##VIDEO ID:ajkzrYYSKaQ## we're good okay all right good evening everyone this is the U Tuesday October 1st meeting of the north Miami Planning Commission um let's all stand and do the pledge allegiance to the flag and I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all everyone Madam Secretary we going to have a call rooll please certainly sir chairman er uh present Vice chair mcdeid pres commissioner each pres commissioner blir is absent so far commissioner C freed is absent H commissioner Clark is absent is that an excuse or absence Mr Clark is that an excuse absent for Mr Clark no one is excused today because I was not notified by anyone okay yes um commissioner Bob pres and commissioner Besson present we have a quorum very good um do we have any amendments to the agenda none very good um and so do we want to continue our discussion on I'm sorry um there's just one thing I wanted to make note of um in the package that was posted the floor plan is Incorporated in your package but everything had already been printed so you'll notice that I put the floor plan to the side great that's all thank you um so in Communications uh we want to continue our discussion on the next planning meeting are we not have we resolved that or staff what is um but first I think we have to do the approval of minutes we missed the approval of minutes yeah you're right I'm sorry so on my fault I uh that's okay move for approval of the minutes of the September 12th uh 2024 minutes and then the approval of the amended minutes for July 2nd 2024 let's move on the first um minutes of September 12th 2024 so moved by Mr mcdermaid do I hear a second second by Dr Besson all in favor I those minutes have been approved and then finally for the minutes of July 2nd 2024 these are amended minutes um I ask for approval on that so moved by Mr mcder seconded by seconded by Mr Bob very good um now we'll move on to U yes to the okay so discussion that we we need to have about our meeting plans here yes so um we are looking to have it this came up after everything had already been posted but it looks like we're going to have to have a special meeting on um well we were looking at October 14th but no October 10th 10th October 10th October 10th um some are able to make it so far some are not so we're going to look to see if we're going to do it on the 17th so I will have to confirm that probably tomorrow but definitely um the one for November 5th that happens to fall on Election Day correct so we can't have it on that day right um and so we are looking again to have that one on the 14th that's the one that's November 14 November 14th of November so to be clear so we was looking at having a special meeting on o October the 10 we had quum for that but it seems to still be some um conflict because of other city meetings that are going on that day so the suggestion was to have it on the 17th the room is reserved for the 17th for us if you wish to have it on the 17th and iied the staff that I'm not available for any of those meetings so Mr mcder would would have to cheer okay okay on November wait wait I have a question so I had heard that the meeting for October 10th needed to be advertised right and the ad was going in today that's correct so you'll have to do a read for the 17th I will I will okay so 1 I why don't we use the microphone yes sir I thought you could Rel my lips I'm sorry I thought I thought this the attorneys weren't going to be available on she's going to oh by okay she's going to float in thank you was the in are you using a microphone November 14th November 14 yes for November it would be the 14th I think the 17th of October for the special meeting and November is going to be moved to the 14th due to election 14 okay yes so if I may um through the chair so the reason why we are requesting this special meeting in October is that you know at our last meeting we had for on the 12th of September we had the impact fee study that was reviewed and we also have coming to you the mobility um study both of those items need to be reviewed and approved by city council prior to January the 9th to meet that deadline we would need to be on the October 22nd city council meeting for first reading and to get that we need to have that Mobility um study reviewed by you in a recommendation and then we will be looking at having it on the 22nd along with the impact study for first reading and then second reading would happen in November because we anticipating that we may not have a December meeting right so now is this is a result of our last meeting where the study uh that has nothing to do with anything that was presented to us at the last meeting on the the on the on the rate on the impact fees correct nothing it wasn't that dead landine that I'm speaking of was already in baked in when we came before you last time on the S on the 12th with that one um but because of so few City Council meetings being left on the calendar the city manager said that we need to move expediently get these items before them so we can ensure that we can get both readings in before the year ends okay I understand everybody understand all that I'm sorry sir uh 14th of November yeah then I'm fine for that okay um and that is a Tuesday correct uh Thurs it's a Thursday yes whenever all special meetings usually take place the following week on a Thursday on Thursday okay got it when does the U new Council get sworn in so we're anticipating they anticipating runoffs so they that's why they would think it' be the first meeting in December that they may be swearing them in and if that's the case they won't have a regular um meeting with regular agenda that meeting but none of this is eston Stones we'll see what happened on the on the 5th and and to staff can we can we review everybody's terms that are on the commission um I I believe my term is up for reappointment as well as a couple others I think so I am so we need we need to get a review of that if there's any questions that need to be taken care of on that matter okay but if you could give us a rundown if you wish to to send that to us through an email or whatever oh um I will because we need to know how this would would impact anything that's