's not in our code approve in our code his motion says same material just different height okay yeah is there a second are you are you muting or unmuting all right so it appears that that motion is died as well is there another motion that we would like to proper on this item no the the way I see it here is really the issue is the contractor the the issue is the contractor if the contractor had gone to pull a permit he would have discovered that he needed a variance they would have gone through a variance process there would have been conversations with the develop the the the um planners who would be able to uh find some path towards something right uh that could work so um again for your benefit the reason I personally did not second the mayor's motion is because we don't H there's a whole discussion that needs to take place between the contractor and the planner um and and have something that would be um uh even remotely palatable to the council um and so I don't see a path to a an alternate in this discussion here tonight does anyone want to defer if that's an option I I would if that would if that would help the resident move through through this and try and find something I would I I could I could handle a deferment make the motion I'll I'll move to Def I'll move to defer this application um to the next planning and zoning committee meeting all right do I have a second for that I'll second that mam chair awesome awesome Madam clerk can have a roll call roll call sh Nickerson I mean member Nickerson yes member bbom yes Vice chair Pella no chair Martin yes motion passes 3 to one all right I would just say get with the cordino group um and look at the uh the material that is allowed you know before yeah before we kind of but again it's not it's not just the material I mean the the reality is uh the reality is we do not approve these types of thing that's the reality we do not approve we do not approve front uh fences along the frontage we uh uh uh just to be so we've bought you some time if there is any path towards a solution here we've got you some time to and a and a path to try and solve that without the without the um the harsh penalty of of demanding that it's removed immediately and and all of that so so um it's but I would Loop in your contractor yes in that conversation yeah immediately yeah yeah so it um and he might have been acting in good faith because there might be we we have we have different codes in some of the other are so right so uh I don't think he did it in a in a it sounds like it sounds like he didn't it sounds like he didn't I'm sure he didn't but he he needs to be part of the solution so uh it it would behoove you to just speak to all parties necessary and see what you can come up with but as of now the height is in violation and the material is in violation it's not allowed and if you move around the village well the barrier itself the fence itself is a violation and I think if you move around the village you'll see that I I don't think I've seen well there's there's like some 4 foot like moving like there are some yeah there are some there are some properties from years ago that have accomplished putting you know something in and uh and any new owners are going to do anything different like those things will have to come out that they're they're not going to be grand fathered in but for you know question regarding the the suggestion for approval that it was given does that have anything that you know could help on on the building of the fence in front we'll find out uh at the next meeting okay so get with the Miss Hammond and your contractor and next meeting we'll we'll hash it out again thank you so much you we'll be moving on to 66 Northwest 87th Street can I have the applicant come up to the podium state your name and address for the record David Dawson 66 Northwest 87 street thank you so much for joining us Mr Dawson can I have St report on this thank you um the applicant Mr Dawson is requesting a variance approval for a conversion of a garage to the living area within an existing Residence at 66 Northwest 87th Street this is the first of a number of garage conversions that we're going to go through tonight so get ready um this site is 10,184 sqt lot and currently contains a single family home built in 1949 the proposed residential use is permitted in this zoning and the proposed garage conversion is to create an additional living space to include a den closet and laundry room the front of the home is not proposed to change although the garage door would be replaced with a new door and it would be conditioned that that complement the existing home um the home was reviewed under the development standards of the code and is consistent it's before you tonight as a variance because garage conversions are required to come before you as a variance application um just to note that um with this not being a usable garage for cars there is on-site parking that is provided in the driveway that could accommodate the parking and for that reason um we are approving uh recommending approval um with the condition that the replacement of the garage door is complimentary to the existing home and a second um condition is that I believe Mr Dawson is still owed um application fees to the the village that he would be required to pay before he goes to the next meeting okay thank you so much for the report uh does anyone from the council have questions I have one question sure um so do you have a design in mind for what the that front will will look like when it's done um or we haven't quite got to that point yet we were the architect actually drone in a rollup door but I don't think we'll go my wife doesn't want to go with a rollup door doesn't look nice so we probably have to go with like a popup or just two doors that open out and then the existing front door will still exist or you're going to you mean the front door or the garage door well so we're talking about a garage conversion to a living area right right okay so in my mind I don't see a door there at all because there's already the front door right next to it um the front door still imp packed okay so the front door will remain yes where it is but you are in your mind going to add the French doors or whatever a double open door to to this space metal doors or a rollup garage we probably go with a double metal door a wood door still using that portion as yeah like it's like four feet in front of of the garage that we're going to use for St use for storage I see okay all right any other questions all right does anyone in the audience have any questions or concerns about this item hearing none I'll bring it back to the council does anyone have a motion they would like to profer on this item I'll move for approval uh do we have a second second awesome Madam clerk right on time as usual I will give you a minute but can we please have a roll call roll call member Nickerson yes member bbon yes Vice chair Pella yes chair Martin yes motion passes for toight congratulations thank you now we will move on to do we for everyone's benefit do we want to remind everyone that there will be why don't you go the need to reappear at the general Council go ahead and do it so um uh there's a couple people who've left but for everyone still here if you would have your variance or your application approved tonight you still do need to move to essentially the same exact process that will take place in front of a regular council meeting um as opposed to this committee meeting right so if you have approval tonight you're moving out of committee and it's headed to the the full Council Madam chair if I may sir yeah you have to see the clerk so if anybody gets their thing approved tonight um please see the clerk um so that you can move on to the next that was a much better explanation M thank you and don't forget to post your signs awesome you guys you guys are all campaigning to be the new chair take a photo so basically I this is like so you would have to come to a hearing which will be taking place December 10th based on uh at 7:00 this is just the first phase the second phase will be coming to the hearing yes but the second pH is super easy so no worries next item is for 100 noreast 89th Street another garage conversion can you step up to the podium and state your name and address for the record please I also wanted to um point out that um there's a uh architecture plans that are in front of you this is um it's the one the ones that's only a single sheet is for this application okay thank you it didn't make it into your package I apologize oh no worries thank you so much name and address for the record please uh good evening my name is Laya velosa the address 100 Northeast 89th Street thank you so much for joining us can I have the staff report on this item yes this applicant giovana Oro is requesting a variance approval for the conversion of a garage into a living area of the existing residents at 100 Northeast 89th Street the site is 7,238 ft and in size and currently consists of a single family home built in 1947 the proposed residential use is permitted um and the proposed garage conversion is to create additional living space which will include adding a third bedroom to this three-bedroom home that that that is the only what what did I say wrong no I was going to say no we're going to do is just build a bathroom inside the garage but the whole garage will remain as a garage sorry I meant to say bathroom yes it's a bathroom I don't I'm so sorry it's okay um it's this is a third bathroom um for this three-bedroom home the front of the home is not proposed to change similar to the last one and the bathroom area um as proposed will leave the um 2third of the garage still open for other uses probably storage um the home was reviewed under the standards and found to be consistent with the code and again this is before you as a variant because that's the process for garage conversions and also off Street Park is provided within the existing driveway and we recommend approval thank you so much for that any questions from the council all right hearing none any questions from our audience our lovely guests hearing none I'll bring it back to the council uh does anyone have a motion on this item I do have a motion to approve sure a second I'll second Madame clerk roll call member Nickerson yes member bbom yes Vice chair Pella yes chair Martin yes motion passes for congrats all right next up is 353 noreast 85th Street can you step up to the podium and state your name and address for the record uh Camila and Louis Glickman and we're at 353 Northeast 85th Street awesome can I have staff's report on the item okay again um I also provided architectural elevations this is um this is the one that you should be looking at right now okay okay this um applicant um LS Glickman is requesting a variance approval for a conversion of a garage into a living area for the home that is at 353 Northeast 85th Street the site is 9,120 Ft in size and currently contains a single family home of 2,63 Ft built in 1937 the proposed residential use is permitted and the proposed garage conversion is to create additional living space to include a bedroom a bathroom and to the a third bedroom and a bathroom to this two-bedroom home the scope of work does also include as you'll see on the plans um enclosing a carport as well as a small addition of about 10 ft by 20 ft to create a closet area for this um bedroom area while these changes are part of the project and mentioned in the plans they're not part of this variance application because they're they don't need to go to site plan approval or they're not requ C in a variance for anything to do with an addition it's the only reason for the Varian is to do the garage conversion so um those plans again will will be reviewed during building permit and already they're found to comply with code as far as um the addition and lot coverage and things like that but again that will be further reviewed when they apply for building permit um changes to the front of the home will include filling in the carport area the opening and it will be with materials and colors that match the existing facade the home was reviewed for development standards and again this is only before you as a variance because the the process of converting a garage is required the site also does um have ample room for parking in front of the garage thank you for that staff report Miss Hammond any questions from the council all right counil or bom um so in the plans uh I know there's an existing gravel driveway um and it says uh so proposed gravel area for parking so in all of this is the driveway being changed at all it's just simply listed as that because it's already existing as a gra dri it's on the survey so yeah okay it's just listed under proposed is all that's my qu like so I'm looking at the satellite photos and I see that there's already a gravel driveway there um okay and so I'm just curious as I it's in um uh item C Article 4 table one um it says required in the proposed recommendation right under proposed it says gravel area for parking so that's just my curiosity are we redoing any part of the driveway no and I I don't see the proposed gravel on my plans it says existing oh that's that's okay I just no I don't believe that is part of the scope at all okay any additional questions from the council all right any questions from the audience Our Guest hearing none I'll bring it back to the council does someone anyone have a motion on this item I'll move for approval awesome do I have a second second Madam clerk roll call member Nickerson yes member bbom yes Vice chair Pella yes chair Martin yes motion passes 4 none congratulations thank you very much and Mr Mayor I know you said that F f8 may not be appearing but I'll just go ahead and and announce the address just in case is anyone here for 9,000 North Miami Avenue all right looks like they are not here so we will go ahead and Skip to 44 Northeast 88th Street can I have the applicant step up to the podium and state their name and address for the record that's for 44 Northeast 88th Street De good evening good evening good evening my name is wait my name is Josh rojus I'm uh I'm the representative for 44 Northeast 88th Street okay thank you so much for joining us can I have staff's report on the item yes and again um architecture is in front of you and in the last packet that I submitted for you um this is request if for site plan approval is for the construction of a new home at 44 Northeast 88 Street the site is 8,100 ft and is currently contains a single family home that was built in 1919 the proposed residential use is permitted the proposed home is to be two stories and will be a total of 4,944 square ft we'll have six bedrooms and 6 and a half bathrooms a two guard garage and a covered rear Terrace the home was reviewed under development standards and found to be consistent and no variances are requested the proposed design for the new home represents a contemporary architectural style with varies with more traditional Styles found in in the existing El pel yet the proportions and scale of the residents are compatible with the neighborhood homes approval is recommended for this construction of a two-story residence with conditions that a detailed grading and drainage plan be prepared by a civil engineer is submitted at the time of the building permit review thank you so much for the St report do we have any questions from the council Council urbal yeah so um uh so with the size and scope of this project we still feel that it fits with the surrounding uh or the you know the overall uh this seems like a outsized project is it not um I I know there are larger homes that that have um recently been approved and um in that do exist yeah one of them that is a matter I'm sorry a matter of interpretation I I would assume okay six and is this am I this is the one right six and a half bedrooms correct so what other properties in so what other six-bedroom properties are there in alportel I believe that that we approved um a new single family um early this year that was was that the one with all the amenities in the backyard it was so okay my question for the applicant is um so the one concern that I have I'll just tell you is that we're talking about one of the homes that's over a hundred years old um so just in terms of historical preservation on the other hand uh the garage variances that you've seen approved tonight we're talking about uh you know these older homes are small there's no storage in them I mean I my home's built in 1950 there's not a closet anywhere in the entire property you know um so totally understand the need uh for more space my my my curiosity about this project is who is going to be utilizing this property um uh my specific question is is this property designed for entertainment what do you mean by entertainment short-term rentals Airbnb oh no okay no it's it's if for a family like a new upcoming family that moves here okay yeah it's not uh uh prohibitive if I mean there's nothing we can we're not going to be able to say no just because it is a short-term Ral my curiosity about this project is simply that it seems okay let me ask you this all I see is one photo of a of a rendering I don't see any plans I don't see any floor plans I don't see I see so I'm I pointed that we that's the okay yeah we handed these out all right then I'll hold then give me a minute I'll okay sure yeah the issue that I have if I yeah the issue that I have with these uh plans that I I didn't see the renderings for the front uh facade I mean it does touches my heart being the uh being a a house one of the oldest house that we have in