##VIDEO ID:sQeiINONtW8## e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e one nation under God indivisible with liberty and justice for all so um Loren is going to read the question question judicial oh you want to approve the minutes first so following the if you want to I can follow the order of the the agenda yes the first thing is the approval of the minutes item three I've read the minutes and I make a motion to approve them I second the motion all in favor I I I thank you not it oh I'm a bit under the weather I don't have much of voice so that's one that we today so I will have both Gina and or Susanna read the uh disclosures into the record thank you all and I apologize for my absence thank you Loreno um let me continue with the order of the agenda we have public comments welcome to the meeting Planning and Zoning if you're here for public comments you can always approach the podium state your name and address for the record and I also welcome the participants that I see in my screen that are participating via online please just be reminded that if you want to speak you have to press um the start number nine and the IT department help desk will allow you to speak speak one at a time so good evening I do see some individuals if you want to speak now or we want to we could proceed with each item and we can have the public comments them okay okay so then the next item in the a in the agenda is item number five and I'm going to read for the record for both cases 5 a and 5B the quasi judicial public hearing instructions please be advised that the following items on the board's agenda are Quasi judicial in nature an opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item all testimony including public testimony and evidence will be made under oath or affirmation additionally each person who gives testimony may be subject to cross-examination if if you do not wish to be either cross-examined or sworn your testimony will be given its due weight the general public will not be permitted to cross-examine Witnesses but the public May request the board to ask questions of Staff or Witnesses on their behalf persons representing organizations must present evidence of their authority to speak for the organization and any persons presenting documents to the board should provide the town clerk with a minimum of 10 copies further details of the Quasi judicial procedures may be obtained from the clerk and from the town attorney so the first item is 5A Zone 2024 d162 amending the official the official zoning map to rezone a property into two tracks from gu to R1 an ordinance of the town of Miami Lakes Florida amending the official zoning map to reone a 0.9 plus acre property divided into two tracks with folio numbers 32-20 2023 d001 D 0473 and 32-20 23-1 D 0474 located southeast of the intersection of North Northwest 74 Avenue and proposed Northwest 144th Street from the GU General use District to the ru-1 single family residential district providing findings providing for incorporation of recitals providing for direction to the administrative official providing for repeal of laws in Conflict providing for severability and providing for an effective date and for the planning department suan alono good evening um chairman and board members um this item is coming before you um it's in a complicated matter it's uh it's sort of like backtracking something I'm so sorry to interrupt but I just got notified from help desk that there is a participant that wants to provide public comments I don't have a name for that individual um it's the one with an iPhone 211 you may speak now or you may speak after during the discussion of the item but please let me know so that we can proceed Gina I'm sorry to interrupt but it would beer since we've already started the hearing that the person provide their public comments at the appropriate time I believe that the schedule is the town goes first then the applicant then we can open it up for anyone from the public that wishes to provide testimony okay so please take note the participants we started the item 58 you may speak later on during the discussion of the item um continuing uh what we were presenting the item um this item came about um as a result of new ownership of a parcel located on the District um north of excuse me south of the um Wellness Way where the hospitals are and the um medical facilities are lakes Radiology uh north of that um uh fpnl location um that area of the town has never been platted most of it has always remained under gu zoning there are some single family homes that were um erected there back in the 60s a couple in the 80s one or two in the 90s um but that area has never been properly developed in in in a proper way it's always been sort of halfhazard and uh not quite so as a result there is no roads there's no street lights there's no sidewalks there's no uh some of the streets have been dedicated but never have been taken over by the town um some of them have never most of them have never been paved none of them have ever been paved um and as a result we have a really um Patchwork of properties that are just a lot of property lines uh but no actual um fabric right no a no actual urban fabric that can be sort of relied upon in order to be able to develop the properties um um one of these properties changed hands back last year in 2023 Mr panagi is on the screen with us um he's the purchaser of the property and he found himself um him and his partner found themselves in the situation where they couldn't develop this property because it had never been zoned properly there were several attempts at zoning it in the past but it was never done completely some of the conditions were never met and and they're still at the beginning of the process where uh there was many irregular irregularities in the area after going back and forth several times with the applicant to try and find a solution so that they can move forward and develop the property uh um Mr K and I have um you know along with the applicant and the previous owner of the property next door and this gets complicated too he's not here today so um we'll try not to talk much about him but um they uh they have agreed to provide a bond in order to be able to reone because the first thing that has to be done is resoning um right now the property is still General use which does not admit new development without resoning first and in order to reone though the area has to meet the conditions of the new zoning which would be residential single family that means that the road has to be um constructed signal iation sidewalks drainage street lights um ideally sewage there is no sewage in the area either the applicant seems to have um some sort of approval from the county that maybe they would be allowed to use a septic system most of the homes in that area are on septic tanks obviously this is not an ideal situation nor would we like to add new septic systems to the town so you know finding a way to to add sewage to this area would be also ideal um uh water I think there is water Mr panagi we're not doing well right we're not doing well water correct yes ma'am correct there is access to water yes uh sorry I also want to bring and take note that whoever is participating and providing testimony tonight I need to swear them in I know Mr panayi we can see you very well and welcome to the meeting but I believe you're going to be speaking so please anyone we can do the two um items at the same time if you're going to provide testimony please raise your right hand do you and Mr Panay I need to see you I need to see there we go do you swear to say the truth and only the truth so help you God yes ma'am thank you uh sufan ma'am I'm sorry sufan n probably needs to unmute himself but um he will also be speaking uh in testimony okay s can he I'm so sorry I know you you said something