moved or or or not I will be here and if anybody you know okay for a smoother transition let's put it that way if we have any pending items that we can finish it up before the next city council takes takes over over I mean that's just my suggestion all right I'll do that all right um I just realized so you you will not be seeing me at the next one okay I won't be here all right but I'll try to get that information to you um could I also make one other suggestion um the fact that uh the two individuals are not here you could actually turn this uh microphone to uh Vice chair that one which is all the way over there could be turned towards you and then Dr Besson you still have one that way each person you don't have to go back and forth okay yeah okay there you go okay Contin this on there we go um so do we have any continued public hearings at all no we do not all right we'll open up the public hearing portion of this and I'll ask Mr H do we have uh is this a quasi judicial yes it is proceeding can we go ahead and swear everybody in before I read in the U and I'll do with a summary also of procedures okay so you want to do that first yes yeah I'd like to do that if I I could okay chair recognizes Mr H for the reading thank you sir so these this is a summary of the quasa judicial procedures that are applicable to the item on tonight's agenda these rules apply to applications on specific process of land like zoning map amendments special exceptions variances and conditional use requests the commission will sit like a court hence the term quity judicial reviewing the facts presented at the hearing applying the adopted rules as explained by staff in the staff report and verbally commission members can make site visits but must disclose the evidence upon which they intended to rely from that visit Commission members will disclose at the beginning of the hearing whether they' have had Communications with individuals on behalf of the applicant or otherwise including who the communication was with and what the topic of the discussion was all persons intending to speak to the commission will be sworn by the clerk the staff will make a presentation and the commission may ask questions the applicant will then make a presentation including expert Witnesses if any and the commission may ask questions when the public hearing is open the public can make comments on the application limited to 2 minutes each citizen testimony must be fact based not opinion commission may ask questions and the applicant's attorney if any may ask cross-examination questions members of the public can decline to be cross-examined staff may present additional testimony to supplement orbut arguments made the commission then deliberates based on the evidence presented the commission's decision must be based on competent substantial evidence meaning based on the record staff presentations expert presentations and fact-based comments by citizens according to the standards for approval set forth in the city code the commission may approve deny or continue the item so while staff previously read into the record emailed or mailed comments uh or letters since the the uh the letters are not competent substantial evidence for example it's not sworn testimony subject to cross- examination the board's decision cannot be based on what is contained in the comments or letters but they can be used to identify issues and help identify sources of information that do contain cop substantial EV evidence upon which a decision can be based written comments or letters submitted before the meeting are part of the record and available for review by the commissioner board we don't have so um lastly we ask each of you to treat this proceeding with respect and proper decorum no calling out interrupting speakers or disrupting the me proceeding please give this proceeding the same dignity and respect as if you were in court disruptions are prohibited and enforceable pursuant to the city code please also silence your cell phones thank you thank you Mr um at this time I would like to go ahead and just pouring in since this is CL judicial anyone wishing to speak on this matter uh we ask you to stand and be noticed and be sworn in anybody who's speaking on the matter we need you to please stand at this time and be sworn in okay do you swear or affirm that the testimony and evidence that you are about to give will will be the truth the whole truth and nothing but the truth I thank you very much thank you you may be seated and uh before I do the reading this Ro I want to ask commission if there's any uh one who's had prior U comment under commission disclosure um anyone talked or or had a discussion on this item with anybody in the public or with the petitioner uh on um Mr uh Clark and I uh I believe Mr clerk I just want to bring up that I uh called your attention to the uh oversight and the text for the draft that was presented to us with the date that was corrected yeah that was corrected yes so that's the only communication that I had on this item with staff uh to advise them that there was a correction that needed to be made on the U on the draft um the date was wrong um on when that was decided on so that's that's since been fixed I don't my copy that I got in the email is still wrong I don't know if the printed copy has the correction in it or not I believe it was on um in section um it's on the section second page of the resolution and that draft where the date was said that the public hearing was held on July 2nd and found to be consistent with the plan and keeping with it and then recommended the approval uh to be moved to the mayor and city council which of course that didn't happen and so I wanted to sure that was corrected that language was corrected so um it would need to be updated I'm seeing that the um um text that was uploaded with the um um on the um City website still shows July the 2 and I changed it to this date because this what an action would take place today right assuming on the decision tonight too by the way correct yes and then that would be corrected yes all right very good and the other Corrections that was brought to my attention by May um chairperson um by um Chief