a portal being demolished to you know build this block house um but like um Council uh councilman Andre said there's nothing we can can do to prohibit that um it is just sad to see yeah no I I get small tiny house go and um so um for me it's hard to determine whether approval or not not seeing the the the front facade of the house and see whether I know he might comply to everything because with all the code and everything because you recommend an approval but um should be on page two of the staff report that's the back with a pool oh yeah you're right okay yeah I don't see I never I I couldn't see the the front facade um now um I'm also aware you're also the guys the you the builders that building the the Corner House over here Northeast third and 89 right uh 301 Northeast 301 Northeast 89 okay so that was I found it it's um sheet A4 but not a picture it's just like the yeah it's just black and white yeah as chose the elevation okay I mean we did send the the elevations I mean the the renderings to front and back okay I I guess I didn't get into okay it happens and I think I think it seems clear that the answer is no but I like don't like to assume anything but will any part of the existing structure be preserved in any way shape or form um it's an accept as of now no that's fine no no was an acceptable answer so I just for my own curiosity so I got four kids so I totally um I would be in the market for a six-bedroom house if if I had the money it could be yours if I had the money I said now I do see here elevation 8 is this the front of the house because it has the door a garage door has three big um French doors in on top yes and a big window and and the um so it's basically a square with four windows and a car um and a garage and a car garage okay right yeah I mean it's it's uh you know we had a whole extensive um what is it what was the plac servia did the whole you know Madame uh manager was a the design guide for you know so nothing was taken into consideration even though a 1919 house is been demolished and you guys didn't take any um suggestions for our architectual reference book to kind of integrate something arches or anything to the front of this house right we tried at the beginning but the the partners we were doing it with they didn't like it so we had to redesign it at the begin yeah okay so um so then this is this is not strictly uh like the company represent here tonight um this is not strictly their project this is someone yeah it's a going join project very good okay any other questions from the council any question questions concerns comments from anyone in the audience all right I'll bring it back to the council I just clarification remind me what's the um so we're talking about uh to the max 25 hot 25 ft height is that right sorry the overall height of the overall height yeah 26 I believe I see it as 25 ft I just want to it says 26.6 with an over overlay or over with a parit yeah parit complies yes it complies with 25 ft maximum yes so with the parapet it's 26.6 okay I definitely um agree with you guys I think this is different I usually don't don't like to tell people what to do and what looks nice cuz it it's so subjective um but a a home built in 1919 I mean I think there's something really significant about that so I don't know if uh if there is some wiggle room uh for the applicant as far as design is concerned um but I I hear the comments from the council and I also completely think that homeowners or investors should be able to do what they would like to their property and we have nothing on the books presently to impel anybody to or to to compel sorry to compel anyone to to do any preservation so yeah um uh yeah well that being said does anyone have a motion on this item does anyone have a motion deferment any I'll I'll move to defer this I I'll move to defer this I mean uh so I think this is an outsized project compared to what we typically see so there is some I believe we as the council need just a little more understanding of what the the um uh the footprint that we see here is pretty well the established footprint is that right yeah and even the design and the uh architecture the the the um Style is pretty well set is what we're seeing here is that right yeah okay um I'll move I'll move to I'll move for deferment to save them from having to from having to restart the application okay that's a that's a reasonable motion do I have a second for that second for The firment Madam chair awesome Madam clerk yes roll call please roll call member Nickerson yes member bbom yes Vice chair Pella yes chair Martin yes I think what you're hearing is that there needs to be a lot more specificity to what it is that is going up and not just you know this this picture and I know you submitted some other things but just by judging from the back of it I think you need to get with whomever is the decision maker and uh come up with something else right sound good yeah we we don't have a mind to just outright deny this application but there's like the like you're taking a math test there's not enough information to make a conclusion that's kind of where we're that's just for for your benefit that's yeah that's that's where we're at look forward to seeing you next time all right and there thank you so much all right moving on to 401 Northeast 86th Street can I have the applicant step up to the podium and state your name and address for the record good evening my name is Austine vas 401 Northeast 86 Street thank you for joining us can I have stash report on this item yes this applicant is requesting a variance for after the fact privacy Hedges surrounding the property um on the principal setback and the sidey yard setback at the property located at 401 Northeast 86 Street the hedges are kusia and that's a Florida landscape approved list of non-invasive the applicant is also asking for approval for a variant to allow the swell area to be of material other than vegetation the entire length of the approach consists of gravel along the length of the frontage um the justification that has been given um is that the hedges are needed as AIS visual buffer to screen the home from headlights and other nuisance activity occurring um on this corner lot they face two streets um the code limits hedges in the front to No taller than 4 feet in height and the side yard setback at the property line if no taller than 4T in height sidey yard Hedges are permitted to be taller if at least 15 ft from the side property line um the granting um of the variance as presented is generally in harmony with the purpose of the code um recommendation um for approval with conditions that the Privacy hedge screen should be maintained to be no taller than 4 feet in height and the gravel area in the Swale um shall not cover the entire Frontage of the lot the property shall have a buffer of some sort of shade tolerant ground cover that's because the applicant has noted that um it's difficult to grow grass in a shady area um so some sort of ground cover that would um be between the two driveway approaches and that would minimize the appearance of the entire Frontage of the the the property covered in in gravel material thank you for that report does anyone from the council have any questions or comments on this item M chair everybody okay you go first Mr Mayor um what you put in there because I because that property always if I remember correctly had hedges around it yes so what you added to it was not too much more uh than what was already there correct when you moved in no exactly we didn't I mean just just to clarify the situation uh we bought the house in April 2023 last year and we moved in only in April 2024 this year because the house was rented when we bought it uh we didn't do any change on the house the hedges were already there for many years and we didn't do any change on the property that's what I figured so they they didn't do any change because I'm always delivering fers to that house it's right over here in fors I know that house well so thank you for that that's yeah just to add to that uh after buying the house uh we received after two or three months uh a first not infraction regarding Hedges uh we were of course surprised we weren't even leaving in the house um and it was about the height of the of the hedges so we immediately uh trimed the Hedge we uh asked um the code enforcement officer to come and and and and see that we we made a change we had the green light everything was uh withdrawn the the infraction was withdrawn uh but by surprise again after uh a couple of months we received three other infractions on a property that we didn't even move in so it was uh something that was already there and and we yes it's always been there the way the house is always looked that way so correct yeah councilman yeah that was actually my question was when you know um when were they put in so um I mean and if that's if that's the case I mean correct me if I'm wrong but um uh but they haven't made any changes to the property so they would not be compelled to change the property um so in the event that you would ever choose to take those plants out and put something else in now we have an issue that needs to be addressed through a variance process um for me the L I have two concerns one line of sight because it's on a corner so um for both vehicles and pedestrians um uh just maintaining the line of sight because those the vegetation is just I mean it's right on the the street um it's it's right up against the property line and so like the satellite you know the the street view you know I'm looking around uh because the plants grow and get cut and grow and get cut right so that's my primary concern is the maintenance simply of the hedges and it sounds like you know you have a plan to accommodate that my other concern honestly was the gravel uh in in that reality but you're saying that you did not put that gravel in it's been there since you so you know um again unless you were planning on making a change or adding more gravel or doing something else to that design um until there would be a change uh you know applied for with another permit of doing something different I mean it would be at that time that the gravel would have to be addressed as as far as I know uh I'd be looking for any clarification on this from from ma Madam chair if I may sure um Council iron brings up a good point and I think that this is a point that a lot of people don't know um and this causes a lot of times a lot of issues which is you know under this Administration we now have capable code enforcement prior to this Administration we didn't have really good code enforcement so a lot of times people will get penalized for something and they'll be like well there's this house down here that has it right the thing about it is is this if you currently and like like I don't even the way he got caught up in this is a whole different conversation that I think is for another time because I apologize for this what you're going through but a lot of times you see homes that have things and they did those things before our current code enforcement came in hello hello are we I'm still on but before our our current code enforcement oh there we go came in for example if you for example are going to redo your roof your roof may have shingles it's out of cold currently right now but because it was done prior to this Administration when we were cleaning everything up we don't bother you which is why I don't understand why you got bothered we don't bother you but then if you redo your roof you have to then put it back in the current Cod so a lot of people will redo something thinking that they're going to put it back the same way and then they get penalized for it and they're like you can't put it back that way and they're like well it was this way when I moved in but it was out of cold but this Administration when when I came in as mayor I said you know what you guys we're not going to make people rip things up because we're trying to fix things now we'll let them keep it but the moment they change it they have to fall into the current code okay I think that's a big thing that a lot of people don't understand but like I said I apologize to you because I don't know why you're being penalized with something that was has always been there thank you madam chair not not a problem Cel Pella yes I do have a question thank you madam chair uh now the is with these um Corner um um Hedges is the visual point and um also they're not actually within the property line right they're Way Beyond the property line is that the case you mean like in the RightWay in the RightWay on the side of the house I didn't no I it's not my understanding that that street doesn't have a sidewalk so it's hard to visually to determine but if you go to the survey or you know you can see that yeah that they're they're way by the road and they're not supposed to be in that area cuz that's encroaching yeah encroaching into the uh right no they're they're not supposed to be even on the property line right and that's the issue right now 10 years ago like the mayor said you know people and I remember that the two previous owners to to you probably planting them four or five years ago a or uh or so and um and we didn't have uh a court inforcement you know officer going around um uh for I what I understand gravel is not grandfather inin uh at all so if he feels like is you know unfortunately you were tackled or you were you know cided because he saw it as many other um properties um have the same issue I guess he will go one by one addressing one by one um but um right now 10 years ago wasn't what it is now that you have a lot of families walking their kids strollers and these and they have no sight if a car comes in in that Narrow Street there's no way for them to go to either side because actually the house that's you know on the side of your house also has all these uh brelas and all these shops right above the U the uh the road so that's that's the only issue um with this uh side um uh Hedges that if they don't comply because there needs to be pushed back into their property line that's the only way that I will actually you know um side with uh applicant but right now as it is whoever planted them they're not they're not on compliance correct yeah so okay thank you thank you so much any other comments from the council uh I yeah I wouldn't want to be in that situation I think at the end of the day I we can all agree like that's not fair that you purchased something and then it's been there and then now you're kind of in this it sounds like really involved issue I don't know the half of it but but I do think that in addition to it being a situation where there's your fairness involved we also have to think about our vision for the village in the future right um and we do have a lot of small families like councilman par was saying a lot of strollers a lot of little kids toddling around I think it becomes imperative for you to keep that hedge um at a reasonable height so that you can kids can see if cars are approaching parents can Traverse the area quickly and get their kids to safety so we ask you that if it is uh the variance is approved tonight that you really keep an eye on maintaining that hedge in a way that it is as least intrusive as possible um and I think that that's my biggest concern around it at this point so with that being said I'll open up the conversation to members of the audience does anyone have a comment about this item seeing none I'll bring it up Madam chair may I just speak to the uh swell material sure so the next item on your agenda will relate to code amendments that are coming forth and so I ask that you participate um as a new member of the community um in the um item um I know our um planners will come up and talk about it from plac Serbia to talk about swell material but the gravel is not allowed because it is a safety hazard and I know that several homes in the village have this um you know we we just we're trying to figure out a way to uh have something in its place that is conducive to The Climate you know a lot of areas can't grow grass so it's not contiguous so just be mindful that that is not allowed but we are trying to figure out a way to have an alternative um material for you to replace that with so please participate yeah sure I I will participate and um no it's it's clear for for us I mean we we just moved in we we are applying for these variants to maintain things as they are we we're not asking for a change uh I don't know when the the hedges were planted we believe it's been more than five years because it was not the previous owners but the ones before um and uh regarding the Pebbles the gravel um I understand the importance of that um the only issue we we see is that um when we bought the house we had a a situation when the grass on the house was uh slowly and rapidly uh deteriorated the grass uh became uh yellow and dry because uh it's very difficult and challenging in the Sherwood Forest Area to maintain a good quality of of alone we actually uh invested um uh almost $2,000 to remove all the deteriorated grass and and put some good quality uh sod uh in some part where it was deteriorated and after 3 weeks uh it became the same as before so if we remove the gravel and we put some some some SS we believe it's going to be uh probably the same situation so this is something that a lot of people in Sherwood Forest have approached us with and something that plac Seria is working on as far as different materials I know stabilized gravel was one and you might be very interested in what's coming up next which are some options that don't involve you kind of throwing