Mr panayi but we couldn't hear you what is it oh sufian niji is also on the call uh Mr Naji to unmute yes welcome Mr Naji and if you could please raise your right hand I'll swear you in I didn't see you and I need to see you there we go thank you do you swear yes just raise your right hand do you swear to say the truth and only the truth so help you God it uh I swear thank you thank you Mr Naji so what you have in front of you today is the rezoning of the applicant's property and the property right next door which um is the one that is adjacent to the only existing Road in the area which is 74th Avenue the result of this resoning and the conditions that you have in front of you uh which were carefully put together in order to accomplish the Redevelopment of at least these two properties because um obviously we can't force upon this property owner the Redevelopment of the entire area because that would be inappropriate so and that's what you have in front of you um I know it's complex so I know you have 300 questions and I'm happy to answer them one at a time and Mr Nagi and Mr panagi are also available for questions miss the chair PA I want to interrupt really quickly and just remind the board again so you understand your position today your position today is not making an approval or denial that's in the hands of the council your obligations today are as the local planning agency L Eno I'm so sorry to interrupt but really we are having an extremely hard time hearing you and understanding you and I we know we understand that you're sick but if you can articulate just a little bit louder because it's the board members cannot we cannot hear you okay I'll I'll do my best can you hear me a little bit better no and I'm going to right now um ask help Des it please can you um I don't know try to improve the audio or rise it's not the microphones because he's in his office but um if you can try to improve the quality we know he's upstairs but we cannot hear him we cannot understand him if it Diego if you could please raise the the speakers in order for us to be able to understand Mr the attorne deputy Town attorney he Loreno try again oh the deputy Town attorney wants me to share with you all the following statement for you all to please understand that you're not approving anything tonight you're only acting in your LPR capacity so he's insisting that you know he's very sorry that he cannot articulate better right now he has very little voice but that um you're acting in your LPA capacity you're not approving anything thank you okay so just for the new on that I you Mr Sanchez that has never done this before um one of the functions of the Planning and Zoning Board is ADV advisory to the council in matters that uh pertain to amendments of the Land Development code the Land Development code includes the zoning map which is what this is an amendment to and um and therefore um one of your jobs as the planning board is to to advise the Council on how to uh pass ordinances and amendments to the Land Development code and that's what you're doing today so all your um all all your suggestions on this subject will be passed on to the council in the form of the second hearing as part of the memo and or part of the um ordinance uh changes to the second reading and we'll be communicated to the Town Council yes through the chair I going to ask a question about the bond uh is the bond inclusive of all the services to take care of all the services for those two particular lots that will be at one time done sewer water will that include those Services because we really should have sewers there correct but not the sewer portion the sewer portion is going to be trickier because um to bring sewer systems to that neighborhood is quite costly so uh we are looking into potentially um finding grant funding for the entire area to be able to be connected to sewer um there is a few and we have our Grants New grants manager Olivia who's just been named grants okay but do they looking into finding yeah she's she's looking into finding new Grant they have sewers at the commercial end correct all the way to Lakes Radiology right so they they would have to connect to there to that one yes but the for Lakes Radiology to get the sewer system it it was quite a bit of money because they had to bring it in from the one you know one over so it this is literally an extension of the line but does the lift station that they have there now does it does it have the capacity to handle the uh uh the additional flow we don't know these are unknowns at this point you mentioned that they have been in contact with the county and they they are septic tank the county has provided and Mr panagi if you would to uh like to chime in on that uh they have a tentative approval by the county that potentially they could have a septic tank um it seems like some of the County requirements for septic tanks changed last year and there were some new systems that are coming online that seem to be a little more efficient and that are better at what are usually been our concern with which is the water table right like sepic tanks under the water table no good but it seems like there's some safer systems now that are more protective of the water table and and and that's what maybe they would be proposing and obviously we would be watching out for that correct and how about the water issue water Mr panagi am I correct that you do have water access yes we did the uh we got the map and we were able to see the water lines so they do have water lines again the extent of the work that would need to be done in the area is Paving the roads adding sidewalks um street lights Street trees and drainage is uh what has not been done at all and this would be just for the two lots only correct at this point yes um obviously we are also separately from this issue because obviously you cannot burden the one property with right but we are looking into uh possible way to revelop the enti entire area and add um streets and and and uh I hate that Lorenzo is s and can't explain it so I'm going to do my best but there is a a Florida statute that allows the municipality to um sort of um impose uh sort of neighborhood neighborhood services District on an are do have to have some buyin into it so they do have to vote into it uh but they we are we are able to do the work for them and then they can get retroactively they can pay for it retroactively through their property taxes taxation systems yes so um Lorenzo is looking into that I'm paraphrasing what he would be telling you I have a couple questions so the improvements that I see it's only on 154 how about 74th Avenue getting there that's not going to be improved 74th is in pretty good shape getting there 74th was sort of kind of improved all the way to 145th again the extent to which is properly done but 74th was taken over by the town at some point or the county at the in reality right it was before incorporation but it was it was deed to the county and it was taken over by the county in whatever shape it's in uh the difference between the other streets that you see if you're looking on the if you're looking on the county map or in Google Maps you see 144th you see 145th and you see 143rd none of those are actual streets that were ever taken over by either the county or the town they weren't dedicated they were sort of kind of dedicated ones yeah the property line seems to indicate that there was a dedication done well but proper dedication because uh again the procedures just so you know the procedure by which this lot was even split was a various process which doesn't even make any sense because that the way to get a separate folio now requires approval by the zoning department of the municipality before you could just go in couple of surveys and you get a separation of folio yeah but no longer that's Chang been