Village Commission - Regular Meeting

Yeah.

You guys ready? Okay.

Good evening, neighbors and friends. Mayor Rachel Streifeld calling to order the April 2026 meeting of the North Bay Village Commission. Madam Clerk, will you please call the roll?

Commissioner Acosta? Here. Commissioner Cervone?

Present.

Commissioner Adaro? Here. Vice Mayor Cook?

Present.

Mayor Streifeld?

I am here as well. Let's all stand for the Pledge of Allegiance. Okay, before we move on to the order of business, I need to take a point of privilege and ask you all to join me in a moment of silence. We need to begin by paying our respects to our colleague and my friend, Nancy Matea, the late vice mayor of Coral Springs. I don't recall exactly when I met Nancy, but I do know that I loved her instantly. She was full of joy. She had this energy that made you feel comfortable and powerful at the same time. Like when she was smiling at you, she was encouraging you to be absolutely great. She was an incredible public servant in Coral Springs. We were elected the same year in 2020. And I had the privilege of serving with her on the Florida League of Cities legislative committee. We would conspire about sustainability and seawalls. And a few people the last couple of weeks mentioned that Nancy was the commissioner on the dais. who would remind everyone that we don't drink from plastic bottles at sustainability meetings. So she just was such an incredible public servant. She was not motivated by power. She was not petty. She was motivated by the idea that she could make people's lives better, and she did. She served the public in the truest sense of the word, serve. She inspired people to be the best version of themselves. including me. So please join me as we honor the brilliant and much too brief life of Nancy Mateo with a moment of silence. Thank you. Thank you, everyone. And now we're going to all join together and sing happy birthday to the vice mayor. Just kidding. We're going to move on to the order of business. I have some ideas about the things that need to come at the top of the agenda. We're moving around some presentations. I believe our recognition to the North Bay Village Chamber is going to be at the top of the presentations. And then we're going to move down to recognition of employee of the quarter and then police officer of the quarter. I would like, if the commission agrees, to pull item 14H, which is our community contribution fees and our fee schedule update. I think we need to have that discussion at the top of the agenda. We need to make a decision one way or another, even if the decision is to continue deferring this item. um but let's take that at the top and then after that we'll do the development related items for our ad uh which is a site plan approval a development agreement amendment and a t-plat application it's just those three right council okay so that's that's my proposal i don't have any other requests or changes yes madam mayor we also need to pull item 11a and add it to that

group because it has to do with PDRs. And then I want to pull for discussion item 11E. All right.

So 11A, you want to talk about at the top sort of in conjunction with 14 or after.

After the discussion, I'll add it all.

It's all Related.

Okay, all right, understood.

I would like to add a discussion item.

Wait, hang on one second. You said you want to pull 11E from consent as well?

Yeah, that's a discussion.

Okay.

That's not related to that.

Vice Mayor, you want to add a discussion item?

Yeah, it will be brief, discussing the early morning concrete pours.

Okay, so that can be 14J.

Concrete pours from the developments.

Early AM concrete pours.

I want to remove 14D actually from it. I don't know how I made it there. Okay. I'm misunderstanding. All right.

What about 14? We don't need to discuss it. 14D.

She talked to the village manager and got her questions answered.

Motion to approve the agenda as we just discussed the order. So moved.

Okay, we have a motion and a second. Are you good? Okay. Madam Clerk, please call the roll.

Commissioner Cervone? Yes. Vice Mayor Cook? Yes. Commissioner Acosta? Yes. Commissioner Darrow? Yes. Mayor Stripal? Yes. Motion passed.

All right. So we're going to do presentations and then open forum, and then we're going to take 14H and then the development items. So Commissioner Acosta, I think that this presentation to the chamber is your item.

Yeah.

Go for it.

Thank you so much. Good evening, everyone. As you all know, we started a chamber here in North Village, and we're very proud of the service it provides to the community and all the work they've done. Tonight, we have two of the representatives from the chamber. If you don't mind, David and Kristen, coming forward. And they want to talk to you a little bit more about the chamber and the work that has been done. It is an investment from our town to have a chamber, and they're giving us their recap from the year and also what's coming up with the chamber. Thank you so much for coming tonight.