each is that the um Northwest 24th Street should actually read Northeast 24th Street than you for catching that CH each and that is um I show that under concurrency Section Road right it has um Northeast 125th Street and Northwest 127th 124th Street that should be Northeast and the other section that I saw it in is in um staff um analysis number five is also showing that same um delineation Northeast 125th Street and Northwest 124th Street and it should be Northeast 124th Street so noted thank you and that should be it sir yes thank you very much so let me go ahead and read in the uh tonight item it is pc1 17- 97 this is a resolution of the mayor and the city council of the city of North Miami Florida approving an application for a conditional use permit in substantially the attached form for the conversion of 103 dormatory units to residential delling units for purpose Redevelopment consisting of four apartment buildings that are comprised of one 60 one uh uh unit 60 unit four-story building two two-story building housing a combined 2/3 units one twostory 11 unit building with 138 uh parking spaces on five Parcels of real property located at the following address 1705 1704 1725 1740 Northeast 125th Street and 1705 and 1735 Northeast 124 Street specifically identified with Miami Day Port uh dat folio numbers 06- 2229 d007 d390 06- 2229 d011 0- 001 0 and 06- 2229 d007 d0 350 and finally 06- 2229 d007 d440 and finally -6- 2229 D 07- 410 totaling approximately 2.75 acres in accordance with the article 3 division 4 sections 3-42 through 3-47 Article 4 division 2 section 4-25 and Article 4 division 3 sections 4-34 and 4- 310 of the city of North Miami code of ordinances chapter 29 entitled Land Development regulations providing for an effective date and all other purposes Mr cook may we have a staff report please thank you Mr chair um Derek cook I'm the assistant director with development services department as you may recall this item was heard on July the 2nd of this year and during that meeting you had concerns specific to the size of the units and based on that concern as I recall you wanted to defer the item to allow for the applicant to come in to discuss the interior of the of the the building and to um confirm that the units would be at least 500 square feet or more and size and in that mind if if you have me I can go through the presentation again if you wish or if you want to attend to those specific concerns and the applicant is here this even to address those questions certainly um anyone on the uh commission um I have concerns and need clarification on the interior design as far as the size of how and the and the make up of each one of the units so that's probably my specific need we did hear the other aspects of the uh plan that I guess have not changed that's correct so um has anybody want to review anything like that first or have Mr cook touch upon um or do we want to just concentrate on what our main concern was as to what the plans were for the interior design of this of of this building and then what effects it may have in the overall um impact of of the project so none okay so Mr cook go ahead and and if you want to address just what we had requested which I believe was the uh interior design give us a little bit clear picture this is kind of hard to see the the print out that we got um Mr cyre is now present chair recognizes that and we can begin so I've also brought up on the um screen if it's would be illuminated the actual floor plan for the yeah okay that that'll help because it is kind of hard to see in the size that it is right now um Mr cyer chair recognized Mr cyer has joined our meeting um and just Mr cyre we're beginning the presentation on the item um which we have narrowed it down to the um if you recall to us wanting to have a a better idea of the floor plan that's going to be presented so this is what we're going to concentrate on with the presentation okay thank you Mr cook I apologize go ahead and continue so with that in mind um we have here this evening the applicant representative Mr Chris Collins and he'll be able to address your concerns as to the make of the interior and the meeting the standards at least for the um size and any other specifics that you would like to know about the interior design of the um units okay also um now we had discussed the fact that um we we want to Crystal Clear as to what the situation would be with tenants that are if any or occupying those those buildings at at the present time and this is something that I did ask the city to look into uh can you provide me any kind of clear um answer as to what will happen with those people now were anything was anything in violation with the city with them living in there or or or any violations taking place right now so what we have here is a non-conforming situation um with these units non-conforming in capacity that the unit that the um the area is Zone pu which is public use it does have an overlay District only which is the north Miami transit station overlay District that allows for residential use through a conditional use by you activating the um units through a conditional use permit the applicant is before you to to obtain conditional use approval for 103 units to make these current units whole and legal right now the operation is a non-conforming and is not operating in legal standard with the city because they do not technically have density to have those units functioning right now thus is why they're before you to get this conditional use permit and going before city council to get the approv may I I would like to ask Jennifer uh and and and our our committee chairman or counsel um I have a problem with the fact that this is they they are currently in violation technically correct by law right now can you explain that to us that we're making the decision on the fact that you know in fact that you know I I I want a clear a picture of whether or not this could be considered substandard housing that they are currently under and and how the city can so can legally allow them to reside in this with either further or or you know to remain there uh while this process is being is taking place so they're not inv