changed for several years yes so I guess at some point the town did authorize the division of that it was done before the Town Incorporated it was in 1997 when the that that folio was created you know back then there was no need to go to zoning you could just go with two separate folios two separate surveys and the Property Appraiser's office would issue you a folio number yeah because the other thing that I noticed is that the property underneath recently sold and I'm sure we're going to be in the same boat that's the fear short theref that this is only the first of several these there's another one in forclosure current currently so that should be changing ownership shortly it's already Chang ownership yeah no there there's yeah the one that just got sold and then there's another one that is also in the on the Foreclosure program so there's and then there's a couple of elderly property owners that you know also may change ownership for different venues is it's just these most of these owners have owned these properties for a very long time and that has been the Saving Grace why we have not had to deal with this till now because it's been pretty stable ownership in the area that's obviously not a forever thing um I do see Mr lefant in the crowd so maybe we want to sign him in because he might probably have some opinions if you want to speak tonight and welcome for joining the meeting as always just rais your right hand do you swear to say the truth and only the truth so help you God welcome to the meeting and before we continue um we always do this at the beginning I just wanted to State for the record that all the board members have provided me with their expart Communications and they have disclosed that they have had no communication whatsoever with the applicants so I just wanted to state that for the record and through the chair I do have a question with regards to Northwest 77th Avenue I see that it's already asphalted but it doesn't have drainage if I understand that correctly it ends at Lakes Radiology would um the residents of Northwest 144 the bond would also cover drainage for Northwest 77th Avenue or only for Northwest 144th not at this time we would probably look into the septic T that as part of the overall area not necessarily again these are things that we don't necessarily know what's going to happen until we start drawing and and designing what needs to be done there's a lot of unknowns that has been surveyed properly we're sort of trying to just find a way for you know a way forward for them so that we're not just stuck and not giving them some sort of okay yeah so yeah all many of those will be questions to be asked when proper surveys are done and proper Heights elevations um all unknown okay at this point what's do we have a future land use for this area because I know currently it's gu but what would be our if we look at a I didn't see one um fortunately the comp plan is already for low density residential so fortunately we don't have to touch that one it was already low density now obviously the range of low density residential is is not just single family there's town houses are low density resident there's a lot more birth than just ru1 but so right now that area is not it's low density is a future land use map in the future land use map is low density residential correct because that property basically abuts two different streets 154 144 and 143rd so are is it a condition that only one home can be on each one of these two lots correct that's one of the conditions that is being placed on these resoning if you see condition number number three there shall be no further division or of either of the Lots reson via this so we're going to go on an like an ru1 correct zoning even though the future langage map is and and for that purpose these lots are oversized yeah so so they are a very they're they're not anywhere near tight for for iu1 right oh I'm just thinking ahead for the bigger piece in the bottom when they come in what are they going to reest yeah could request town and there's only one Access Road into that area I the problem not for this particular one I'm just thinking ahead for the next one yeah perfectly fine with recommending moving forward with this with one lot you know one home for a lot I have no problem with that are we going to hear from the owners talk would you uh Mr lant or Mr Mr BAGI and Mr pagi would you like to say something you you're welcome too sir pleas uh I will let oh hi please just approach the podium Mr lefant if you want to provide public comments so that it's recorded I wasn't prepared to S say anything but um you know we're cooperating with the city is what we're trying to do so that the gentleman can build their house uh I can tell you for most for the most part all of us are happy with our septic tanks there's no reason for us to have sewer so that would be an expense that you know I'm a little bit concerned about if you have to bring sewer all the way from from lce Radiology or that other option that you talked about from across the the you know that's going to cost a lot of money that we'll have to Fork out eventually so um you know if that would be okay if there's a some kind of procedure that can be implemented a variance an exemption I don't know where we could stay with our septic tanks it'll also make things easier and I think even the other neighbors more malleable to accepting an assessment which is going to be coming our way because you know at the end of the day everybody has to agree to let you do this because I've been there 22 years the others have been over 40 years I don't know that they're going to be very happy that they're going to have to pay all this money so uh but you know we want to comply we want to make sure that that we meet the requirements of the town and all that but uh um just so that I I believe the issue of whether you need sewer or something like that it's it's really Beyond even the town's prerogative I think that's state county and state of Florida just so you know it's a square footage it's a square footage thing it needs a certain amount of land so even if we say you can or can't it's irrelevant doesn't matter there's certain things that we just have no no jurisdiction over this and Sewer is definitely one of those that we have no jurisdiction over that so I just want to fully you know disclose that from our perspective I mean you know there's a we meet the requirements of the of the size of the lot to have a septic tank that I know for a fact um beyond that I I couldn't say but um thank yeah I'm glad you you clarified I just you I don't want to promise sounds do anything but uh yeah yeah if they develop the rest of the property to town houses it'll Force everybody to go to sewer right well hopefully that's not going to happen we like it the way it is I do have to um and now Mr lant is here um the in 2007 the prior action where where um rezoning of these properties was first attempted um Mr lefant had a agreed to do a lot of these um things at the time in 2007 and because they weren't done is you know this is how we are today where we are so these are things that have been sort of backtracked all the way to back then and I just need to put that into the record because you know they they should have been done back then so there were requirements that were met there were requirements that were there were conditions of the 1983 action there were requirements of the 199 for which Mr lefant was not present there were requirements of a a different 1997 action for which Mr lefant was not present but there was Al also the requirements of the 2007 action for which Mr lefant was present so this is a a long um string of actions by several boards that Miami day County um uh the the Town Council and the Planning and Zoning Board and many building many iterations of of actions on these two