Great, thanks very much. Good evening, Madam Mayor, Vice Mayor, Commissioners. Great to be here tonight and thank you. And Doris asked us, Commissioner Acosta asked us to talk about the chamber and we're gonna give you a bit of an update as to what's going on and what's coming up in the future. So my name again is Dave O'Hagan and I'm one of the founding members of the chamber and with me is Kristin Minahan who's the Executive Director. So I'll start off by saying that it was almost three years ago to the date today that the initial seeds of the chamber had begun, were planted. And it's been an interesting journey. That meeting brought together, we brought together all the developers at the time, three years ago in the village to look at how can we collaborate together to tell the future, to sell the story of what's to come in the village. and that evolved into a number of discussions and meetings and then January last year we launched the chamber and it's been absolutely fantastic we've done a variety of events that brought people together not just in the village but in the the surrounding areas and we we started from the beginning to say how can we make this chamber different than every other chamber We want to support businesses and help them grow and thrive, but we also really wanted to make it a little bit different. So in doing that, we combined the traditional networking events with a more holistic person-centered approach. And so we've done that by running events for the benefit of members of the community, of chamber members, but also have run activities. which are more intimate workshop style events that allow people to really get to know each other. And so we really believe as leadership of the chamber that community is a big part of it. People thrive when they feel part of a community, when they're supported by others. And it's worked really well up to this point to create that type of atmosphere for the members of the chamber. As well as the community. And so it's been a fantastic journey. It's been an absolute pleasure working with Kristen, as well as Commissioner Acosta on it. It's a fantastic leadership team. And there's been a great deal of enjoyment, growth, and success as a result of that. So we've got a number of things coming up that Kristen is going to talk about.

Sweet. Kristen Minahan, again, 8000 West Drive. I live here in North Bay Village and super honored to represent the North Bay Village Chamber of Commerce. To point out what Dave was saying, I think the most validating piece for us in launching the chamber a year ago is watching a room full of neighbors But strangers to each other actually develop real-time connections with their own neighbors to now walk into a room of best friends and people that they can lean on for business opportunities, for partnerships, and people that they can count on. So our exciting event coming up on May 29th at 6 p.m., we have our one-year anniversary yacht cruise. We have some different sponsorship opportunities that we're offering today. So again, if you are interested in participating, attending, or learning more about our upcoming event, please feel free to reach out. Follow us on Instagram. It is at mbvchamber, or you can reach us by email at info at mbvchamber.com. And thank you. We really appreciate your support, and we're excited for what's to come. And we also have a wonderful website. Oh, yeah. And that. And we have a website. It's www.mbvchamber.com.

One of the things that is really cool about the chamber is that they're offering sponsorship opportunities that include membership. So there's a lot of value provided within the sponsorship. And they're also collaborating. You're collaborating also with our community center, Grand Opening, correct?

Yep, absolutely. So we're looking forward to that as well. I believe there's some items on the sponsorship we're talking about today.

Thank you guys so much for everything you're doing. We're super excited about it.

Thank you.

Thank you. Who's doing the presentation of employee of the quarter? Is that you, Mr. Manager?

That is through me where Janice is going to make that presentation.

Are you ready, Janice? Don't apologize.

She's coming.

She's coming. And then, Chief, we need a little bit more time for yours. You're good? Okay, great. Okay. Janice Rosado, ladies and gentlemen.

Good evening, Mayor, Vice Mayor, Commission. It is with great pleasure that I am here to present the Civilian Employee of the Quarter Award. And this year, this quarter, that goes to Victoria Galan. Victoria, if you could please join me up here. As she makes her way up, I'd like to say a few words about Victoria. Ms. Calan has been employed with the village for the last three and a half years. as customer service specialist, primarily assigned to the post office. Ms. Galan is also cross-trained in building department functions. Ms. Galan greets all customers with a welcoming smile and is always willing to go the extra mile to help a customer when needed. Her quiet and pleasant demeanor, as well as dedication to her job, is noticed by all employees and residents alike. I'd like to read to you a recent email received from one of our residents regarding Ms. Galan. I wanted to write to let you know about my experience with Miss Victoria. It is truly refreshing to encounter someone like Victoria. She was incredibly patient and helpful, and I am deeply grateful for the assistance she provided with my 90-year-old mother's passport application. Most experiences in other U.S. post offices are not as pleasant, but she made the entire process smooth and stress-free. Even the lady behind me didn't mind waiting for Victoria to help her. She always helps me. You have a gem here with Victoria. And it is for all of these reasons, and it is my utmost pleasure to present this award to Ms. Galan. Leilani is Victoria's director, and if she would like to say a few words.