good money after bad like there there will be something some remedy that is unique to Sherwood for us because we understand that it is unique and it's difficult um for grass and those types of vegetative materials to to proliferate so with that being said I will go ahead and kick it back to the council I'll ask the council if they have any other questions on this item I have a motion oh great I love a motion what is a motion so all right let me think about this I move to approve this application with the condition that the hedges are maintained uh following the guidelines in that uh citation that the uh resident referenced in terms of uh keeping the hedges at an appropriate height also preventing them from growing out into the street and as a second condition uh to Simply uh maintain gravel out of the street itself and so if gravel's traversing into the street broom whatever it takes just to have it back into the property line that is my motion do have a second for that motion um one clarification Madam chair sure uh you said that um Council herbal according to the citation I think the citation wanted him to remove the hedges though so we don't want to say according to the citation okay yeah I was curious about that in fact that's why that in fact that's why I didn't say original citation because I don't know what the original citation said so I said okay so I will amend my motion all right I moved to approve this application with two conditions the first being that the hedges are maintained at uh at the appropriate height uh both vertically and uh horizontally as well as the second condition being the maintenance of the gravel within the property line great do I have a second for that motion second for that motion Madam chair Madam clerk can have a roll call roll call member Nickerson yes member bbom yes V Pella Sher Martin yes three to one motion passes thank you very much the next we're going to have is the discussion of the code amendments by plac Serbia plac Serbia there you go discuss discussion of code amendments we're going to leave the former F10 for last and this is f11 hi thank you so much for joining us Hi how are you great what do you got for us all right so my name is Megan mlin I'm with pbia um I have been with you all for about eight years I think and I worked on the original form based code that was adopted I think in 2016 um 2017 and um as you know like in the course of any code of the life of a code you've had some chance to um Kick the wheels if you will see what's working well where there's some need for some updates and so we have been working with Christia um kind of gathering those um kind of short-term needs and we discussed it I think the last time that we met that there's a number of um immediate needs and um identified code amendments that we are working on but we're also um have a process outline for the upcoming year to do a code update so if you'd like I can talk about a little bit about the schedule that we're um I would love to hear about the schedule just a brief overview is good okay so let me pull that up all right um and I and I'd love to talk a little bit about the overall scope as well so um it's going to be actually a two-year process so we've broken it down into two different fiscal years um we in the um 2024 2025 fiscal year we will be addressing um general you know doing a general review of context um you know making sure that all of those aspects of the code address the urban fabric all of the things that we were talking about the the architectural Styles um Community characteristics we all also want to make sure that the latest in sustainability is addressed in the code that those things are um updated and also just um do a cursory review of you know peer municipalities around see what the latest and their code um uh that their code content has and that those might be looked at as um things to be incorporated here we are also going to be looking at additional chapters within the code of ordinances right now there's you know elements of Planning and Zoning that are located in other chapters we're going to be reviewing the code of ordinance as a whole and just see if it might make sense to um reorganize or rearrange some of those so that things are more um you know contained within chapter 24 H in addition um if needed we will be restructuring but I know you know in particular you guys are very interested in certain topics and so I wanted to just go through those and of course if this is a good time to add additional I'm I'm happy to hear your input and then I'll talk about the schedule moving forward for public input all of that sort of thing um so the first item was reviewing the definition section and make sure that it's um accurately addressing all of the current needs in the village so one that has been coming up many times is the for instance common lawn as a definition that it's not um meshing correctly with the Miami County definition of lawn um the second was the exterior lighting ordinance and spillover Lighting the noise ordinance and again these are these are things that are kind of not necessarily in chapter 24 but that are you know things that affect your day day life here in the village um the special events ordinance um uh property rental and long-term rental H parking in the Swale as you discussed is a a very pressing topic and how can we address um meeting the needs of residents but also meeting the aesthetic and kind of like the community characteristics of the Village um the hours of commercial vehicle parking which is in chapter section 22 the driveway regulations in the zoning code again balancing that um Community characteristic with the the parking needs of residents updating the code to allow a pres a resident to plant a tree in the Swale without having to come before you maybe there's like a more administrative route for that um analyzing the fence ordinance because again that is you know really the majority you know a very common variance that comes before you U looking at if are there kind of like a consistent physical barrier object that could be used in the swales to prevent PE unwanted parking in the Swale and how could we do that in a uniform way um looking at the current business uses in the village so making sure that you know based on the latest business tax receipts is the code reflecting the kind of businesses that are coming in and um taking another look at fees permitting fees and whether or not that should be incorporated into the code and finally just um General cleanups Griers ER errors and that sort of thing so that's that that is kind of like the entry like what's being um anticipated for the upcoming year but again there's going to be a public process and um public input that would and certainly um the elected officials input that will alter that um so in terms of schedule right now we are in the preliminary analysis phase you know we're we're really we haven't really started yet we're kind of in the process of getting all of that research together and Analysis that um schedule probably go through December November and December and we would begin the public Outreach process in January and February so that's so public Outreach we're targeting like a probably about an eight-week time period and that can include focus group meetings um identified by staff or by elected officials and that can include um you know residents or if there are certain business owners um if there's Architects or developers working in the community that are you know you know have certain opinions on things we would meet with those groups um another way that we can conduct Outreach is just through surveys and questionnaires those can be web based that way you know people can can put in their input from the convenience of their home and um we will schedule and try to incorporate into your regular public hearing kind of schedules um kind of informational sessions and presentations throughout that period so we could be just placed on your agenda and present at that time um the next phase would go March through May of 2025 where we would be actually drafting those amendments based on again based on the analysis and based on the feedback we received from the public we would begin doing those creating those drafts by June of 2025 we would have um a draft document that could come forward to for public hearing and public review and we anticipate that process would run through through June and July of next year and the goal is to have a final document ready for adoption between July and September of 2025 and then um phase two would be in in the next fiscal year which would begin in October of 2025 okay and then I'm assuming you would give us the schedule for phase two at that time I think I think we yeah we don't need to talk about we don't be too far in the future yes but um you know I certainly I think it's clear to everyone here you know what kind of like the recurring needs are we're very familiar with them we've been working with you guys for a long time um and we have been keeping kind of an Internal Documentation of where we see those needs are we work very closely with scarlet and Corino you know to make sure that we're coordinated um but we're excited to begin we're excited as well my question about Outreach I love that you said web- based because I do think that we need to make sure that we are giving everybody a chance to easily chime in on the issue so I I love the web-based surveys would also love to know if there is a way by which we can have some uh informal like sessions just in different places around the village just easily some on a weekend some at night people are available different times but I do think that this needs to be a very uh resident villager driven process because I think we as a body know what what are the complaints that we hear all the time but I don't know if in that situation those are the real concerns or complaints or are we just responding to like the squeaky wheel right do we have a really good idea of what people are concerned about also do people understand some of the uh ramifications or concepts that we're discussing right like what is stabilized gravel this I had no idea what that was I went to the Perez Art Museum I was kicking around gravel I mean I think that I would love for it to be a very hands on um multi-level analysis I want that part to be super meaty before we just rush to draft a document that still doesn't work yes right the the real pain for me would be a year from now we have done this thing and paid this money and someone is still at the podium saying well this material doesn't work for me um so I would love for a more fleshed out uh Outreach effort I do think we can email blast we can send those things out but I do think there's nothing like actually having handouts people to discuss certain Concepts explain certain things so I'm looking forward to hearing what you guys propose as far as maybe newer innovative ways to reach out and on my part and I think the entire Council what we can do is maybe create some like informal circles from our neighbors or acquaintances to kind of discuss some of these topics um and make them more approachable uh so I'm I'm looking forward to what you guys are doing uh does anyone else from the council have a comment or a question yes sure um hello hi thank you for being here um uh so uh to be perfectly honest it sounds like a fantastic uh punch list uh to be going through uh over the next year um so you know after listening to that uh detailed plan um I would say uh first and foremost uh noise and then lighting um to uh chair Martin's Point um uh you know as far as the squeaky wheel issue right yeah so in terms of in terms of um drama between residents neighborly conflict right noise and lighting are the two that are absolute top of the list um and so uh uh in that vein um I'll just outline my primary concern going forward for elportal um if we can at any anywhere it's possible if we are able to write our own path forward and not always be at the mercy of whatever the count like we default to the county a lot right like it's just a we're defaulting to the county on on a lot of issues and my concern uh specifically for property values into the future for elportal is if if we end up 10 years from now just essentially having identical codes to the county then as the Cycles you know of property values you know they go up they go down so so in that cycle of property values um going up and down the more aligned with the county that we are and the less kind of um uh code that's specifically for us right right um then we're at the we're completely at the mercy of those Cycles whereas if we can have our own tailored code that gives us that kind of extra bit of uh of the ability to be on the path we we would like to be on then I think that insulates us quite a bit from those inevitable cycles and would preserve our property values in those downturns because of uh you know Sherwood Forest essentially needs its own code we I mean uh and then additionally uh you know uh with our infrastructure for storm water and things like this we have a lot of concerns in uh you know the Northwest uh part of the of the village that's not often talked about right um I it's talked about here in the council but you know the the squeaky wheel is sure would force right but we have other issues in other places that need you know some really kind of uh specified uh types of coding so yes so um so I would just say that if if if noise and lighting could be addressed just from the outset then that would buy you time because uh because you wouldn't have quite the level of drama coming to the office hey hey this is this is urgent this is you know man this so those are it's not just that the noise and lighting and squeaky Wheels it's that that's where the currently the drama lies right in addition to that you know we're looking for modernity right so um uh so I'm going through the noise ordinances that we have right now you know immun code with elportal right and most of it's in reference to the noise of HVAC equipment and you know there's a decel level chart but if you read it the decibel level chart does not apply to you know a noisy labor it applies to HVAC equipment and so and so um uh it's our own code is is just really out of whack with um uh with uh contemporary uh issues so and then lighting again um uh uh yeah noise and lighting are the are the two if if you were a if you were able to address those first uh to completion uh throughout all zones so that's the other trick right is uh is is tailoring these things to to all of the zones specifically um so you might not have the commercial vehicle outlines uh with the parking for um for zone five the same way you have for Zone 3 right so um so the more you know that's the goal there uh with all of these additions right is to is to have something that that matches with you know contemporary needs uh uh steps away from anything outdated and then if it's something oneoff that we need to really kind of maintain a little extra piece of control over within the village then then that is incredibly helpful so so um so overall I would say the more tailored code we could have for us the less from underneath the thumb of the Cy's directive that we have the better and then um just to buy yourself some time and take a little bit of the the temperature down uh noise and lighting noise being I would put noise and then lighting um and then um and then everything else will be fighting for third place after that but um I do think that might take a little bit of the the the pressure off and the distractions of no this needs to be addressed this need you know yeah those are the ones that really are uh that's where the drama lies right now I'm sure once those will be addressed new dramas will arise but right now that's what we're dealing with thank you councilman bbom councilman Pella did you have a comment no okay uh any other comments from the Council on this item uh this was just Madam I have a comment I'm not on the council but I I do want to reiterate that swell material is critical now that you know we we hear that every time we have a meeting and um in Code Enforcement as well as Public Works um we we hear that as a major complaint too so I I know um there are priorities from the council but I know that uh swell material identification and some kind of an Alternatives is critical to to the community as well so if that could be one of the first items as well that would be helpful perfect this is all great information I'm sure you're taking copious notes and we look forward to seeing what you come up with thank you so much for the presentation uh as this was a discussion item I don't think there's anything we need to do uh but we have come upon our final item for the evening which is the launch uh can we have representatives from the launch step up to the podium please and state your name and address for the record that was a discussion item we can hear is placera still in here will you be here during good and Welfare we can do it during good and Welfare U let's move on with uh representatives from the launch hello good evening please state your name and address for the record thank you so much good evening Ben Fernandez uh 200 South biscane Boulevard here on behalf of the uh applicant welcome thank you st report on this item yes the application before you tonight is the applicant is the launch at Little River LLC they're requesting actually several approvals to go along with this development um first of all the site a site plan approval in addition to that they seek approval for a special exception um as well as two variances for this property located at 83000 