properties and we're just trying to get it right once and for all and just kind of move forward into the future in a fair manner in a Fair Way correct question so then the bond will create be created so that the actions are taken and the improvements are done then correct that's the reason for the correct and and and that at least these two properties we have under control it should we find a way to to um redo the entire area either through grants through um um the section 170 of the I want to say I'm probably saying it wrong but the the Florida statute 170 that allows the the neighborhood uh Service District to be created or through any other mechanism we can release the bond and let them go on the merry way and join whatever other action the rest of the neighbors are going through uh but this is just a way to at least Ensure that we're not just resoning this and making a non-conforming situation and I know we talk about non-conforming uh situations and how do we not make them worse right this adding another single family home to this area would make a non-conforming area worse even more non-conforming than it already is so that is not something that we can sort of bless um so how much time do they have to do the roads and everything because I mean if you're Bond and then they can have it returned to them and you set up a the neighborhood uh the neighborhood area to do all of it how much time do they have to actually do the work if that doesn't happen in the case of a bond the work would actually be done by the city so we would the town would use our own consultants and our own uh um public works department to actually carry out the work it would just be paid through either through the bound or who through whatever other mechanism we figure out that they can all pay into um and and obviously we would allow Mr Nai and Mr pagi to build their home because we would already have secure the funding for the project right okay so they would be able to build a home they would be able to build a home we would not be building a brand new road and then destroying it with his excavators because he would be obviously coming in and out of there so we would wait for him to finish his home and then build the road because that makes more sense right but we would take advantage of the time to you know design engineer and put out put it out for bid yeah they would only be responsible for 144 up to those two lots though not way to the end of the street correct not at the End of the Street correct there is a third lot in there in very wisely UC who is not in this conversation that I don't think they have even dedicated their portion to 144 they have not so I want to put a motion on the floor to approve it with the exception of the drainage to allow them to have we have to close the hearing first my mistake the other owner want to speak Mr Naji if you would like to say anything you and Mr panagi you're welcome Mr BAGI has his hand raised oh yes can you hear me yes we hear you now welcome okay thank you thank you so uh as far as the drainage goes I just want to clarify that the current septic tank systems have been Advanced significantly and um it is uh quite compatible and the compatibility of uh the the water levels I think for the for the the local area um we are aware that the um the area it's in E uh AE uh flood zone and uh the septic system which is the C uh cfts which we were advised we will be using for the property uh it is compatible to and safe for uh that matter uh as far as the chapter 4 section 4142 for the Miami Lake City code for the minimum requirements for a septic tank our property actually meets the standards as far as the size goes and uh it's actually uh uh Beyond even the standards uh to meet the requirements for a new subdivision uh according to the code from 20122 um which allows the old subdivision to be able to build a septic than hello yes Mr Naji we heard you thank you you want to close the okay we're going to close the um discussion so I'm going to go ahead and put in a motion to approve the uh the agenda item with the exception of the drainage for the bond so that they're allowed to do their septic tanks because you know with reference to the question I had before to bring the the the drain from Lakes Radiology all the way down 77th to 144th it's going to be a very heavy expense just so uh for clarity the drainage that we discuss in this particular item right now is not the drainage of the sewer system of the home it is the drainage of the road so there's drainage for the properties not the sewer we need we need storm water system dra so when it rains things don't get flooded and that's that's the drainage that we're discussing at this point where the the whether or not they go on a septic tank is a completely different discussion for another day in time okay at this point the only thing we're concerned with is and again if if the entire area goes onto a sewage system for the homes for the not for the storm water which is a separate system right but for the homes then that would be a separate item that we would not be uh making them incur we would be finding some sort of grant funding to be able to bring everybody into the some sort of sew then I amend my motion to be approved with the at the recommendation as listed with all of the conditions that are listed on the agenda I'll second that a motion you have some discussion B you have to ask us we want to do discussion do we want to discuss it right yeah go ahead no no he has that was a point that he has what we're doing is basically recommending approval uh for the Town Council to actually approve from what I understood this is not one of those things that we have a final say we just recommend approval correct the town counil still do recommending approval you're recommending that the Town Council approved the item on second reading right I just want to make clear that that's our our only um um I guess jurisdiction or or the only thing we could do right now with this item is recommend the Town Council to approve and that was the motion which I seconded to recommend to the Town Council to approve uh this ordinance thereby uh allowing you to build the the home I just want to clarify that correct and you do have um the prerogative to discuss the conditions and to add or subtract from the conditions the uh the only thing I would like to see is that the Town Council keep in mind that uh the ability to do R1 there and to uh have it in mind that that can be done by approving this we can end up with a bad situation there they put on properer correct large enough to do Town correct so that's where the second part of all this comes in is that's the right where where we start working on looking to the entire area as a whole and looking at and it should hopefully in the new year that's that's where we're going in the 2025th uh year we would be looking at rezoning the entire area to bring a little bit of uh stability to the area and just uh to have some um you know planning done that can actually added recommendation to the council that they consider resoning the entire consider resoning the entire area and look at at the sewage problem that will exist there they try to put it on AV okay no further discussion we vote on the motion so the motion is from board member Sanchez which was seconded by board member Julia motion to approve item 5A as per staff's recommendation and it was further explained that this they're recommending the the Planning and Zoning Board is recommending approval for the Town Council to approve this item and the ordinance in second reading that is the motion so we're ready to do the roll call Board member Sanchez yes board member Julia yes board member DEA Sierra yes chairman leonio yes the ordinance and item 5A passes for you got to call the next item it's on page 73 okay next item on the agenda it's