violation because of substandard housing they're in violation simply because of um to be honest Johnson and Wales coming to North Miami these were existing buildings before Johnson and Wales ever came into existence they were being leased out and rented for many years Johnson and Wales came here and um as part of their campus master plan um made these dermat and the zoning followed Johnson and Wales um now that Johnson and Wales left with very little notice and um we we didn't have the ability to transition the Zoning for that area um these are the same units that have been there since they were built being used for the same purpose it's my understanding that primarily there were dormitories but there was um also residents were not restricted from also um renting in some of these dormitories I don't know the story on this exact building but it I wouldn't call it substandard housing it's always been a um considered apartments available and allowed for use in the community it's just a zoning issue so they but these buildings did undergo inspection by the city uh routine inspections I guess that minimum housing every year any any multif family dwelling is required to go through a minimum housing inspection so that's why I said when you say violations for substandard housing those are the type of violations that um I would I would be thinking of and and that's not the case here the case here is it's um an adequate unit it's just not zoned correctly because there's no students left to be inside of that unit so I mean if if we want to on a sticking point or or whatever technically if somebody's living in a overlay District that um they are living in a non-conforming house that would that would relate to this even though it's we can't kick them out correct property correct I think there's probably a lot of businesses and a lot of um personal properties that people are residing in that are non-conforming uses you can't anybody up for that correct it only becomes an issue um once that use is abandoned all right and that's the issue that this this property unfortunately is inherited that that original residential use was abandon when it became a dormatory and now it's no longer a dormatory so what is it right because it's not zoned as um residential it's zoned as pu um but there is an opportunity to allow it to be residential by granting the cup so so now in the construction phase or the remodeling phase which I'm sure that will take place and the the petitioner will probably explain that further um I just want to make sure that current residents you know we we need to to find out if they'll be displaced or if they in fact should not be living there while this is taking place or if they can live there you know I I I I think we all would kind of like to get a clear picture on how this will take place so if you know so to to the chair and if I may um um AIT what the um Deputy City attorney said this process to to your concern about subing would not be a process that would have cured a substandard situation that is a housing building issue that they would have to address if that was the case and we would not be bringing that before you without that being done this is to what the um City attorney stated is a review they have to go through a building review every year and they also have to do their 40-year um review as well it doesn't exempt them from those type of standards this is just to make them hold so they can legally operate as a residential units so technically if if uh it could be the same if an apartment building that's currently occupied wants to do Renovations you those residents would not necessarily have to move out if if they want to come in and and do Renovations I mean you know I'm looking at this for the fact that will their life be interrupted with them doing construction and everything else and and you know what what's the plan for for dealing with residents that are there if in fact they want to come in and do massive Renovations or improvements to the property I I you know I I'm a little not concerned but I'm not knowledgeable on how that can be handled so if I may do the chair it considering that scenario let's say if they did not have to go through a conditional use permit and we had had an apartment building that I wanted to come in to renovate and he had people existing in it um that would be a that would be the issue that you're bringing up would be there for that renovation as well as if they wern't coming in to do Renovations here I'm going leave it to Chris to speak to what level of Renovations will transpire and how they will conduct dealing with the existing tenants Within the building things that effect that's going to I think all of us probably our decision on how to move forward with this if we know the situation with the residents so Chris if you may I'm sorry with all the questions but we needed to get some clarity that we did not get the last meeting unfortunately because there was nobody here to represent the company you're representing so I turn it over if you can introduce yourself and give us your name and address thank you chair my name is Chris Collins with Urban Design offices at 666 Northeast 125th Street North Miami just uh a block away so to answer a couple questions um that have been presented there is 103 multif family units only three of them are Studios at approximately 520 Square ft 92 of the 103 units are 1 ones with an approximate with an average size of 750 ft and there's eight two twos which have an average size of 1,50 square ft so the one and two are are pretty pretty generous size and as I mentioned these exist now or is just a plan uh I'm going to get to that one second so can everyone see this plan here if not I have papers I can hand out as well kind of following along here okay so the building that's to the far north is a four story building that building actually was built by Johnson and Wales as a dormatory building the balance of the buildings to the South were all previous multif family buildings or or houses residential buildings that were there prior to Johnson and Wells ever coming to to North Miami so my client purchased this assemblage of of properties when the Johnson