through 8358 Northeast 4th Place this site is currently a vacant site the site consists of a little over 1 acre or 44282 Square ft and is um six Lots historically the site had experienced some contamination from previous uses in the past and the project proposes today is an eight-story mixed use building consisting of 150 multif family units and 2,500 ft of future restaurant space the code requires that all development on lot lots larger than 10,000 square feet are reviewed persuant to a special exception approval so that's why this is before you tonight as a special exception the code also requires that no single use in a in a mixed use development occupy more than 50% the total acreage and this this um as you can see from the square footage that I outlined it it would um exceed that the applicant is requesting a variance for this requirement the code does not allow for on street parking on a thorough Fair Road of less than 50 ft wide and this proposed site plan allows for at least five of the on Street spaces to be included to meet the minimum require parking requirement needed for this site a variance is requested to allow on street parking along the west side of Northeast Fourth Place staff has reviewed the relevant criteria and that apply to site plan variances and special exception requests and has determined that the site qualifies for the recommendation of approval specifically the applicant has made progress to obtain green reuse area designation to assist with remediation of the the contamination other reviews from local agencies include Miami de County Department of Environmental resource management and South Florida Water Management District and the review memos um have been included with this application for your review finally a traffic review was conducted and the reviewer had several comments related to vehicle circulation loaded zone parking and vehicle turning radius at the North End of Northeast Fourth Place and the rev the reviewer also noted that the width of the roadway doesn't accommodate on street parking and the applicant is proposing a very to allow for this parking there staff does recommend approval for the site plan one of the variances and the special exception request and it is and recommends that the variants for related to the on street parking be modified to a variance request to provide less parking than is required by code um that would be eliminating um the on street parking and the the the site would be um deficient by five parking spaces um I don't believe that is significant um and that I would recommend that that um be the modification that that is um the site is located in every area where there is um good um coverage of major Transit routes and also a lot a lot of walkability in this side of the this town so um staff recommends approval with conditions that are noted in your staff report thank you so much any comments from the council Madam chair if I may sure Mr Mayor I just want to First say um thank you to developers thank you to uh Miss Fernandez um I'm not sure if anybody a lot of people know about this but you know in this in Tallahassee the State of Florida a while ago um passed the live local act there's actually Madame manager Madame manager we got uh contacted by state senator's office and I believe you guys have a a meeting coming up about that we do yes we're discuss they've worked with us under the live local act they can do whatever they want to do they've worked with us and they've compromised and I really do appreciate that because um other developers can come in here and say because of the live local act we're going to build as high as we want to with as much density as we want to and you can do nothing about it and we would not be able to do anything about it so I just want to say thank you for those compromises and we do really do appreciate it thank you madam chair any other comments from the council yeah so Council mine might actually be a little bit counter to the mayor's comment because the way I read this is they did take full advantage of density uh height um and uh a lot of the language in this is is um a lot of the language in this sounds like the village is responsible to the developer in an unbelievable number of ways uh more so than the developer would be responsible uh to the Village so I understand what the mayor's saying about um the reality of of the live local act um but for example uh where is listed in here as the two extra stories in exchange for $733,000 for uh the thing the the language of that is even uh uh intends to make right so so when it comes to the the the money off offered for extra height which I'm not excited about at all extra height on W on the on the canal uh just the shade uh just the shade from the building alone in terms of uh the effect it's going to have um on on the canal uh is a concern for me and so when it comes to okay well we're going to pay you for the two additional stories uh the languages intends to make a $733,000 contribution but most of the language elsewhere in the agreement is telling the village what we um must do to accommodate uh the developer so I don't see that there was there an option to go even higher than the eight stories we're do it we're at the max right of height you want me to answer that yeah yeah sure no there is not an option to go beyond we at that's right we're building as high as possible well that's your code provides for yeah uh right so um so uh my other concern is honestly I'll just the design so is this there's a building on 29th at Northeast Second Avenue just down the street down at 29th Street it goes from 29th Street up to 33rd I believe I think it's four blocks it might only be 32nd but you know what I'm talking about it's it was erected just within the past like um five years um and then there's another hotel down on biscan at uh 35th uh could be at 36th it's right there uh near the prime intersection of uh 36th and and biscane right it could be 34th um and so and so this design looks exactly like both of those buildings exactly like both of those buildings and so um so I do have a concern that while I think that this property will fit into like with the uh what is it the ATZ uh that's coming um uh the trans the transport the transportation zones Council urbam if I may has nothing to do with rt rtz is a more intense type of development in terms of density massive massive massive density is coming we're not we're not seeking a density increase beyond what your code already calls for right your comprehensive plan and your zoning code call for this and the design is brought to you by the barington brothers can and AR who are here who I think have a project that has been well received the cista I I've worked on many mid-rise projects throughout City of Miami and in Dade County I've got to tell you this is a quality midrise project if you haven't been inside I invite you to go and visit it's it's outstanding I agree so I'm I really don't know the ones that you're referring to and whether they're the same but I can tell you that the architect Evo Fernandez was here you know designed it to be consistent with some of the lines of cista but in the same time at the same time different in terms of the coloring and so forth so I mean of course you know architecture is a matter of taste to some degree but this is by no means a vanilla Building without thought put into it and a significant amount of movement which is what most architectural boards call for you know I go before the Urban Development review board in the city of Miami all the time and what they want to see is a project that has movement that creates uh fenestrations that responds to the surrounding area and this is I think a quite beautiful building in terms of the height it's cons it's it's a little bit smaller than cista not much uh but it's consistent with what your Z5 uh code allows which is six stories and then the benefit height is is a benefit height that that is provided with the the mitigation payment it's not even a discretionary it's it's a sh in your code so we're just following your code I totally acknowledge all that and what I'm saying is that that there was what I'm saying fairly clearly is that maximum whatever could be right taken from that code was taken yeah that's what I'm saying I I I want that to be acknowledged and on the table and as I as far as the design is aesthetically pleasing the design is aesthetically pleasing that's that's not my point my point is that as this density travels from uh so bua Vista right so Second Avenue from 40th all the way to 123rd That's The High Ground we all know that there's billions of dollars headed towards Northeast Second Avenue billions right it's already here they already own the land they're just waiting for approvals in the market to arrive right the the developers are already there we're just waiting for the market to arrive so as this massive density that is absolutely going to be on our doorstep within a number of years I see that the the uh you know they've erected the the scaffolding at the immigration building right so we have activity down there so my concern is that as this super density in just absolutely engulfs Us in the next 10 to 15 years less um that uh that this is going to just blend in with that that's my concern is that it's actually just going to blend in with that and what I would hope for El Portal is that we are are taking a a getting as serious as possible about maintaining our own uh completely uniqueness here because um uh we're just not going to recognize this place in less than a decade it will be unrecognized I I arrived in Miami in 2001 it's already unrecognizable this isn't the same city it's it's so completely different and so as I was saying with the the the pl Serbia in terms of our ordinances right the more we are like our surrounding areas the more susceptible we're going to be to the rising and falling of those Cycles whereas the more unique we can be the more insulated we are from that and so so you know the $733,000 is fantastic it's not uh you know I'm not dismissing it out of hand by any means um but uh but at the same time um at the same so I'm not a I'm not a this is my opportunity to express my concerns so I'm so I don't mean to to uh intimate that I am against this project I'm not against the project I just want absolutely every Avenue that we could possibly explore which is our impetus here uh be done so that it's it's not we have a wonderful project already from the same developers at correct so my concern would be that uh we fall into a pattern of uh of I don't want to be a rubber stamp um I want to think about this as critically as I possibly can we have one one shot at this it is a waterr property um and then I'll I'll I'll I'll stop my comments here and let everyone else talk but my La my last concern is that there's actually not enough commercial space in this in this building the 2600 square feet sounds incredibly minute um and so I I would be curious to to understand that and then my final question is is there any residential activity whatsoever on the ground floor of this building well you have the sort of the reception lobby area I mean living space I mean living quarters on the ground floor there is there are yes there's a ground floor absolutely I can [Music] have do you intend to bolster the seaw wall there um I'm Arthur barington uh representing the ownership and the property developer uh yes so we have actually already submitted plans with the Army Corps of Engineers and South FL Water Management District they've been approved to do the seaw wall the seaw have to be done first before any Upland development would happen so we have the initial approvals for the seaw wall improvements we're waiting to see if we can move the project through site plan approval then we'll be presenting those permit applications for the seaw wall to oport tall first um that all has to get done before we could do any on so for example Monroe County are aware that like they're uh I mean they're just ahead of the curve they've had to deal with it a lot longer than we have so what we're going to start seeing in Miami Beach for example is palaces built on stilts right um and so in that there's a lot of cating that's coming out that essentially prohibits anything on the ground level that would be near water because of the additional risk of uh the impact right so that that's my line of questioning yeah right um well just the seaw wall I think comes up about three feet over what is existing now we still we had to flush this out but I think we're coming up four to fiveish feet above existing grade I know at cista we came up about 5 feet on average from the finished foration to the prior existing grade so everything has to come way up okay um and do and have we done any in like so for you know the reason a lot of people are not allowed like I buy I buy a vacant lot I'm not allowed to just increase the height of that by 10 feet you know by piling dirt on it because of the impact of the surrounding areas so have we done impact studies on well that that's all codified and basically kind of determined by essenti you kind of come with the height of the crown of the road right and that kind of sets the The Watermark of which you can go up and below and what you work from so um yeah I mean we haven't really gotten into that with this is kind of you know yeah gotta coming down once you know if we're generally in favor of the project then yes we're going to have to comply with all those requirements and that will come with the permit application and and all of the reviews not only with with elport t you know durm and Miami day County Southport water everybody's got to weigh in on that and will comply with those requirements all right and I know you guys are uh you know uh you guys are the top I I appreciate the professionalism with which you approach your developments um and understanding that you don't have to uh you know operate at that level but I I don't want you to misconstrue my comments um I I do uh appreciate specifically the barington brothers level of professionalism and that you that you have exhibited um that I have faith in would be uh you know performed in this property as well uh for me I just want us to think so very critically as possible because uh this is this is one shot right we got one shot at get at at doing this and and having to be something that that does have longevity but I do believe that longevity and I mean your name is behind this and you proudly put your name on your projects and um and so uh I do have faith that that uh that that's how you're going to be operating I just want you to understand that this is my chance to to question everything so understand and appreciate that completely um you know we have uh never sold a development that we have built we've held on to everything so we we do put our stamp on it we uh hold uh Evo Fernandez and modus architects in very high regard and in fact we thought this was pretty cool so it does look it does look cool it is cool my concern is my concern is my concern is I've seen this building before that's my concern we've got you any other comments from the council yes I doc here if you um yeah uh to be honest with you I thought we were just going through the um just uh in uh the uh intention of the development agreement not you know about the two uh extra floors and all of that not approving the plans um which I see here here so I do have a few questions now when uh we mentioning um uh Scarlet um about the uh the percentage of the mixed use space that they're not meeting the 50% what exactly are we talking about what is what does that space for restaurant and um and possibly Cafe uh represents 20 30% because to the point of um uh Council uh councilman Anders is is the density right of the high density of residential part and not having a commercial and bringing more um jobs to the area you know and uh give uh people the opportunity to actually uh leave play and work in the same area um so I just saw uh you know the 2600 um square foot of uh possibly uh rest um allocation and and that was it um the other concern I have is on the U you mention here on the uh agreement um uh section 2419 environmentally sensitive area and you do site um 24b which is you know landscape and all of that but I don't see where um section C or D mentioning on these agreement Madame um manager if you clarify that um because by our code um you know the Lio the Leo R Canal bank reservation um any development per permit for the parel Abundant the river Canal shall be approved only if natural vegetation is preserved and plant in the matter of acceptable and the village developer administrator administrator who in turns might consult with the county right so we get that and the um uh you know anything uh be east of the railroad um should not only meet C above but also preserve pedestrian views and access to the canal to those occupying the adj adjacent adjacent um building or buildings so in other words and you know anybody from uh any any Resident of elportal can actually have access to the canal through that because that's a dead end um street right which I have no by the way I have no issues with the side parking because it's a wider Street and you know the fact that it's a dead end um that let's put that on my side at least but um the fact that these two sections are not mentioned on the um on the the velopment agreement is that an issue um and that might be a question for the lawyer or for the um village manager because a question for the attorney who negotiated this contract I I don't know I don't have that and I know Mr Geller isn't present but perhaps Jake yeah we'll we'll