a v h 2924 9311 through V 20243 29 26 I'm sorry 26 so request Loreno I know you're listening and we're starting the item five B I just want to make sure do you want me to read the order of the Planning and Zoning for this item do you hear me a little bit better yes we do actually okay yeah I I the the order is uh first of all make sure that everyone has been sworn in that is going to be giving a testimony uh everyone that is there uh from the Planning and Zoning Board uh please if you have any exp party communication please disclose that uh before the hearing begins uh the way that it should proceed is the town should give its uh presentation first then allow the applicant uh to give its presentation uh then if there's any uh public testimony uh for that to be uh provided uh once all of that has closed uh the board should then close the public meeting and then it can entertain a motion and discussion uh if at any time they wish to uh have additional or ask additional questions of the applicant Andor of Staff uh they can go ahead and reopen the public hearing portion of the meeting so following the instructions given by the town Deputy Town attorney again um I State for the record that the board members did disclose their um expart Communications they all stated in writing that they have not had any Communications with the applicants and as well earlier this evening I swore in all the applicants that are going to be providing testimony so I just wanted to state that for the record and for the planning department Susan Alonso again um I'm entering here the staff report into the record um I'm going to allow the applicant to make their presentation staff is recommending approval as as presented uh but I'm going to let them uh present their application and and I'll be here for questions there we go good evening Melissa tapenz offices at 200 South bisc Boulevard Miami I'm here representing GT homes USA I'm joined by Autumn sarrow uh with ownership uh my colleague Benjamin Sherry as well as Landscape Architects de seus and Sephora chavaria as well as our civil environmental engineer Oscar Robina uh together we're here to respectfully request your approval of a variance con to construct a continuous bulkhead across Lots 2 through 16 15 total Lots at the new Palma delago us project um consistent with uh the approved to uh council's um site plan as well as cons consistent with your staff recommendation I do have a presentation I think sometimes pictures are worth more than a thousand words although I'm not one shy of words so if we can put up our presentation that might be helpful thank you all right excellent uh so this is the property that we're going to be speaking about today it's over 16 acres of land um it is an enclave located at the southeast corner of Northwest 162nd Street and Northwest 87th Avenue uh back in 2008 uh the Town Council approved the Dunhill Cove first edition subdivision um as well as the Dunhill aisle plat it was record it was recorded in 2008 and together it consists of 37 Lots um they vary in size between 7,700 Square ft and 18,000 ft 400 square ft this is the site plan um as it was approved by the Town Council back in 200 23 um and here you can see a rendering of what the project would look like it's 37 Lots estate style residences five different home models 10 distinct floor plans uh with four custombuilt homes Lush Landscaping um Lakefront uh for all Lots except lot one uh we also have a dog park and a nice little idic Bridge uh that um is part of the proposal um so why we're all here uh today is because due to the passage of time between the original subdivision of the land back in 2008 to the present what's happened is that the lots are significantly smaller uh due to erosion as they were originally platted the plat provides for specific the top of Bank um and the different regulations as it relates to each Lots which have changed so we're here to basically legalize what is our proposed civil engineering in order to address the issue and the issue to be very clear was the presence of unique Sandy soils that can of course degrade over time due to runoff um down the existing slopes and that's what really compromised the stoil the soil stability and led to the formation of reals causing this kind of concentrated runoff so what we're proposing to do is the actual um request a variance uh to allow for this bulkhead to run parallel to the water's edge um and create modify that top of slope so this is what um a crosssection of the area looks like and you can see what the top of bank was originally and what we're proposing to do specifically and I know it's part kind of small on your screen so I'll take you from um left to right where what we're proposing is the in green is what we're actually proposing to infill the lands um so we're proposing a bulkhead um at the water's edge and you can see what the current conditions are in the hatch and you can see that if we allow the existing conditions to continue uh there simply wouldn't be enough actual uh land to build not only the proposed homes uh but also what we all expect in living in beautiful Miami Lakes which includes um you know Paradise in your backyard right so a nice pool a nice area to enjoy and that simply would not be possible um with the current condition due to engineering so what we are proposing to do is to provide a bulkhead and this bulkhead is intended to stabilize the embankment uh which as I mentioned the soil is not of the condition that we think will be resilient enough um we also want to restore the Lost lot area to comply with the plat um as well as the town code so that we comply with lot area setbacks and all that kind of fun stuff we also want to make sure that maintenance for these homeowners in the future makes sense so for example if you're providing a slope um which could be nice and SED but the soil underneath is not uh worthy of that kind of stabilization what we see is that for the homeowners association to maintain that is basically an unnecessary disaster pure that we want to mitigate it also improves water quality the lack of of soil erosion and continuous soil erosion throughout um additional storm events uh will be um mitigated uh we also want to ensure resiliency uh not only to prevent this future erosion but also Soil and Water degradation throughout the town and these water bodies are all connected um underground um and obviously another big concern is the idea of insurance cost right we know that there's an issue we have the Technology and Engineering available to mitigate the issue we want to do that and obviously avoid uh future residents of the Town needing to pay things that they don't need to in insurance so we understand that this is a lot by lot variance um I don't want to give you bore you with information but we are prepared to answer any questions that you may have I do have um what it looks like lot by lot so that you understand why we need this and because of the structural Integrity of the bulkhead we need to do the bulkhead on all these 15 lots a budding 162nd so we'll start with lot two and you can see that this is the Western most lot on 162nd and to give you an idea of what that says and I know it's a little small but basically the top of bank erosion in land is 11 ft that's how much land has been lost here what we're proposing to fill is 1,435 Ft which is 14.7% of the lot and that's actually not the lot that's in the worst condition I'll take it to I mean you can see here the top of bank erosion is 14 for lot four uh 14 ft for lot five in lot six I understand that this is one of the most complicated Lots where we have uh 15 ft of erosion um which is of course significant to a 9750 ft lot and that's almost 177% of the lot area um so these issues are significant um and again we're very grateful that engineering exists to allow for this kind of Bulkhead