and well School uh left so the building to the north as I mentioned was an existing dormatory building our client uh did pull a building permit to modify those units and there was a number of dorm dorm units that had to be converted like for example two dormitories into one apartment so there was significant work that did occur in that building the construction budget alone I believe was somewhere around $25 million all of that work was completed completely brand new gutted units all new floors kitens bathrooms essentially brand new units um and all of that was permitted through the city the balance of the buildings um were former Apartments so the only thing our client did was flooring kitchen cabinets renovation there was no need to move any walls or or do any significant work because um as a Madam attorney had pointed out those those properties were built previously as multif family unit buildings all of the units meet current Florida ability code or city criteria in terms of the minimum minimum square footage um as I pointed out A Min a majority of the units 100 of the 103 units are greater than 750 square ft which which is fairly generous in in today's standards um so to address your question about anyone being displaced or Renovations or physical work there's no proposed physical work the our client did all of that work before anyone moved in so there's no one that's being displaced or moved out or that work actually already has occurred you know it's not to say something could to happen in 10 years or or down the road there may be other Renovations but um significant expense was was completed once our client bought the property for to avoid exactly what you're describing there was no one displaced all of that work has already occurred you understand that none of this was presented to us at the last meeting and you could understand I I'll take full responsibility for that I had a personal emergency come up and I had to send a colleague of mine who was unprepared and I I apologize tremendously for that we did put them under the under the microscope unfortunately yeah I had to uh I had to buy lunch the next thing well explained sir um okay uh this is a public hearing are you are anything else you want to add sir happy to answer any of the questions that you have I have to open up the public hearing for record sure public hearing on this matter is now open anyone wishing to address this item please come forward seeing none okay uh public hearing is now closed and we'll just turn this over to questions from the Commissioners anybody have any concerns s or or clarifications yes sir Mr B yeah I I would just like to know how many uh units are occupied at this time in that that first building your North building is that a curiosity to my knowledge all the build all the units are occupied maybe a vacancy here or there but they they've all been occupied okay and you said there was uh numerous two bedroom okay I see it here majority one bedroom 92 of the 103 units are 1 ons average unit size 750 8 22s at 150 in in three Studios pretty good size yeah okay I don't have any further questions okay thank you no I have I have no questions everything has answered obvious build vac and roving the time vac which we know yeah which I I'd like to point out that we did not microphone Mr microphone Mr CER oh sorry we weren't on all right thank you Mr Bess uh again I I have no real input on this one because you've answered the questions none of the residents were displaced they all moved in after the renovations were completed the uh floor plans look respectable I I think this should move ahead okay very good thank you sir Mr mcder uh no questions all right Mr Bob oh no questions I Mr thank you just just one question I'm a little bit confused I walk by there every day uh I was reading your letter dated March 14 2022 and you requesting in it in addition the former School initiated a process to vacate northeas 120 fishery we would like to inquire where the previous Zer left off and Vaca Street and the next steps necessary to potentially vacate the street as originally proposed wasn't that vacated isn't that the one behind the Gates yes and that's what all the brick P was out there exactly I thought that was already vacated so the school vacated the road but they never recorded the transaction or the deed okay all right so when our client bought okay the properties that was still showing as a public road yeah no I CU I remember that being vacated and I was just yes and then we we went through a process with the city of figuring out where they left off and it was it is vacated it is vacated yes okay yes all right I I thank you that's the UN question yeah yes it it's a it's a nice appearance too it really is yes very nice aesthetically I'm satisfied with your presentation like I said I turned it off instead of on when I reached in there um like like I said reiterate um if we'd had this information at the previous meeting I'm sure we would have not had to be here tonight so um um you know um thank you for clearing up some of our our questions on that that because we certainly had a different picture because of not getting any answers yeah and that didn't didn't help in our decision my my apologies okay um well chair um ask if anyone like to make a motion for approval all right I move we approve this as presented Mr cyre is this uh second Mr uh Mr cyre moves for approval of the item seconded by Mr mcder all in favor we'll do a roll call on this real quick okay chairman erns uh yes Vice chair mcar yes commissioner e yes commissioner seed yes C freed uh commissioner Bob yes and commissioner Besson yes okay the item moves U uh unanimously unanimously thank you so much very much thank you thank you Derek for getting helping us with the clarification on some of those items um so at this time ask if we have any committee reports from staff anything nothing no um any old business left over none a new business we've already discussed the the meeting uh had Communications on that upcoming meeting I don't see any other items so I call for adjournment so move mov by Mr mcdermaid second and by I second M Mr C second thank you very much gentlemen we are done