I mean, there's much more that she does for this village, but certainly she is a very bright and welcoming face for anybody that walks into the building. Anybody that ever has a problem, she is super reliable. I can always count on her. She's great. And I am happy to say that I did interview her and I was so happy that we made the decision to hire her several years ago. And I hope that she continues with the village. You deserve it. Thank you for your service. Thank you so much.

This is for you.

Thank you.

Victoria, that's amazing. Thank you so much. If you want to say something, you're more than welcome to, but do not feel pressure. Thank you. Okay, let's do a photo. Well, let's do them at the same time at the end. So, okay, Chief Moriega, you're up.

Good evening, Mayor, Vice Mayor. Happy birthday, by the way. Members of the Commission, members of the administration, and members of the public. My name is Carlos Noriega. I'm the Chief of Police. Every time we do the officer of the quarter presentation, I always say, these are some of the most difficult decisions. And I'm very glad to have that just that one big problem. One of the most difficult decisions I got to make is selecting one officer or a couple of officers in this case, that do something really special to represent the police department in the village. Picking one officer or just a couple out of all our folks for a quarter, after all the amazing work, the great performance, and the delivery of service, it's not an easy thing to do. But this time around, it is with great honor and pride that I present Corporal Jairo Burrell and Officer Bonnie Herrera as the officers of the quarter. Please come up. Luckily, this incident, they responded a lot faster than you are right now. We got some extra special guests here also.

If I had known you were here, you would have been leading us. Yeah.

So I'm sorry. So on January 21st, 2026, Corporal Burrell and Officer Herr responded to an emergency at 7928 East Drive on Harbor Island in reference to a male in distress at the marina. Upon their arrival, the officers were directed by a concerned Good Samaritan to the end of the pier where the distressed individual was located. The male was discovered in the water clinging to a pier column after falling from his boat which was secured to the dock. The male advised that he was unable to exit the water on his own and had been submerged in the cold water for approximately 30 minutes prior to the officer's arrival. Recognizing the immediate danger to that individual, Officer Herrera quickly located a rope and deployed it providing a critical means of support. Under Officer Herrera's direction, the male used the rope to maneuver towards a nearby vessel where Corporal Burrell had strategically positioned himself. Corporal Burrell then physically secured the male and deployed a ladder to a boat assisting him out of the water. Once removed from the water, the male exhibited signs of fatigue, labored breathing, and bleeding from a facial abrasion. Corporal Burrell and Officer Herrera remained with the male and continued to provide assistance until Miami-Dade Fire Rescue Engine 27 under the command of Lieutenant Grace arrived and assumed medical care. AMR ambulance subsequently transported the male to Mount Sinai Hospital for further evaluation and treatment. Due to the coordinated efforts, decisive decisions, and calm professionalism displayed by Corporal Burrell and Officer Herrera, their actions directly contributed to the successful rescue of an individual in distress. They both prevented what could have been or resulted in serious injury or loss of life. Their combined performance with this life-threatening incident reflects great credit upon themselves and the entire police department by exemplifying the highest standards of law enforcement service. This individual that was in distress and in the water for 30 minutes at their rescue happens to be one of our residents. So congratulations and a great job. And being selected, officers of the board. Thank you.

Is Deputy Chief Behar, do you have something to say also, please? Yes. Yes. Perfect.

So, to both Foster Herrera and Corporal Jairo Burrell, representing also the quarter certificate for January through March of 2026, your detailed dedication and unwavering commitment. Thank you for your outstanding contributions towards our goals and for making our organization stand above the rest. Awarded this 21st day of April 2026, along with a gift certificate from Commissioner

Congratulations to both of you. We're so grateful to you. I'm very, very grateful.

Thank you. Okay. Christina, you're going to direct us in photographs? Okay.

We're going to do some photos with everybody. Sorry, guys. Just bear with us. We're going to move on to substance in two minutes. I mean, not that this isn't substantive.

Thank you.

Turn the certificate.

Green side up.

Thanks, Heidi.

Okay, so we're going to move on to the open forum portion of tonight's meeting. If everyone could listen closely to what I'm saying, these are instructions for open forum. If you're gonna make a public comment about the ELAD development, don't speak now during the open forum because the ELAD project is a public hearing and we're gonna open the public hearing. We want you to make your public comment as part of that public hearing, okay? If you want to speak about any other item on the agenda tonight or anything for the good and welfare of the community, this is the opportunity to do that. You're going to come to the podium. You'll have a couple of minutes. You'll say your name and your address, and you'll share your concern or your suggestion with the commission. Do we have anyone who wants to speak during open forum on anything on the agenda? No, everyone is here for the, I have this really dark joke that I'm going to put extraordinary development projects on every agenda so that residents come and listen to what we are doing that is not related to development because there is quite a lot of stuff going on here in the village. But okay, if not, speak now or forever hold your peace. We can close the open forum. No one on Zoom is raising their hand?