definitely take that under consideration review accordingly okay yeah because that's important because uh if if all residents are uh you know should be allowed to access the the canal from that area if the development comes up to you know well Mr P to answer your first question the reason that we're asking for the variance on the ratio of commercial to residential is because this is the Z5 zone property that is furthest from biscane Boulevard and it would see and it's it is closest to the more residential areas so it seemed that a smaller commercial component would be more appropriate given that it's it's more transitional in that regard um but you know to to miss some of Mr bom's points about how the area is changing the village is so lucky in my estimation the geographically the the natural boundaries that you have with a railroad and then the municipal boundary with the city of Miami and I don't know if it was plura or whoever designed the the zoning I think it was I think did a good job at locating the Z5 along 83rd Street removed from the the lower density residential areas so you have a natural boundary there I know you have of course the little farm trailer uh Park that will redevelop eventually but um but this is really on the edge of development where typically you want to encourage your your your more dense and your more commercial projects the only reason this one is a little bit less commercial is because it is the furthest North in the Z5 area okay thank you for that um now I do have another question and is in regards to you mention also here are an office here or the on the um intention of a letter of intention about the uh for example also the uh the conference room that only residents and you know can you have use of that space is that something that you know anybody else from the elportal can actually have access to If by or anybody from elport would be able to visit and patronize the commercial areas and visit friends that live there um but it isn't publicly accessible to the Waterfront no it's a you know I don't think if you were living there you wouldn't want anybody to be able to just stroll in either okay but that's that's where our code um calls for um on um section c for um you know surrounding uh buildings and and residents to have access to the canal that's what I interpret over here on um the section 24 I mean um yes uh quot um yes Point C now the other question I have is with parking because I know at the beginning there was an issue with the parking and um if we're actually going through the plans over here approving plans and whatever what is the um what is the the The Ledger of the parking because um we exceed the parking requirement but the Z5 excuse me but my question is with the EV parkings because I know at the beginning uh you only had a few parkings in the first floor and that was it and by code I think is we're supposed to have every 25 parkings how many of EV parkings per floor you know I I have to defer to that is a controversial issue Miami D county has recently used to require a certain amount of parking and my understanding is that now they are not enforcing that the state doesn't allow it the state doesn't require the it anymore so the county has stopped enforcing that uh but you can verify that through your Council of course but but we are we providing any we are providing some yeah we're we're happy to provide some just as a point of reference uh at cista we have 36 uh EV charger spaces in the building right they're only accessible to Residents the building is half occupied at this point 50% occup 140ish units are occupied we have never had more than one charger used in a day so uh yeah I mean I know this is kind of a moving Target right and we're going there but we are at this point we are very very amply serviced to deal with a massive increase in EV usage there there are five EV cars in my street you know so recogn it's a moving Target but just as of today this is where we are but yes we are planning to look we're planning to put in some EV charges we I if the code is adjusting on that we'll we'll address it but we will certainly include a significant number of EV Chargers in the building we think you have to okay thank you any other questions councilman ARB uh Mr Mayor were you about to unmute no it's it's you thank you very much Madam chair we want to say I appreciate um what everybody saying appreciate council person bbom um straight from the live local act live local act amended in 2024 first in 2023 Governor is amended in 2024 intended to address the state's growing housing affordability crisis through significant land use zoning and tax benefits let's keep going a second these tax benefits zoning and land use preempt under the 2024 Amendment the power of local governments they provide the state under the live local act and developers to to to determine whether the site is eligible under the new amended live local Act of 2024 depending on when a development started it's decided whether they are eligible under the live local act which preempts therefore the developer they don't have to automat L be a part of the live local act even under the amended version but it preempts local government so like I did when I thanked them the first time the developers can decide whether to abide by the local government's building codes and zoning laws or they can be they can look into and apply to see if they're eligible for the live local act that's newly amended after 20 23 but is isn't that involved more as a um like affordable housing and tax uh breaks and all of that that's because when when you first came to us didn't you say do do we want to do affordable housing and I then I say I don't really want you to do affordable housing because the way it would it would it would make the neighborhood and what would happen to the neighborhood and myself C every had this discussion we have we we disagree about affordable housing because I said I don't want a bunch of affordable housing at eler tow because I see neighborhoods where affordable housing goes into and I see how those neighborhoods look 10 years down the line and so when they first came which is why I thank them for not filing for the eligibility of the live local act there you go when they first came to us and matter we've working on this for about eight months well Mr Mayor you're you're correct B in in a nutshell if you provide 40% of the units as Workforce housing as that's defined in the statute you don't have to go through a process you it is a byright development and that that's in in a nutshell and I think AR chose to go through this process answer questions come up with a a quality design and and and and not relegate 40% of the units to Workforce you know their their market rate they're it's it's going to be a a professional crowd that and is beautiful um and thank you for that is a beautiful design now uh I do have another question as for the manager um how we come up with a come up with a negotiated price of 733,000 was it based on any um as I recall in those meetings it was based on the um the the size of the development the project and also the um the cista project in in terms of what was allowed how we negotiated that and because it was a smaller um yeah um considerably smaller 282 units with cista this is only 152 units yeah but in five years the prizes have uh of um has gone up um a lot in real estate and renting and all of that so I'm sure you're going to um you know profit from that a lot more than um but also the U I mean and I'm just asking this because we've been in the project to because of the monies of cista $1.2 million we've been working probably five years trying to come up with a solution for the beautification of the parks and all of that and the quotes you know the the proposals that we got was like $3.5 million so with 733,000 to provide for parking or additional open space is impossible um there's probably only one empty lot in a portal and I'm sure an empty lot is more than that because they already know the houses are selling for over $2 million so $3 733,000 to me was kind of like uh shocking to see uh uh based on the today's market and uh and the reality that we we're facing $733,000 doesn't even cost us to actually just put saw on top of the Indian Mount over here on shedwood Forest that's needed because it's uh eroding um so it cost us more than that so that's why we have actually being able to um we can probably complete some some of that money with the rest but 733,000 um that's why I'm I'm asking how you know because I know we don't have a um this is more like a development agreement it's not a a an impact fee uh whatsoever but uh I'm wondering to find out how was that calculated well if any any of you can well I can just add that those comments were made in that meeting like that you know we were hard pressed to even um do these um Renovations of these parks with the funds that we had but again the dollars added to a certain amount and I pushed but you know we we had to negotiate and and so we had to come to a a mutual meeting and that's where it land it so essentially we're assigning dollar amounts to the benefit Heights right one story the seventh floor per the code we get by right because because the project is a Brownfield and we will go through the process of of the cleanup so we get the seventh floor by right so it's essentially the square footage on the eth floor how did we come up with the number well this is kind of a market-based number in today's dollar so we had a relatively recent number from cista which kind of set a historical example they all kind of similar size municipalities in South Florida have dollar amounts for this Square footage number and you know we came up with calculations based on Market rates what other municipalities are paying what we previously paid and you know our number was quite frankly much lower when we presented the calculations but uh you know mayor Nickerson and manager Alo insisted for more and and that was a number that uh that was settled on so but it is based on I mean I don't think you can reasonably just pull a number out of a hat right I mean we're looking at a square footage amount a specific number and this is what it's paid for so um it's it's a very reasonable yeah zero zero yeah yeah Z so I think to uh to Mayor nickerson's point about the live local act and this is not a a track that we're planning pursuing but I think what he's getting at is the Liv local act gives us the opportunity to just bypass site plan approval and any Planning and Zoning hearings and just deliver to you a set of plans and we have no interest in doing that we are very interested in working with you and trying to come up with a project that everybody can feel good about yeah it sounds like we're not talk it sounds like I'm not saying really discussion wasn't about two stories that that's very helpful to understand that the seventh story was because of the Brownfield situation that I mean that that's really the answer is that it's not really it's really not a fee for the two additional story it's really a fee for one story correct that's very that's incredibly helpful to understand that thank you for articulating that yep any other questions councilman parella uh is there any comments from the audience does anyone want to step up just have one more quick comment one second before we open it up to the public so so as far as the height like it's you know I get out voted every time on on height right like I I'm someone who believes you shouldn't build above the tree lines like legitimately and uh I'm not I'm not in favor of exclusivity however there's times where things have to be exclusive so in my opinion like uh if there wasn't air conditioning there' only be 300,000 people living south of Orlando right um uh but there is air conditioning so we have 18 million South you know uh you know from the bottom two-thirds of the state 18 million right um I really think it'd be around 300,000 500,000 if we didn't have air conditioning so so you know uh I understand I'm going to get out voted on the height issue and I'm feeling better about it after the explanation that hey we're going to get the seventh story anyway because in my mind I'm like well the two additional stories in the summer when the sun's further south then everyone along the canal gets their Sunrise delayed by hour and a half almost right and so um so uh those are the things I think about in terms of like you know uh Shadow uh fields and um and and literally the elimination of the Sun so um uh like Denver Denver is a great City but if you ever spend time in Denver you're never going to see the sun um because of the density of the high-rise and things like this uh and so my concern for my in general with the density that's coming is that no one's going to see the sun anymore uh in Miami before too long the closer you get to you know Brickle downtown in that area so so uh I just want to articulate what my what my concerns it's not just an arbitrary concern but understanding that the seventh floor is there anyway uh you know then I'm I I can I can I can get over the fact that there's just an additional 10 feet beyond that because those the first 10 feet were going to be there anyway is what it sounds like so so my original concern was an extra 20 ft to even 25 ft depending on what you know uh the the top of the building is is decorated with right so um understanding that that uh you know it's really when really talking about 10 feet then then I'll I'll be feeling a little better about that reality and understanding better how we've arrived there so good to hear thank you councilman ER Bob uh I do think that we have to be very uh you know clear and intentional with what we want uh we've always stated that um um along that Corridor we would love to see some increase in density we would love to see some addition of commercial spaces where people can essentially go out to eat they could live they can walk along a prominade we've said that we've we've said that we've wanted these things um and I do think there's a difference in Zoning for a reason right elportal Still Remains elportal even if that zone five is built up in this way right we have the our largely residential area the houses look very distinct we have distinctive signage um and I think we as a body up here do a pretty pretty good job of really maintaining that and paying homage to that because we understand what makes us different but we also have to move with the times and understand that hey if this is where we see things heading um and if we can take a a queue from where we see legislation being passed down is now not a good time for us to uh have a partner where we can in a sense have these conversations I think your conversation about uh the amount that were're being compensated and the all of those things I think those things are valid and I think that if you have a partnership already that exists where people are actually at the table and kind of discussing these topics I think that's that's a benefit and I do think that we need to bifurcate our thoughts on elportal as it relates to Z3 versus Z5 because we want to see something very different elportal very much so can still be elportal still be distinct with Z5 built up in this way and as far as the look of the building Aesthetics are very subjective because I think it's cool as well I think it looks really good um I I think it flows very well I think it will look visually distinct love the fact that it is not going to look like the cista because then it just looks like a super development um and I think less curated and more problematic than it looks uh right now so I mean live local act no live local act I share your thoughts I have no problem with affordable housing but um I do think your your questions are valid and I think there seems to be a partnership at hand where you can express those conversation those desires so I think that that's that is very valuable but we need to think about Z5 differently than we think about Zone 3 um there's no iteration of the world where zone 5 is not built up in some way at some point in the future um it's great that this is something that maybe we could live with so with that being said I will open it up to the public I know that I had one public comment at least can you step up to the podium state your name and address for the record thank you so much I imagine there will be questions for you so I might call you back up to the podium absolutely thank you all righty what one at a time please oh no she's not coming there you go I thought can't come up together oh are you guys together yes okay sure I I guess there you go I like it a group effort State your names and addresses if they are different for the record I guess even if they're the same state your name and address know Edward odash 400 noreast 87th Scott cobri 8525 Northeast 4th Avenue Road Ariana V 8525 noreast 4th Avenue Road thank you so much your comments all right uh there's some some things being passed out right now um so one of the uh sorry yeah just okay um so one of the biggest things that uh I had uh came up and when this initial meeting was cancelled uh last time um I had you know posed that some of these questions um and uh Mr Mayor responded to me um and let me know about the live local act um and I did um look into that uh very deeply um and so the the first thing that I want to address is that um I have some questions about whether or not the sort of assertions that they can use live local act um would be correct because there's a lot of basis uh and sort of assumptions being based on that um so in this document um which is being passed around um there are uh