uh condition with that said um we have each one of these lots that we can go one by one and answer any questions that you may have um I pointed out the worst one and there's also this Lot 12 which is actually 20% of the lot is now waterw um so this is what we believe is um a wonderful result to what could be a very problematic issue um in the future that we're hoping to avoid um as your staff analysis provides we satisfy the Practical difficulty criteria um we um are our own um adjoining property owners we're compatible with the development patterns in the town there are bulkheads especially in the lakehouses uh we believe that this preserves the essential character of the neighborhood especially with all the uh improvements in the town deay dealing with storm water resiliency uh we believe that this is substantial Justice uh be done by the approval of this there's no detriment to our adjoining properties uh these are unique circumstances that are costly to address but we think that it is definitely worthwhile for this incredible new subdivision that we know that there has a lot of interest uh within the town so our entire team is available for any questions that you may have um we want to thank um Miss Alonzo and your town staff they've been very helpful throughout this process and we're available for any questions thank you I have a question through the chair with regards to the bulkhead I'm going to give you a little bit of backstory right now in the ton of miam dakes we have a canal on the north side just south of 170th Street and the bulkhead that was created there on the canal because that was eroding to protect from any you know anything else eroding that bulkhead has been deteriorating over time so it wasn't highest and best used it wasn't so what type of bulit is going to be used to make sure that it has highest and best use and will last for a long time and won't fall back on the residents that will eventually be living in these homes absolutely so we're actually working with uh providers of specific product specifications um we have um Oscar here he can um answer any questions that you may have but uh we that goes to an issue that I wanted to raise regarding condition number three um that specifically provides and this is in your staff analysis additional Landscaping as approved by the Planning and Zoning staff um particularly the bulkhead system shall be planted with native plants materials as per manufacturers instructions and plantings shall be maintained and replace as needed so the what the we're not asking for a modification what and this will go into what um Oscar will tell you that we are looking at the most advanced systems with the most obviously uh manufacturer warranty we were originally proposing a geow web uh now what we're proposing is a rip wrap system that does have the opportunity to have some vegetation screening but I'll turn that over to Oscar for for more details yeah I have a question through the chair how would you tie back which is basically the question he's asking how are you going to tie back or maintain the rip wrap there because you either have to put in piling or you have to tie it back otherwise you're going to lose again so Mr deera um you are very correct on everything you're saying um so initially let me start with we're we're in the midst of like pulling permit at this point for this project for construction of some of the homes and we've been kind of scrambling with with getting this together in front of you and initially when we spoke with the town the same concerns that Mr Sanchez brought up were mentioned to us um and from what I understood from Public Works not only in the town but also in uh the city of Obaka that's had similar issues with this ja web is um that the maintenance Crews from the county have actually been damaging this system um and actually the this was shared with the public works director here that opaka is in the midst of putting together uh some sort of action against the county for damaging this system and they're aware of it in the town but um since we started we thought this was going to be a good option because the maintenance on this wouldn't be similar to a canal where you're familiar with the r the boats that basically lift up and are taking the weeds out now after interviewing a handful of the contractors that are involved with this construction we're backpedaling on that idea and this I this may not be the best option for a a resident and have a 20 30y year lifespan um we're working back back and forth at this point with a structural engineer to see whether or not we're going to use a concrete style uh bulkhead or if we're going to do a sheet piling with um with cap option so right now that's the options that we're looking at um I did see a design already for a retaining wall um and they're waiting on Geotech to confirm placement depth and those kind of items um but we're working back and forth so the GE web is not going to be the option that is constructed okay so if you do the sheet pilot I that's definitely going to be staying there and holding until it rusts away oh I agree no it'll it'll be aluminum which is great I see them rust away all the time yeah if you do the concrete then you'll have to drive some type of piling to hold it and you'll need tiebacks to hold that whole system so that's why I think that the the Sheep piling was being looked at separately yeah because we can't put tiebacks but are we going to tie it back into the pool that's not going to work you don't tie it back into the pool you tie back sir tie back into the ground beneath the pool sir um tie back you can't the depth I understand sir I was making a joke I apologize that it wasn't that clear I thought me laughing after the fact was was uh was was serious oh no no no no no no no I I'm not a structal engineer to be honest um and I don't want to represent one even on TV realize no so we are looking at alternate options on that and and as Melissa mentioned um that one condition number three would be easy to address with regards to either one of these two options as we would still have to have some uh I guess land on the water side of it here's a question you have 15 you have 15 residences here how many feet of wall are you going to put in there 1500 1600 the full well as you know we the full length right we can't we have to go the full length and tie it back back it has to be tied back at the ends in order to mitigate coll and if we have if we do have a a sheep piling system I think that we can mitigate that that aspect of it as what I understood in the last meeting I attended so I I believe it may be going towards a sheep piling uh but it will be engineered uh and signed and sealed by a Florida State uh State of Florida registered professional engineer so the design will be will meet requirements through the chair I have one more question has the effects of blasting in the area been taken into consideration for the life of the bulkhead I can attest to that and that'll be part of the uh Structural Engineering uh calculations uh by the read by the public works director here at the town okay the chair I have another question so part of this is what goes from whatever retaining wall you're going to do back onto the resident um normally the from wherever the retaining well which would be I guess the end of the person's lot into the water cuz I um the water there belongs to the water the lake itself there's most of the lake is owned uh by the adjacent property owner by the low D with a correct uh but the actual each lot has its own water as well as part of the platted lot so we're not bu we're not uh filling the entire lot we're still going to just as the the plat provides for that each owner will have its waterfront as well its actual water and from the end of the lot wherever this retaining wall is going to be built