No, Madam Mayor.

Okay. All right. Well, we're going to move on then to the first item. which is 14H, and this is a resolution of the mayor and commission of North Bay Village, Florida, approving an updated fee schedule for administrative services, building fees, and zoning fees, providing for implementation and providing for an effective date. This resolution comes from Village Manager Rolison, but we've had several discussions on the dais about updating our fee schedule, particularly on the entitlement side of things. So I think our county attorney, our village attorney is going to introduce this item. 14 each.

Thank you, Mayor.

Yeah.

So I have a presentation, a brief presentation that I want to walk you guys through to explain the item. You guys have previously seen the layout of the fees, but I want to walk you through a little bit more about what it means. Where's my start slide show? play from the start. There we go. All right. So the community contribution fees, just to refresh your memory, there are two types of bonuses. We've got height bonuses in RM70. We've got density bonuses in T6. We now have a third category, which is a height bonus in T6, which was just approved last commission meeting. Of these two, the height bonus in RM70, there is a base height that is allowed up to 150 feet. The bonus applies to anything that gets up to 240 feet. And then the only way to exceed that up to a maximum 312 is through a purchase of TDRs. That comes with a TDR purchase. The density bonus in T6, we've got a base density of 70 units per acre. You can bonus up to 120 units per acre or 150 units per acre. This is the current formula. So in RM 70, when you're getting height bonus for every 10 feet of bonus building height, it's calculated at $750 per residential dwelling unit. As far as the density bonus, it's a flat fee of $20,000 per unit that you get. That's the $20,000. Okay. Now the proposed that you all previously saw as a discussion item was a community. Then it was to figure out the fee. It was multiplying. It was calculated by multiplying the bonus square footage being sought. So if you are increasing the height by, call it three floors or four floors, let's say. Those four floors have a floor area associated with it. So that would be the bonus square footage. And then multiply that by the land value, the cost of the land, divided by how much could you build there, okay? So it's a rational way of determining, okay, what's it worth? People paid for this land based on what they could build there. So you're finding a price per square foot, and then you're multiplying that by the bonus floor area, okay? So the policy basis was essentially that these air rights are controlled by the village. Village can... modify or toggle the levers of development approvals of zoning in order to get the maximum benefit for the village. This is a way to do that. And that's the policy behind this, okay? The proposed change to the fee schedule, this is what's on your agenda, okay? And it's a resolution to make changes to the fee schedule. This, for the RM70, it's the same formula we just saw. It just defines the terms a little bit more accurately. Same thing for the density. It's still the same, the floor area of those bonus units multiplied by the land value divided by the floor area, okay? Example, $5 million land value, if let's say you could build 200,000 square feet and the actual bonus part was 50,000 square feet, you would put these, hello, I mean, oh, here we go. You would put these into the formula that would the 50,000 times the 25 million divided by the amount that you could build there. And you get a square foot charge of one hundred twenty five dollars per square foot. That's a total CCF of six point two five million. OK, that's an example, like a theoretical example. Let's let's look at a case study. OK, this is on your agenda this evening. I want to just compare what what's what. what is in place now versus what could be done there. This parcel is seeking four additional floors of bonus height. That's a total floor area of 89,068 square feet in the top four floors. Okay. The fee under the current ordinance, which you will see reflected in the development agreement on your agenda, is $282,500. Okay. Now, the land value, according to the property appraiser, this comes straight from the property appraiser's page, is $10.975 million, okay? Based on the max floor area that they can build there, okay, and we have a formula, a way of arriving at that, that's 339,000 square feet of floor area. That leads to a CCF per square foot of $32.38 per square foot. That would equate to a total CCF of $2.8 million. Compare that to 282,500, it's about a 10X difference. Now- Just to give you some comparison points, we look at other jurisdictions. In the city of Miami, the map that you see there on your screen is the map that was adopted back in 20, actually 2000, 2009, I believe. It was supposed to be re-evaluated every year. It has not been re-evaluated. It's been this way forever. I think they've added pieces to it, parts of the city, but the costs per square foot are still the same. Remember, the one we had just looked at was about $32 a square foot. These range from about 10 and change up to almost $19, okay? So it's different rates per square foot based on the location in the city of Miami. I pulled an average of 1350 per square foot just to give you guys how this would compare. If you were to apply it to 7913 West, you're looking at based on 89,000 square feet of bonus at 1350 per square foot, about $1.2 million. Remember, we were at 2.8 under the new formula. South Miami, another jurisdiction that does something similar. They are charging $30 a square foot. That's comparable to the 32 and change that you saw for this site. But there's also a scheduled increase on January 1st, 2027 to go to $50 a square foot. So that's the way their system works. If you were to apply it here, the CCF is 2.6 million bucks. Again, compared to 2.8. And then after the increase at $50 a square foot, it's far exceeds. It's $4.4 million as opposed to 2.8 that would be calculated here. And then just to give you one more comparison point, the recent bonus height in the T6 transect was $100,000 per vertical lineal foot, so a million dollars every 10 feet, up to a maximum of 30 feet. So that... We equate here based on 37 lineal feet of bonus, $100,000 per lineal foot, $3.7 million. So that's still, that's greater than what was proposed. And I'm happy to answer any questions that you may have.