basically some some notes here about how Bas so the cista was the uh eight the eight-story building that was built um and the way that the live local act Works um is it essentially says that within the municipality um or um within within the local jurisdiction um or within one mile or three stories whichever is higher um so as a result of that um they would be allowed based on the cista the because the cista is eight stories having said that um it SP 328 also clarifies that the highest currently allowed density and Hyper Provisions do not include any building that was approved under a previous version of the bill which was the 2023 and the 2024 Amendment uh because of the fact that there's been a lot of push back from uh single family residential and local M municipalities about this um the 20 24 amendment has gone to say that um that it also uh would not that the high is currently allowed do not include uh any building that has received the bonus variance or other spec special exemption for density um so of course the cista used the public benefits program um in order to get those two extra um stories um and thus if cannot be used as a comparator site um for the live local act to apply um having said that um it appears that the Liv local act would not be uh applicable here um and thus the elportal code uh it would revert to what the existing elportal code is um so and and and I just wanted to address separately because this is is actually not in this document but this came up uh just a few minutes ago um I had came up here when the uh brownfields um uh portion of this was approved um and I had asked specifically on record the attorney um and the attorney told me that there were no special uh you know exemptions or or benefits that were given without public knowledge um to the Cava so that seventh floor um is uh definitely question questionable to me that that was something that was allowed um so having said that if the live local act does not apply um then our current elport elportal code um says that the uh that the maximum in in the village is six stories um now on the river being that it is an environmentally sensitive area um that maximum height is four stories um I'm sorry not not because of the environmentally sensitive area but because it is in 250 ft of Z3 um there was a measurement done uh to a property of of uh of uh a close prop single family residential property and the property boundaries are uh within 250 ft um so therefore the maximum height should be four stories um and it also goes to say that there cannot be a public benefits um uh bonus height allocated uh on when it is within 250 ft of Z3 um so these are you know questions that we wanted to inquire about um and make sure that you know the village has done uh you know the proper analysis with respect to these to make sure that these things um you know are are within our code whether or not live local act actually does would apply or not um and whether or not you know the they can even build a above four stories um so uh then as as there were some other things that were mentioned here um already with respect to the environmentally sensitive areas um which uh there's several aspects of which um are seem to be being circumvented um there I had been told uh by an attorney that I spoke with that there was that the they uh environmental issues environmentally uh sensitive areas um cannot be circumvented in any way by live local um so uh that that would not be things that so pedestrian access you know pedestrian view access um as well as natural vegetation 15% uh perious landscape uh natural vegetation grass or other natural vegetation those things do not seem to be being done in the current in the existing site plan um it seems to be all concrete and um you know maybe some wood and and that sort of thing but it's certainly not natural vegetation um and the reasons for those are because this is a very environmentally sensitive area we have here the Little River conserv um FIU is heavily studying the Little River as it is uh you know a a major uh waterway that enters into little little uh into biscane Bay as well as being one of uh two or or three of Miami's natural Rivers um so it it's a very important Place uh there are it's a manate sanctuary um and and breeding ground uh there are manatees everywhere in there as well as birds that are flying by um that use that as a Flyway um to go past so regarding um the height uh especially considering the location of where the building is uh directly on a sort of as the river curves um that would be directly in the Flyway of many of the birds that are going back from the Everglade every single day um and as you can see um there are um essentially development human development buildings of this nature are one of the biggest killers of of birds um so and as well as removing their natural habitat uh for nesting and feeding on the banks of the river which is already extremely limited um so regarding uh the also the the variance that um that is being requested uh it's sort of on one hand it's being said that it is very close to residential and thus uh you know the commercial aspect of of it is not as imperative um and that also is can be argued that because it's so close to residential um of course the high and other aspects of that that has been obviously noted by by the developers team um but also I think the the sort of intention and the point of of why the mixed use and that 50% rule exists is because we do want to you know H generate uh you know the type of environment where restaurants and shops and other things of that nature uh can be there not just additional presidential I think that was the the sort of purpose of why that is in there um so the variance uh in itself is I think uh something to to strongly think about um and um yeah so I'm going to let uh good evening uh Council and uh staff and developers um you know I had a whole different approach for this uh leading up to this meeting and I'd love to invite you guys to come through Shard Forest during the day sometime you know what on on your own time when you when you have a chance to park over here in the lot and and take a walk through and take a look at the sky that comes through the canopy over there and look at your surroundings we've got uh two Mounds actually one of them is the the celebrated uh Indian Mount uh and the Little River right over to the off the shoulder 85th Street um I know I could wax Poe poetic about this all night but um in reality this area is very special and uh and near and dear to everyone who has moved into that particular part of eleral and the skyline's going to change eventually over time we we know that's coming the precedents that we uh that we set today are going for you know going forward are going to affect the future of elportal we want to remain a leader in the community not a follower like um what we see happening in Edgewater Midtown and North Miami um I would just urge you to take a look and and and and give that some consideration we're rich in uh biodiversity there we don't have any embankments along our part of the river I think Oakland Grove is the only uh Municipal municipality that does get that but uh it sounds like you're going to be reinforcing the seaw wall over there that's great that's excellent news because as you know they degrade over time and they need to be replaced and especially if you're going to be uh building over there you're going to need to reinforce it um it is very interesting to note though that your building is actually the tall will be the tallest uh structure along the river uh period going east to west even if you follow the canal all the way out to the Everglades where it joins every other canal and goes North toward uh toward uh okobi um it's going to be the biggest one and it's at a really critical juncture where it bends and goes toward a Floodgate and then empties out into uh biscan bay we actually have uh a huge migratory population of uh ibises that come through here um you know they follow the flight path of the river well they use the I'm sorry they use the Little River as their flight path to get to uh bis game Bay to nest in the rookeries every night so it's it's fascinating to watch and see I don't know what the impact is going to be of uh of having an eight-story building right at that juncture but it would be worth uh investigating and looking into I think uh going forward just because um we're we are a bird sanctuary we we do try to protect our natural habitat but um you know I I actually have some questions directed toward uh our our government actually our our Village um as far as the funds go that come from uh public benefits what do we uh where do we see that applied to um the residents the parks Etc is there any specific designation for this or is this something that's being looked in looked into so for any development agreement so for the development agreement that we have with the cavis development for this current development it's not so we haven't had anything from this current development that we're talking about tonight um the last of it I'm going to get to your your question in a second the last of it we just got we just got the the remaining third so I think that um previously when um when when Mr Scott was here he asked about at that time we didn't even get the last third yet development agreement that money has been used for services Police Department we actually are going to be redoing the Tot Lot we're actually going to be upgrading the nature trail right um and even though we don't own it we're looking to do stuff to the uh River Estates Park if we can um that's where it's going it's going it's going into the green spaces that we have the parks that we have but it also goes into um and I can discuss this more with with you offline but it also goes into things that we needed to do when this Administration started to for this community so that this community survived and so that Opa and so that the the state government as when I was mayor El before I even took the oath before as a state government wanted to come in because of us financially and take us over like they did opaka so all that being said the those funds went into our survival and go into our green spaces and we just got the third just now so that's great yeah that's great uh another question that I have related to this is sorry madam Ching that's permission I'm sorry I'll try to keep this brief uh do we have the infrastructure to deal with an influx of uh of new residents do we have are we going to be able to meet the needs of a growing Community like this yeah so the needs and what that's one of the answers that I saw that question on here so I have a I've circled a couple of things and I have answers for you right here for all your questions that you guys have on this paper and this is well put together I appreciate it um yes so so when you say needs do you mean needs as far as like the police department as far as like the police department needs um will be met because our Police Department because of not only grants because of um how this Administration have done our Police Department is well in in tune um therefore not only that we're discussing other things um on that side Z5 that will make it easier for our Police Department to be over there but we do have enough officers more than ever before in elert history um for for those services are you are you are you meaning I saw here also you guys were talking about like permitting and stuff like that yeah so if you guys know our our building permitting and and um those type of things inspection and stuff like that all that's outsourced to cap government and cap government gives us the individuals that we need to keep up to par with all of that sorry so I think that like one of the things that we were just curious about is it seems to be there's like um you know sort of an assumption that um you know okay we're going to get more taxes from this and and everything and you know that's going to be a benefit to the Village um but I think the question that we were kind of posing is well has that been really analyzed as to how that's going to affect home values especially you know in uh the neighboring areas of these large developments um including uh including the launch um and um the Precedence that that of course sets uh with future development especially with the trailer park and so on and so forth uh because then if if this is approved by my understanding with the height um and and in its current form that would then give the Gateway for uh for higher and and and other uh buildings of that nature so um as I think um uh council person herbram had said uh you know we're concerned about the the essentially the character of The Village um how that's going to really affect uh you know if there's not dappled light running through the streets anymore um and you know you're just having this whole shaded area by these buildings for a lot more hours of the day um you know how and and of course the noise tion and all of that kind of thing how is that going to affect the home values and has that been cross referenced with the additional taxes um also how would the how would the residents um the existing single family residents and so on um benefit from uh these these potential increase in taxes would our taxes go down uh probably not so I guess there's would be a an idea that there would be some additional improvements to other aspects of of the Village um but with that as Eddie was mentioning there would be additional overhead um and I know at the previous meeting there was a discussion about you know a long discussion at the budget meeting about the staff raises and everything like that um how much more staff is going to be needed for this additional population um and all of that and is it NE has there been any study done to analyze that and re and and realize whether or not that is at predict whether whether or not that you know is actually beneficial to us uh or do we come out ahead in the end um so all right so I think you gave me two pages two three and four all in one shot maybe all right so here we go so here we go as far as the the first thing I would say let's attack this from from from Back to Front the first thing I would say is you can look at we don't have to guess because for the beautiful thing is we can look at what's going on now the cista is open the cista is much larger than this property how are we doing with staff Madam manager are we are we are we doing I mean like is are we falling apart with the cisa development are we so the proof is in the pudding the cista which is a much larger property went through permitting right went through everything we didn't have people we didn't have to hire anybody new we didn't have to and it came across and if you guys go over to that side go to the skate park then walk down the street to the cista go into the lobby see how it turned out see how beautiful it is and we're still running efficiently in eler tole so for that the proof is in the pudding the impact on the village as far as that goes as far as taxes go for all and and I've said this over and over we want to do development in a zone that is not our residential Zone because that eventually will allow me to lower your taxes look at the other places that are around us that have businesses that have mixed use they have lower taxes than us why is our tax rate the way that it is because Elber toal never had any commercial so we had to survive strictly thank you Colonel P Shake in his head he knows what's up so we had to survive strictly on residential taxes so we said this we need development but what we're going to do is that's what I'm talking about Colonel pace and shout out to the men and women in uniform thank you for your service we need to have development we need to have businesses but we need to treat our businesses right and having those businesses is we put them in a whole new Zone we created so that it wouldn't be here close to you guys so it's it's almost like and you guys are doing wonderful like I said thank you for this you guys really put this together but it's almost like we can't sacrifice the the the good for the perfect go ahead yeah Mr Mayor if I may um I I don't think that we're actually anti-development here just to be clear with you we're not trying to scare you out or anything like that we we can't um and that is the future and that is our that's our bank back there zone five um what we're trying to do is be mindful of how this is going to unfold over the future and be yeah you know a pay Setter for for the way things are developed in Miami D County and not you know a trend follower no I you and that's what you say you guys say and I really appreciate let me just jump in real real quick I really appreciate it and and I don't I don't look down for on you guys are like I appreciate what you guys are doing and how you put this together you guys make great points um just understand that we're we're doing it in a way where we're we're compromising as much as possible with trying to move forward with the development with the residents so it's like we need development I want to lower your taxes we want to lower your taxes we need that we need development so we say we have to have it now instead of saying we just want development well I want to lower their taxes let's just put development on 89th Street over here or something like that we say okay we're going to find an area that's almost like is that that area over there a lot of people unfortunately I want to change this it's almost like you're not even in eler tow anymore when I go over there they're like you're the mayor I'm like yeah I'm like you guys are