or whatever is going to be built the bulkhead isn't there doesn't the code require a certain level of a slope onto the Waterway yes the well it doesn't it doesn't the variance yes it allows that's what that's exactly why they're here um they were going to be allowed to to rebuild their type of slope and maintain the slope as required per per the plat the plat but because the soil was not stable enough to hold that slope once rebuilt because it has eroded in barely 20 years um that's why they're proposing a different method um original intention was to the town allows one foot you can do RIP W one foot in in the rear yard soil which is what I have in my one to retain the soil because my concern is is just just making sure that it's brought up is I guess the depth of the water I mean normally there's a there's a certain slope Beyond like I live on a lake too and my end of the lot but I live in a gated community where the lake belongs to the community and so we so we have a slope and then into the water there's another slope and it has to go at a certain level here with what you're what it's being proposed so that I am I understand the depth of the water at the end of this basically this is going to be on the water and it's going to go straight down like a canal kind of thing I believe it's going to go to existing Water's Edge correct they've had some uh they've had some uh erosion but they're going to go to the existing Water's Edge and build up from what I understand 6et and then infill all the way right but what I'm saying is the depth of the water Beyond and Beyond is what it is now which is does anybody know it didn't say in the in the drawing no we I mean we it's not it's not that deep as my teenager says it's not that deep no so it's it is irregular um as the the letter I submitted stated while we were removing the vegetative species that had grown in that ledge some of that was damaged and it's no longer what we anticipated it would be and that's why we're here so the material is basically sloughing off into the lake when we're trying to get that slope so I think to your to I think the issue Bas my concern is more of saf is safety I'm we're going to have a fence we're going to have a fence correct you're going to do a pool so you're going to have to do a fence correct exactly because my concern is you know like now if they if you go somebody goes into my Lake you know they could go about six feet into the actual water and they're still right walking around then afterward we we're going to have uh a fence to go along with the pools and Landscaping so that each lot will have that and the maintenance of that Lake though is not going to be part of the the association correct it's private that be low done with corre the Indian thing yes Madden's hammock yeah through the chair Suzanne is there an existing TI line there that because you can't build a fence past the tie line right so they're rebuilding the Tapo slope the the the tie line or Tapo slope which is the is remember that the top of slope or the tieline and and this is for Mr Sanchez's uh benefit because we have done many a pool yes beyond the Tha line we love our pools in the town at Tha lines um the thail line is an imaginary line that exist at the point where the the property slopes into the lake so that that point where it slopes starts sloping in is generally where the tieline is that's why we also refer to it as top of slope in general those two should coincide but the ti line is an imaginary line the top of slope is an existing line so in the case of these properties that were platted back in 2008 correct um the ti line and to of slope was supposed to coincide they did not they did they started the top of slope began migrating further into the property as time went by and in the subsequent 20 years basically in some of them quite quite a bit of land has been lost um just uh for um for whatever's worth uh this project has been under work for a good part of four years we started having conversations Mr Mr s Hasan has had our first meeting in March of 2020 under the shutdown one of my first Zoom meetings ever it was fun um the initial consideration of the developer was to uh get front setback variances for these homes because the the homes the resulting Lots were so narrow in depth that they couldn't really get all the stuff in there and we advise against having the front setback um variances because that would reduce the area for parking it would just be a lot compatible they're maintaining the 25 foot setback so so in order to be able to have their 25 foot setback in the front we do need to rebuild the portion of the land that they need to have and again the initial idea again because the road to life is paved with Initial Ideas was to just rebuild the tap of slope and then um and rebuild the top of slope to the ti line right so now words speaking correctly right so so look like naturally into the lake as he used to but they have found that the soil is not doesn't have enough strength to hold that slope again so that it will continue to erode unless something else is done to sort of keep it okay and and that's why we're here and which of these lines here that are shown in the uh boundary topographical survey will be the actual location of the rip wrap there's a uh dotted line and then there's a hatch line with a with one space and then there's a can you go back to the section so we can we can show him okay all right so so you can see the platted top of bank that's the vertical line okay and you can see the current top of Bank conditions in the hatch line right I believe wanted to show me so so here you can also see the top of you can see how the existing um property what's in green is what needs to be filled but the actual property line includes everything that is in water in this picture we're still including water the goal is not to just you know fill the everything that we can it's just to make this as best as we can and we recognize that as we move forward with the engineering we will likely be coming more landward right we won't be going outward into the water we're going to be coming in landward so the rip W you're going you're proposing to do would be a straight rip wrap across the whole property or is it going to be flowing in and out per per units my qu that's my question is right it's going to be the entire it's going for for Structural Engineering purposes you're going to do a straight RP all the way across correct you're proposing proposing to do as opposed to the line that we have now correct and that would be because the line that the line that we had in our plat was also straight well I see straight line across that comes basically through halfway through the Little Finger Lake there right so what is in green is what is being filled right but at the end of the bulkhead will be straight correct it won't have any curvature to it correct do you foresee the houses on the north side of 160th Terrace also needing this no if not we would be we would have done it as part of this I really hope right on the island yeah talking the is on yeah Northwest 160 St the houses on the north side of it no that share the same water correct that that is uh working well here we had the issue with the front setback as well right we just couldn't fit we didn't want to ask for Unnecessary variances we thought that the board and the town would appreciate engineering right it's because of the sizes of the lots I'm assuming right and and these face the street so we want it to be compatible with the Royal Oaks neighborhood that surrounds it got it is there anticipated decking west waterw of of this slope sorry waterw no uh condition two provides for um that we'll have decking waterw of the reconstructed reconstructed top of slope so that's part of the plat line right and for that to be limited to to 25 Square ft okay so