City Council Chambers L' Only thing is so much. City Council Chambers L' Before we open it up to the day, as I see the mayor mayor emeritus joined us, and so you have a an opportunity to comment on this item, Mr Latham if you want. City Council Chambers L' yeah did you want it yeah.

Good evening, Mayor, Commissioners, staff. Ms. Chang, good to see you. Village Manager. Hey, Tony, good to see you too. Hey, this is well put together. Guys, I'm coming here today as a taxpayer, right? Lots of taxes. It's imperative to get the most out of these development agreements, all of them, because North Bay Village is a small place. And we've already got development. We've got things moving along. There are buildings coming up. And so we can afford to. push a harder bargain than we have in in the past the other thing about it and i see the comparisons the comparisons are good south miami um miami this is north bay village especially when we're talking about harbor island we're talking about waterfront valuable property very small residential island it's valuable And so you need to charge the appropriate price for development. It's imperative for the residents of our village that you get the best out of these deals. Now, fair deals, fair deals are important. And we're not talking about whether you're pro-development or anti-development, that ship sail, right? We are for what's best for islands. But when we're approving development, please make sure to get the best deal. So when we're looking at this particular deal, the number I heard third round under the current code was like 200,000 or something. Again, I might be misinformed, might not be completely informed, but in the $200,000, $300,000 range for 100 feet of bonus height seems very small in Miami in 2026. It's just a small number, insignificant number for something that's very, very significant. Ask yourselves how much developers making by building 100 extra feet of height in a prime area of Miami-Dade County. It's a big number. We could do back of the envelope calculations. I've individually gone through back of the envelope with a couple of you guys. Not a developer, but we're talking to the millions or multi-millions of additional profit for 100 feet. Fair for the village to want to get a share of that in exchange for allowing this sort of development. So think about it. This formula looks very good, very well thought out. you know, on the surface looks like something without studying that should be strongly considered and supported. So again, as a taxpayer coming to support, you guys making the best decisions for the stakeholders, the villagers and your constituents in terms of making sure the village gets a good deal from development going forward, we need it. I want to congratulate you on the work and I'm supportive of you guys, the mayor and the commission, again, in getting the best deal for taxpayers. Thanks for all your hard work, guys.

Thank you, Brad. Appreciate that. Commissioners, questions, comments? Okay. Would anyone else like to make public comment? Are you timing them?

Don't get too enthusiastic, everyone. I do have a handout, if I could hand it through. What I did is a little more

Thank you.

Okay, I guess you can hit the button now.