living in eler to like we do so we tried to se separated from our residential area as much as possible so that we're looking into the future so that we can lower taxes one day right now as far as the environmental aspect um I understand that and we appreciate that I will say this that area now the the what you brought up in here with the birds flying the flying pattern of the birds I don't have an answer for that okay I don't have an answer for the flying pattern of the vers but as far as the the um the environmental aspect before those there were some duplexes there rundown duplexes the environmental aspect when those things were there was horrible and I remember when the barington brothers brought that location because of how bad those duplexes were and the sewage of those duplexes and how disgusting it was in there they did us a favor and knocked those duplexes down and cleared that area and by doing that because I remember we had this conversation like I said we've been working on this for a while myself in the manager they were like we'll knock it down but those duplexes they were all rented out so they lost out on and they showed us the number they lost out on a lot of money rental money that they would have got if they would just kept them up here they could have been up here right now because the project hasn't even started construction wise they could have still been there right now but they were so bad environmentally with sewage and dirt and and and and it was just disgusting they did us a favor they knocked it down early and they were like mayor like we're going to be missing out on on this amount of money of rent we were like damn I'm sorry but we appreciate it so the same thing when I talk about compromise was talking about before the same thing with with them it could have been a different developer that didn't care and that's why I think when when we first started because moving our our our this this this Corridor over in the new Zone zone five getting away from our residential area that's the type of thing that we're looking for we're looking forward and we're compromising for the residents bringing in and working with a developer who actually cares about the community and already put one project up in the community which is a very nice and high class project so we're doing everything that we can on our side to fulfill everything that everyone wants and needs you know sorry I would just want to say that uh I think the only point in including those environmental uh notes in there are to just keep it on the radar that's it no of course absolutely let me just say also I remember when and you know and and I don't know what you know what happened or who this was or something like that but I remember um unfortunately when the cista was going up they had um anonymous calls from people where the fish and wildlife pickup trucks would roll in speeding and and slaming their brakes with their lights on jumping out saying that um they got anonymous calls that this was a a um a a a delicate area for the endangered species of the red box turtle and we're destroying the nest by building a they went there had to search the area they're like the red box turtles don't even live here and we're getting calls like that we're getting they're getting calls like that where people like they're they're they're making up stuff to stop development so there's a lot that goes on behind the scenes myself and the manager have to deal with that we just never talk about but we do understand exactly what you're saying and and these things we're I believe we're on the same page um from what I see we are on the same page for what we care about and what we want um we just have kind of different ideas of how to get there but I promise you we all love this community right we all live here all of us live here and so um we're doing things the best way possible like there's not another developer out there there's not another development out there where it would be it would be worse than what it is a lot worse so um the first thing I just want to bring it back to the tax thing for a second so I think like um Municipal Taxes seem to be about like a third of the the tax bill based on a couple of properties that I run um and so do is there any estimate of what the sort of goal is in terms of with this um you know is you because I again I I definitely feel like there should that should be sort of cross reference with how that might Val you know devalue potentially devalue homes as there's been a lot of studies and research on how that impacts and and and so on and so forth um so that was the first question is is uh is there any estimate of of that or any idea of like how much the the taxes the goal there would be to to reduce taxes um in for single family or for you know across the board okay are you saying is is there any research about about how much homes will be devalued once this property goes up well what I'm saying is that like is there obviously is there some sort of goal in mind because yes we you know we are a little bit I think above some some neighboring but we are also very aligned with some other neighboring municipalities um and being that you know it's it's it's a portion of you know about a third of the tax bill municip you know for the Municipal Taxes um is there any idea of how much those taxes might is there a goal in mind of like how much those might be decreased um you know in the future and so that you know the residents and everybody of the village can kind of cross reference that with whether or not uh that is enough of a benefit for us for the potential you know uh negatives of of of of these aspects um okay I I think I see what you're saying all right well first of all I don't see the negatives that you see in this aspect but um as far as the goal for the taxes that are beneficial to the residents so basically what you're asking is when like what is what is the amount that we need to see to lower the taxes for the residents like what is like what is the goal so like if we make a certain amount in taxes then I can lower the tax like uh the millage rate of 0 2% or something like that or we can lower the millage rate of 0 2% okay yeah so that all depends on once the property is built that all depends on how much money do we need to operate because the thing about it is when you have things like inflation when you have things like um the the amount that it takes to operate a government that fluctuates right so the same type of thing like we like there are a lot of of uh studies that were done um for different things like you know this and other stuff um about the about the The Village back in like 2019 2018 but those studies that we we paid for back then this previous to my Administration those studies we have to throw those studies out right so you understand that when a property first goes up like the day it goes up we don't start getting that right away it's not the very first day it goes up so once we look at the way where government is where the national economy is where the state economy is and how much things cost to operate how much things cost and what our needs are and our priorities at that particular moment that dictates how much money is needed for the percentage of millage rate being lowered sure at that particular time sure so so if we were to do a study for right now 2024 it wouldn't even matter for 2025 fourth quarter 2026 first quarter sure so yeah obviously like uh you know as far as those negatives go I think you know I kind of mentioned you know what what we think those are um and also as you know as far as I think there's definitely a question in the home values um of you know neighborhoods that are adjacent to these um uh and how that how that will affect the whole character and everything of of these neighborhoods are you concerned about the the this project in particular or are you concerned about all the development that's on Z5 because there's a skap park there now the cista went up and with this going up with that property that's there the cista is there which I said is much larger yeah eler to for the past two years has had the highest property value growth in Miami day County understood more than any more than any other pality in Miami day County with the cista up so yeah yeah yeah yeah thank you very much colon Colonel pace so just kind of keep that in mind so are so I guess you're talking about this because if you're talking about just development like I said with with the question about you know how it's going to put impact on the village and the workers or whatever the proof is in the pudding because Visa is up and the property value still continues to grow we have the highest property value can I Chim in for a second I because I I feel you right change is than man change is difficult I don't know if I'll do it a good job you might need to step back in here but uh change is difficult right um and I'm I'm a lawyer so I think about wor case scenarios a lot and you're right sometimes you can have development and it can really take property values around but I think there's a lot of nuance to that right uh it depends on the type of development it it depends on the proximity of the development to the residential property um a lot of different things but there's also development they can enhance property value and I think we have seen that and we can look to certain communities around us to see that um families are attracted to areas especially families with small children and maybe larger budgets are attracted to areas where they can do things in close proximity to where they live right um and I think maybe we should entertain that thought then maybe uh the through what the mayor is explaining we've put a lot of thought into Staffing beefing up the police department making sure their technology their equipment their cars are ready for what we were inviting which was enhanced development in Z5 your environmental concerns I take those very serious and I think that we need to on our end make sure that whatever it takes for us to figure out these flight patterns that we have somebody assess it and let us know what the impacts will be but trust in the fact that we are not inviting this type of development without the forethought and without also considering these worst case scenarios and I love the proposal that you brought with you today because it has brought up some new things that we didn't think about but also for me I was really excited to see it because it reconfirms a lot of the work that we have been doing in anticipation for this and I do think that something that the mayor said that was kind of glossed over is really important the cista is up and running right and people are not running away from elportal right um people haven't said wow this is completely different I got to get out of here I got to sell this house I don't want to buy like we have seen that elportal continues to be um a shining Beacon as far as where young families especially want to go and we have every interest in preserving that and our thought in removing this type of development to the Z5 area obviously I think it it's because this really is the only area we have that we can do this but um we do think that there is that natural buffer of the train tracks we do think it is very removed from the remainder of the more residential neighborhood um and we look at what cista is doing and and we don't we don't see the type of negative impacts that would make us halt at this moment um one second we're we're yes we're we're going to finish with this comment and we're gonna have yes everyone's going to get a chance um so yes so I I I want to say all that to say I understand that change is difficult and I applaud you for doing your part to vet it to make sure that everything that should be considered is being considered but I also want to reassure you from this seat that we don't take it lightly and we are considering it and listening to you and trying to be as responsive as possible on some of the items that you have expressed concerned about sure and and I I definitely appreciate that and very much uh you know respect everything that you said um I just want there to be some consideration in the fact that um if we are providing public benefits bonus height um to this building and setting precedence with it um and everything that happens Northeast 2 um as well as the trailer park um will have we we will be surrounded by tall buildings um and with the notion of what you're saying um I believe that we have to be considerate of where we are and the peace as I put in this uh the piece of the puzzle that we are because we are right on the on the border of Little River uh which was just named one of I think the top uh 12 coolest neighborhoods in the world um that is going to be uh developed um and and continue to be developed one of the things that makes that uh have its character is those lowrise buildings um that have great restaurants great shops all of that kind of stuff um and um we you know our proximity to there our proximity to biscan um you know with the mimo area um this is uh a little Oasis that is walking distance to those places but it's not 250 ft away with lights blocking our light in our residential neighborhoods and changing the whole character of our of Sherwood Forest and elportal greater when this development can happen anywhere you know in in other places uh of course even zoning could could potentially be changed in the future um so I think that you know we are just need to be very very considerate of that and consider that yes I think that that that you know it's proximity to these other uh you know to these other really great bustling restaurant shop nightlife um higher higher density um it puts us in a really great position if we keep uh to to keep to our values and keep to the sort of being the differentiation that we have that elportal addresses could be some of the most exclusive uh you know High you know highest valued properties in Miami in the future um and if we become like everybody else then we won't have that anymore so people could go to brickl people could go there but people come here because this is really a special place that is one of the last special places in all of Miami and offers something to many people that uh they can't get anywhere else and if we become like everybody else and there Shadows of buildings everywhere and noise pollution and everything um I know that you know um you know from your perspective um and and and other people's perspective who might not be in super close proximity to this development um might not have seen the effect on it but the cista while it's you know seems like a great build building um you know they there has been effect from that and if that whole area uh becomes eight story buildings that you know the whole neighborhood is going to be affected by that you're going to be able to see that from the whole neighborhood um and so yes that thank you we're we're actually just going to go in order uh so you can hang tight right there and we'll go sorry I didn't realize he was before no no worries uh name and address for the record hi I'm Noel Pace uh to 06 Northwest 91st Street also business owners here at 8661 noreast 2 Avenue um I I really appreciate the discussion here and my point was going back to where the entire code is going to be reviewed by plus Serbia so and maybe to our newer residents or newer people to eleral I mean a charet process actually took place a number of years ago which actually was the community plan that helped Define some of of the things that we're talking about today and I do appreciate the the field expediency of just focusing on noise and light first but I don't think you can do that reasonably without taking in the totality of the circumstances of all of the aspects of the community which include as we heard businesses you know tax base I mean you know we we want to retain a good staff uh we want to have services for the community uh we need to generate you know income you know to have a tax base for those kind of things and so to me I you know I and I remember going back to the shet what was our we we wanted conscious reasonableness I was on the shk committee we you we wanted conscious reasonableness where we take into account yes that this is a Florida bird sanctuary and that there is a flight path of the birds but at the same time we also have to keep the lights on like I mean so th those are the kind of you know things that I just and I know this council is committed to doing that I I know that plus Serbia is a great organization as we've worked with now for like you said almost a decade so I just I just want to make sure we take in the totality of the circumstances here I mean because you know in the end you know I know the barington brothers I know the cista project I mean we have we have an entire little farm that used to be a residential area and now is just empty right and I mean there's great deciduous trees there there's great you know potential for residential and Commercial development ACR right yeah there's you you know there's other developments here right on the four lane State Road which is called Main Street and the business Corridor that for some reason businesses are not coming here okay and it may have some aspect of of the difficultness of doing that and I mean we do need some businesses here we do all right including mine all right I need my business and hopefully it it provides some benefit to the community in terms of generating jobs and taxes and so on but I just I just want to make sure we have some sort of conscious reasonableness of all this as we move forward and that that was my comment