basically in Beyond this new constructed wall or whatever retaining bulkhead they'll be able to go 225 ft no this is regarding the that little line that she's showing there we're not considering we're not we're not going to match to okay we're not changing the location of the tieline we're just St izing the tieline correct so that the so the location for it for purposes of zoning is still going to remain in the same spot which is why that note was put in there there is still a little bit of um things that zoning allows you to do beyond the tieline and they continue to be able to uh Avail themselves of those improvements if they need to but obviously they would have to be within the requirements of town C right Town staff has made clear we're not like double dipping or making up land or none of that stuff just to keep it compatible I guess yes absolutely and that's why they suggested this variance instead of the setback variances agree thank you so we just want back to the condition three we just want to be clear on the record and with staff present that we'll just need to work together as to the location of the planting materials due to the um obviously the structural engineering but our intent is to provide that Landscaping so so regarding that that section three um I guess we could since the bulkhead system is still not really designed I think we're fine with with condition three I think it works but we wanted to be clear on the record that we're it's no longer going to be a geow web most likely be a rip wrap and we will be able to provide the native planting materials per the manufacturers instructions that are still in process we just wanted to be clear for the record but the book had um just like we are putting there that the additional Landscaping approved by Planning and Zoning I would probably recommend that the bulkhead system be clearly that that bulkhead is going to also be approved by Planning and Zoning or building or whoever is going to approve of it to make sure that its structural integrity and stuff like that safe while the other components I'm sure they would defer to the public works department and the building department for structural review nothing gets past this town without planning the Zone it is no longer the 1980s good one can you tell I grew up here I don't have further questions neither do I I wish to ask about uh because I know Mr SE has a already has ideas about this um because this I I did do some a little research on the geoweb system so that's why I was suggesting about the plantings I'm not sure how the rib wrap works with plantings and I'm curious about what that's going to look like right from from the perspective of whoever's on the water or beyond the water sure um I guess we use the term rip wrap kind of in a general understanding but it will be some type of a loral Shelf with a proper soil condition that will both um provide for a planting surface of um um aquatic plants which will be for the areas that are submerged as well as some upper plantings in the in the Upland area right so imagine you have a sheet wall system and then a shelf that kind of start to taper down and then you have your water kind of right here right so we'll be able to plant all the way up and I think we could provide the a nice buffer with Native plantings that can eventually grow from you know four to five six feet create a nice screening so from the houses across the lake they won't see a retaining wall right it'll be a nice vegetative element right right to screen all that behind beautiful okay thanks you're welcome all right no more questions for me thank you yeah close close the public discussion I mean I just would like I I have no problem in in proposing a um the motion to approve I just want to clarify the bulkhead uh situation to be you know approved by whatever department is appropriate within the town yeah I'll second it for discussion so we can discuss it my concern here is the make sure that they do tie back so that we don't lose the structure that they're going to do into the lake right as I see part of the lake is going to be taken away from the the lake that is there now part of the lake is going to be taken away and if we lose the structure back into the lake is going to be a nightmare right right I just want to make sure that they they do some type of tieback so we don't have that problem that it is put in the record that a tieback should be done or needs to be done for our approval for our approval for our building department that for them to understand that we need to make sure that there is a tie back it's just not RI crap late along the edge like I've seen done on many occasions and then it fall and during a really heavy heavy rain look look what happened now and we lose it into the lake or we lose it into a canal and that's my only concern there is there currently a code within the town that says that the bulkit has to be made of a certain material with a certain type of tieback no it's you're free to engineer it's just approved by the building department the building department can't tell you how to build it right uh but they have to approve it so it has to be approved by the engineer that actually does the review the reviewer does that part of the for the tone plans so generally these systems and correct me if I'm wrong um they're already engineered to uh behave in a certain way and they do come with their own specifications as per the man manufacturer as to how they are to be installed in different conditions and in different circumstances um obviously durm is going to be involved or South FL not South Florida Water Management District because this is not uh one of their canals but definitely durm is going to be involved definitely our public works department is going to be involved in the permitting of this system and uh obviously they will be you know considerations as to the structural Integrity of it at the time y but I can add I can add a condition to that I don't see it doesn't hurt I don't see it in any of the paperwork where you know correct the reason is because the system that they were proposing in the at the time of I think they've changed the system it used to be the geeb system which had one set of that I think they're uh considering a different system which is the ri wrap system and and that would also be again installed to manufacturers uh conditions yes well any system that they install that's you know completely up to the developer or the contractor that does it but and we can't see it so that's why I'm making the uh correct I'll I'll add that as one of the conditions one of the conditions Golder roll so item 5B Council um Planning and Zoning Board member Julia made the motion and it was seconded by Planning and Zoning Board member De Sierra board member Julia yes board member De Sierra yes board member Sanchez yes chairman leonio yes the motion passes well yeah see we have a any report by the do we have a report we we do have a little bit of a report we're working on a new calendar for the new year we are not meeting again until at least the new year and um yes elections um are making a mess out of our life so um between elections and holid there will be no meetings until the new year and in the New Year we're looking at uh adjusting the week the week that we would be meeting we may not meet the next year in the first Tuesday of the month we may change it to a different Tuesday we're sort of working with the council to see if they want to adjust their meeting date as well um and we will be notifying you of that and hopefully uh requesting your uh availability on that okay so tentatively for now we're still tentatively scheduled for the first week of January but we may amend that to a different Tuesday okay of the month correct it is it is it's like a whole it you only did one meeting what are you talking about for