Graham, Penn, Burke, Howard, Del, Fernandez, Larkin, Tappan is 200 South Biscayne Boulevard. What I've handed out to you is a comparison of multiple things. It compares The development agreements approved for Sunbeam, Continuum, the related SAP, as well as, I don't know why a poor little LAD is becoming the poster child of this resolution, but my current project under the current code the application of the additional fees as Mr. Rocio discussed, and then as if this project was coming in from the beginning. Those are the comparisons here. And you can see the differences here are stark. Under the new code, if I was coming in with this application on the LLAD project brand new today, without doing any of the other improvements, The total fees would be almost $9 million in TDRs and in high fees, which would be almost half of what we paid for the entire property. It's $93,000 a residential unit. If you compare that to our lucky friends that happen to be in T6 and happen to have SAPs, Sunbeam paid $5,000 for its 1,900 units per unit. Continuum, another big player, paid $4,000 per unit for its 547 units at 600 feet in height. So what this reso is doing as drafted, it unfairly discriminates against smaller RM-70 lots in ways that discriminate against these properties in large numbers. going to discourage redevelopment in RM70 completely. And I know I only have 59 seconds left. There was obviously, I don't know how many other folks are here to speak on this from the development community, but in the last couple of days when everyone realized what this really meant, I've had a significant number of panicky phone calls about the idea that what this does as drafted, if it's imposed immediately, as the resolution contemplates, will significantly negatively impact the future of the village and the redevelopment of a lot of these underdeveloped properties. There is a way to ensure the financial future of this village. That way is ensuring high quality redevelopment. As one example that I always give, little town similar in size, our friends in Surfside, they added a billion dollars of value to the taxable base. At the same time, in one year, at the same time, if I could get another 30 seconds, Madam Mayor, one year, they added a billion dollars of taxable value to that town, while property values decreased by 3%. And the reason that that happened new development, right? High quality development ensures the financial success of this town and to strangle it by imposing these new fees immediately without any transition period, without any time of bringing them in. We're going from zero to 10 times what the current fee is immediately, right? There's no time for this to be absorbed in any way, shape or form by any property owners. It's immediately gonna be imposed on anyone. People who have spent millions of dollars acquiring property, assuming based on, again, I know fees change, but based on a fee schedule that it's been in existence for a very long time. There's ways to do this that will increase the fees, right? If we say the fees are too low, I understand, right? And it's time to right-size them. There's ways to do that. There's ways to look at it and spend a little time in figuring out how to implement this problem. Go ahead. I apologize. I'll ask one more point of personal privilege, but let me ask you just, I would suggest that I would ask you. if the commission's direction is to adopt this fee schedule, which again, I suggest you delay and consider and work on workshops, but my project that's in front of you tonight that has been vetted and and reviewed by for months and months and months and has a development agreement in your package that has the number in it based on the long accepted uh fee schedule should not be implicated by this so if there's a resolution to impose these fees it should be at minimum uh effective in 10 days but again i would urge you to continue to work through this because the sudden imposition of these fees is going to be a significant issue for property owners throughout the dealers. Thank you so much for your time.

Thanks, Graham. And I just have to respond because you and I spoke by phone yesterday and during that conversation, I reminded you that this fee schedule adaptation to 2026 reality, economic reality, the realization that the village has been undervaluing its incentives for quite some time, this has been in the works for actually at least six months. This item has been on the commission agenda at least twice. We've heard presentations from the economists that we retained to study this. Our village attorney has presented on this. We've actually had two, I think, discussions in the sunshine about the possibility of changing our fee schedule to be more effective at mitigating the impacts of the redevelopment that we agree we do need to see. So, you know, it's not a surprise. It shouldn't be a surprise to anyone. All of those notices were public and open and we had some really meaty discussions. So just wanted to respond to that. Does anyone else from the public have anything to say? Mr. O'Hagan?

Hi again, Dave O'Hagan, 7927 East Drive. So also as a developer, in addition to my role in the chamber, we're very much supportive of the community and paying fees that are fair in market rate. Our understanding of the report that was presented from the consultants was that there weren't comps done in that and to get an understanding of what is a fair market for those types of rates. So it appears that, and Graham was alluding to that, the rates that are being proposed are at approximately 10 times what the current rates are so as developers we're very much supportive of paying market rates and fair ones and graham used the word strangle i think this the current rates are being proposed have risk strangling many if not all new development projects which would obviously have an impact on future property tax values and future revenue for the for the village so We recommend, as Graham did, workshops to better understand and ensure that the rates that are being proposed are fair to developers to find a balance where the development is supported, but also not driving developers away from projects such as ours.

Thanks, Dave. Does anyone else want to make a comment? Okay. I appreciate the comparison that you provided, Graham. I think there's a really important difference here. I suspect that the 10 point something million dollar value for the subject property is reflected based on the sale from S2 to the current applicant.

That's correct.