thank you for the comment thank you your turn name and address for the record sure chrisy Copus um 8501 Northeast 4th Avenue Road right down the street here just want to make a couple quick comments first of all I work for a multinational company I understand what it is to seek that balance between business pro you know development um and also doing things in the right way to preserve sustainability and I'm a responsible sourcing director so I'm very passionate about this stuff um so again just want to acknowledge I don't think this reel it back in right I don't know that this is a pro-development versus anti-development discussion but more than anything else I think as you know some folks have pointed out here you know we live right here on the Strip we moved here with a family like you said you know we came here because we thought it was special I've lived in a condo Miami for over 20 years I'm from Kansas I'm from the Midwest I thought that this was like a little taste right of like what that could be to raise my family in an oasis and so we're already being semi- affected like I get it like there's going to be gives you know gives and takes and so when you talk about the skate park and you know the desire to have restaurants I agree with all that right I think from where I sit in my family is we've seen again the light the considering how high these buildings can go our little Oasis and it's maybe just us today right we're already affected and as that moves this way it becomes a completely different experience now that's not impacting all of elportal but I think we have to consider right like how do we find that happy medium and for me it would be even like can we have a compromise of like does it have to be eight can we consider you know those even from between eight and six like those things matter and they affect right like those of us who who live right here already so that's kind of where I'm coming from right it's just again I understand what it is for the developers you have to do your job we want you know things to be like you said high class we want this to be a place where we have right the mix right between commercialization and then our Oasis but I just want to mention like as those precedents are set we're already being effective those of us who want to be here with a family so I just wanted to address that um and I have a question for you so I know that you guys you said you're being affected and there were impacts from the cista you said What were what are those impact talking was just like as you can imagine this is all green we look out we see all green okay trees right and I would love for some of that to be preserved I get it we won't have it forever even if it's just restaurants or lowrise I get it what happens is the day they turn those lights on all of a sudden with this beautiful yard this beautiful Oasis it was like boom there they were all the lights all the balconies coming in right and it's not all of elportal I get it we're just one family yeah but I'm just trying to share our experience your exp one building but now we're imagining wow like as the rest develops the value of our property completely changes so you're talking about the disturbance in the sideline yeah I mean yeah so more than anything right like that Heights the light I'm sure the noise will come but you know what I mean like there's there are limits so I think if we can just consider the height you know there's there's an impact there right there's less of an impact the lower the higher more of an impact I also recognize that we're not just going to not develop right like I'm logical I get it like we're going to develop the area we need that but for me that's the main consideration thank you for the comment I appreciate that uh do we have anyone else yes step up to the podium please and state your name and address for the record you guys can have a seat I'm Richard Glazer I'm at 389 Northeast 84 Street 85th Street excuse me um again I I appreciate this evening this is really an important conversation that we're all having there are there are some of us that are closer to a sacrifice I don't mean that in the in such a strong word but those of us like chrisy I live across the street from her these become line of sight and the impact from the noise or the lights in an area of Miami that's it is very rare we all know that I mean we move I moved here in 1964 so we've watched development go on it's important it's an imperative to our income and to our existence but this conscientious development is very important to maintain this here and those of us that are going to pay the price because we are line of sight of that all of northeast of of Fourth Avenue place all along the tracks there's what five four five six houses um I'm across the street but again I walk out my front door and I'm looking at this the lights I'm not impacted now but I know as that develops more those lights are going to come right into my master bedroom so again finding the right solution is difficult I know it and understanding the fact that we need this development we need the income I can't keep affording to pay more taxes for this I also cannot afford to lose the value of my home because all of a sudden I'm looking at apartment buildings across the street and what is and will continue to be a magnificent neighborhood I mean we've got owls flying through the neighborhood we've got foxes running through it's an amazing place in the middle of a big city and we really want to be careful to contain that here and those few of us that are close to this zone five we shouldn't be sacrificed there should be a compromise that can be had you know you guys I don't know your building your current building I don't know any of your buildings I really don't know you guys at all I'm impressed with how the mayor is impressed by you I think that says a lot but I think we need to find a viable solution and have promises made and kept that will maintain those of us that are not in zone five to be compromised considerably for this development it's unfair that we would pay those prices so thank you again I appreciate the ears and I appreciate the energy into the into the neighborhood we need it it's important so thank you very much thank you for your comment do we have any other comments out there i' just like to get some new comments before I Circle back to you uh hearing no new com new comments sure hi Ariana Avon uh 8525 Northeast 4th Avenue Road um just to piggyback on what was said already I think just something that's really interesting to me is you know Little River as a whole getting named the 12th coolest neighborhood in the world the coolest neighborhood in Miami that says something and I think just my question is is how do we um you know with the lack of commercial space in this development how do we ensure there is space for uh small businesses cafes Artisans or whoever that really would bring uh more of that cool factor to the neighborhood like how are we affording them space um and also the lack of community space I think there's no Community green space or anything in this project that I've come across and so that's a question Mr Mayor any thoughts on that all right so as far as um what you're saying Community Green Space I think that this this is kind of what I think to be just to be honest about uh Z5 which Z5 is Zone Z5 for a particular reason um unless with the property you're talking about them adding like a small park or something like that I think something like that would be more beneficial over here in Z3 I just don't see people crossing the railroad just to go to something over there when we could put you know something over here in Z3 whether it's even on the other side of Northeast 2 Avenue um maybe that property that we tried to look into um and been trying to look into on the corner right there on 8 um6 street at Northeast Second Avenue the one that's on on the west side of Northeast Second Avenue um we were told fibs by the the realtor that was in that was in charge of that we were actually about to move on it at one point in time but we're told false information things like that but I think something with what you're talking about would be way more beneficial in Z3 um I just don't think people would go up here across the tracks now maybe once the um the trailer park is developed with like a develop and then there could be some type of like thing where right as soon as you cross the track then we you know there's an entrance like a back entrance because real quick Madam chair because really really quick when the individuals that do the developers that have come in to have meetings with myself and the manager about the trailer park Madame manager we always fight which they agree to nobody they all say they all come in G gung-ho as a matter of fact I remember we had one meeting with um a Development Group out of Argentina and that was the day after Christmas the day after Christmas we had a meeting with them like a two-hour meeting with them the day after Christmas that's how dedicated we are to the Village we had a two-hour meeting with them and we always tell them the same thing as soon as these developers come in we say this is what we're looking for because they all come in they mentioned the live local act and stuff like that and what we say is look and this is all about compromise and finding that balance right Miss cross but what we say to them is look we understand but this is our vision and this is how we're looking at it when you're on bisc Madam manager you can have your density you can have your height you can have what you want but this is how we're doing it as you come towards these train tracks you lower the density and we always tell them yep and we always tell them right across and they always agree right across from your homes there will be a green space buffer with a walk path then another Green Space buffer and then their first level will be either single family homes or town homes and it will go towards biscan from there and they can have their height and they can have their density so what you're talking about would be perfect if that was developed and you can go across and there's a green space buffer and a walk walk way and you know that kind of leaves around another Green Space buffer but what you're talking about I think would would would be much better over in a Z3 and we're and we're really we really have as a chairperson Martin said um the environment like we love this place we all live here you guys right thank you so much for the comment I think you're closing us out yeah and if you could limit it to three minutes sure thank you um so real quick just on what you had mentioned there yeah I think that you know if if that is the plan to put like a walkway and everything like that then I think a green space on that River uh would would be amaz would be amazing there um in addition to the fact that it's like one of the main criteria for the public benefits program that kind of could be a natural kind of thing there uh natural um so that's the first thing the other thing just you know no matter how high this building is I just want to mention um you know I have spoken to some people about hurricane stuff um that River you know gets up to like in a flood situation gets up to seven feet um so obviously residences on the first floor uh might be an issue um you know unless you know an evacuation and potential liability with hurricane and everything like that so just wanted to mention that um the other um the other thing I want to mention is the the whole aspect of what we're talking about um with you know what what we're looking for as a benefit to the elportal residents um the whole I think one of the main things being requested here is a variance um so that you know residential could be the main component here with a very very small aspect of commercial you know um and I don't really think that that is aligned with what everybody is talking about uh with uh you Colonel who who got up and and everything like that um we're talking about uh you know an area where we could go and visit restaurants and shops and Commercial um this is just a a eight-story residential building so it doesn't really achieve that to to to I think the extent that we're looking for and it is as they pointed out so close to residential hence why uh you know maybe it should be not as high since that is the main concerns of the residences that are close by um so but I just want to bring this back to the actual beginning of that which I don't think we got an answer for I don't know if there is an answer for but the the actual code aspect of this that if if live local does not apply here um which I don't know has been determined yet um but it does not from you know a lot of research that I've done seem like it would um then the code the current code says it can only be four stories and uh if it's within 250 fet and and also that you know the environmental aspects pedestrian access natural vegetation 15% of the lot Etc so that's actually like the main thing that I hoped to get a response to well let me just say this Madam chair for sure I'll wrap it up really really quickly um let me just say as far as those things that you're talking about um like I said we've been working this for about eight months um uh Mr attorney Fernandez we've been in those meetings with our attorney he's fing our attorney on numerous how many occasions are we going back and forth and we've addressed every single thing from live local act to cold to everything you heard uh Miss Hammond's and like you know what she how she broke it down how she recommended if those things that you're saying um live Lo all those things if those things were correct that you have a bunch of professionals that you're that you're much more experienced then and you should have their jobs um we went over all of this and with the information that we we got with the the the the truthfulness and and and you know everything that we went through um we address all of these things and and we came out with the with the best scenario sure I and just I did also as I mentioned speak to an attorney about it who specializes in live local and and everything and they advised me that it has nothing you know there's no And as far as environmental um those things all stand lived local does not supersede that um as well as as the whole thing about the four stories and um the you know live local not being because the the comparator building was uh used the public benefits program so it does not apply so can that be um you know what would be the process to kind of re-evaluate that uh you know and everything I think a one-on-one meeting might be good right so you have a lot of very specific questions that you definitely deserve answers to I think a one-on-one meeting with the manager um maybe we can try to look Loop in the attorney as well to kind of walk you through exactly uh what the authorities are I think that would be beneficial as far as tonight in this forum wouldn't be the best forum for you to get those answers I don't think the generality would be uh satisfactory to you so how about uh getting with the after the meeting you can give me your information I will connect you and we will walk through exactly what it is the authorities are for what is currently uh what is proposed okay okay sounds great yeah awesome yeah just want to mention though that because that is sort of seemingly unclear no we're clear we we're clear on it we're clear on it um but we are trying to elay your uncertainty but I think the best way to do that at least for me I like to look at I know that you say that you have a friend that uh is an attorney who you know has has given you I'm sorry somebody I consulted specifically so get his authority get get what he's looking at this the particularities of the the code that he is considering the information behind what he's telling you and let's just compare compare what it is that we are saying that that we are certain of okay um and I I think that would be a a reasonable way to to get you to the level of either um understanding where we're coming from or for Illuminating the fact that that you're correct on that but the the forum tonight isn't the appropriate place but I appreciate all of your comments and I appreciate um your your input on this because I do think that you've illuminated a lot of things that are really important for us to keep front of mind thank you thank you so much thank you very much thank you are there any other comments in the room uh hearing none I'll bring the conversation back to the council does Council have any other questions or would someone like to make a motion I'll make a motion to accept Madam chair okay do I have a second I'll second Madam clerk can I have a roll call roll call um member Nickerson yes member bbom yes Vice chair Pella yes chair Martin yes motion passes for okay thank you very much make sure you see the clerk so you can get what you for sure now now we're moving into our good and Welfare um portion of the evening if anyone has any comments on anything that we've discussed tonight and you'd like to get those comments off your chest there's a Podium you can step up to the podium and you can state your name and address for the record all right hearing none I will go ahead and move on to subsection H which is adjournment do have a motion to adjourn tonight's planning and zoning committee meeting move do I have a second on that oh second all right all in FA favor say yay I I any oppos say nay hearing done I'm going to go ahead and adjourn the October 24th 2024 planning and zoning committee meeting at 10:33 p.m. great job Madam chair thank you