Okay. One of the reasons why North Bay Village overhauls our zoning code back in 2020 is was to incentivize good redevelopment and to do so quickly. So in 2020, we drafted a code that would reward the developers who not just got their entitlements, but moved forward and submitted building permit applications because an entitlement is a completely different thing than a building that is certificate of occupancy and that is on our tax rolls. And our goal is to get buildings on the tax rolls. So by overhauling the code and incentivizing development to come online more quickly, we attracted all of this interest and we should be proud for the impactful and efficient way that we did that. The property that we're talking about tonight was entitled two years ago. And the prior developer made promises to this commission, and to me personally, that it wasn't gonna be sold, it wasn't gonna be sold, it wasn't gonna be sold, that they were gonna build, that they were gonna build, that they were gonna build. But they didn't, they flipped the property. And now the applicant who paid over $10 million for it has come back and wants additional entitlements. I cannot control, we cannot control what an owner does with their property once they've obtained entitlements. We have no way to compel someone to file for a building permit. We have no way to guarantee that an entitlement is going to lead to actual ad valorem revenue. All we can do is get the absolute best value for our property, which includes vertical property, air rights, um at this point in time in a public hearing when we review the application i take this incredibly seriously as your mayor so while yes i want to encourage redevelopment of property in north bay village we have to be honest about what we're really getting every time we spend hours here going through a development agreement

Guess you're all waiting for me to speak. Totally disagree with you, Madam Mayor. First of all, you have to take a look at the market. We have a project called Tula Residences. Thankfully, it is slated to finish by the end of this year. Started in 2018. They have half a dozen units sold at the most. They're working with their own capital. I realized that the values that we have posted there were to incentivize, but there was an incentive that you build within the first 48, first 24 months. It was done in increments. Shoma was one of the ones that this commission at the end gave in to what was originally given to him with an after-fact not building. Finally, we have two buildings going up, three with Tula. Hopefully in the very near future, we're going to have one more, which is Pagani. The moment we pass this resolution, I can guarantee that all we're going to see is accumulation of dust and overgrown grass on Ellard North Bay Village East Drive owners, Continuum Investors LLC, Urbanica, Genesis, Prosper, and any others that are planning on coming in. What you're doing by this is going back to 2018, 2016, 2010, when the properties kept flipping and flipping and flipping and nobody wanted to build. These are properties, all the ones that I have mentioned, that have come up in front of us. We have sold TDRs to. TDRs stay with the property. So whomever they decide to sell it to, whatever price they decide to sell it to, has the right for the density. Now they're talking about, hey, this gentleman can come in tomorrow and say, the hell with the project I presented. I'm going to do Shamoolian's project. And all he pays is $282,000 because it's already paid for, it's already site approved, and there's a development agreement. So that's what you're asking for. For a project that's high class, that's beautiful in comparison to what was presented to us, to be done. If I was a developer, that's what I would do.

Yeah, for me, I think, uh, a 10 X overnight in community contribution fees, uh, it doesn't protect the city. I think it would, I think it would stall our progress. I think we've been, you know, having a lot of momentum with what's, with what's going on. I don't think, you know, I think this sends a message not to build here that, you know, that we're, that we're out for, um, everything we can. And, you know, I, uh, I'm with you. I don't want to leave any, you know, I think we need to make fair agreements, um, I think based on what Tony was saying, if we're at $32 a foot in our calculation and the average throughout Miami-Dade is between 10 and 19, I think it's very reasonable to be in line with that. I think that number also doesn't take into consideration offset and other things that we've asked developers to do, such as our island walk, which is a great amenity for all of our residents. You know, I think, you know, I'd be worried that this is, you know, from what I've heard is it's a progress killer. and that, you know, it could stop all the momentum that we've had. And meanwhile, the last, you know, thought on that, when they talk about, you know, I think, you know, Mayor Emeritus, you know, had mentioned that, you know, they're going to make additional profit. You know, profit is theoretical. You know, the developments now, it's not been an easy game for North Bay Village. It's, you know, I think the developers have taken great risk in our city to invest here and to build, you know, to contribute to the needed infrastructure that that we need, that we're setting more difficult barriers to entry and to be successful here. It's not an easy, I don't think the developer are just automatically making money hand over fist, that we need to, but I definitely am on, you know, on board for charging what what is a fair amount and, you know, to get what's best in our city so that we can all continue to, you know, succeed and flourish here in North Bay Village.

Commissioner Costa, Vice Mayor, do either of you have thoughts that you want to share? Commissioner Darrell, I want to respond to something that you said, which is what about the additional mitigation and what about the other public benefits? I think we should at all times maintain the authority and the discretion to reduce a fee. So if the fee schedule calls for 10X, the commission can, in its discretion, reduce that fee based on showing of other mitigation amenities or public benefits by the property owner, by the applicant.

Go ahead, Commissioner Costa.

Thank you so much. Wow. let me just start by going over some of the things that we just discussed and how we arrived to this conversation today in a way. Um, Most of the fees that were discussed in the past as we're looking into new development always come to mind for the benefits that the community can receive, right? As our ex-mayor mentioned, the ship has sailed as far as new construction. It was not at least a favorite topic of the community until most recently. I feel like people are getting more adjusted to it. I moved here almost 20 years ago. When I moved here, I loved the fact that we were a small town. It's not going to be that anymore. How do we benefit from this dramatic change is really, for me, of the most importance. because we have to improve our quality of life in some way to benefit from these changes. When the North of Village 100 plan came about, it really was the candy for all this development to happen. The village never quite invested, in my opinion, on the village itself to become more enticing for the development prices to actually come about with a smaller building as other communities did, like Key Biscayne, like Pearl Harbor. They invested in their appeal so that a developer can justify a smaller building for the value. We don't have that. So we are very dependent on development for us to fix our problems and improve what I call quality of life here. Having said that, I'm in complete agreement of the review of our fees. I think there should be a fair value to this. I had requested when I had my review with our management about this specific topic for teenage that we have more comparables that include Coral Gables and Miami Beach. The reason why is because they are more of a comparable to us. Miami is great. I think that South Miami doesn't quite add up to what we have here in North Village. We do see the problem of we cannot hold people hostage and we also cannot force anyone to start construction. Right. We want to see movement. I'm concerned that if we go with fees that are not working for people to make money on the projects that they're putting together, we don't benefit by having them sitting there, right? We cannot force people to build. We cannot force people to pay more. We cannot force so many things. I keep hearing for years, we cannot force this. We cannot, but yet we still have to swallow the new construction. We have to swallow the, you know, the noise, all of these things that come with it. I would like this to actually be different. I don't believe that a presentation, first of all, we started with a meeting to talk about it. When we finally discussed, let's switch this. Then it moved on to hiring the right people to give us a presentation. Then we had a presentation and now we're here. I don't think we have enough information to move on with it. I really don't. I really don't. Now, having said that, I think there is a happy media. If you want to move this so badly today, so that it has to be done. I'm not comfortable with making it where we're going to be on an impasse with development. You guys changed the entire code system to move forward. This is not the time to choke these people into not building and just leaving these empty lots. I do think there is an amount of money that we can make, and it should be more than what we're making right now, but I don't think we have the right comparables to go. I mean, how do you go from what we're making to that much more? It's a giant leap. from what was proposed. And I don't see the numbers really adding up well. I just don't see it. So either we're flexible with the numbers that we have now, or we wait until we have more background to do it.

I just want to clarify that it is a formula. We are not dictating the price per square foot that goes into the formula. I understand. Do you? Yeah. I saw the presentation.

Okay.

The price per square foot is dictated by the value of the property, either as reflected by the property appraiser, or we could do competing appraisals. It's the math that we're asking to approve tonight, not a specific price. Well, I don't think this formula is working out then.

Madam Mayor?

I think the vice mayor wanted to make a comment. He hasn't had the opportunity.

That's okay. I've heard really good points, I think, from both sides. And there's a lot of things I'm taking in. One of the things I wanted to mention that was talked about here on the dais is that, and it's actually kind of seen here in the page that we got from you, is There's been differences in where we are today and where we were a couple years ago when Sunbeam Continuum were passed, Shoma was brought up. North Bay Village is very different today. It's a very different investment today than it was two years ago, four years ago, six years ago, or eight years ago when a lot of these projects started. North Bay Village today, is hot. We're a hot city. People want to invest here. People want to move here. It's not what it was eight years ago. Property values have gone up significantly here of our condos, of our houses. And the benefit of that to developers is that they're going to be asking for more money with their development projects. The prices of every unit is going to go up as well. Um, once some of these projects come online, like sunbeam continuum, Shoma Tula, uh, that again is going to in turn increase the value of, of our, of our islands, of our, of the properties and of the projects that are coming online. So. I think it is an important point to make that values have gone up. This is now a desirable place to live. Today, I went in toward our new community center and it's beautiful. It's three stories. We're gonna have paddle courts, pickleball courts. We're gonna have all kinds of stuff, a cafeteria. It's amazing. And these are amenities that we didn't have before. Shoma's under construction. That's gonna bring us a Publix and a food hall. We're gonna have an Island Walk coming soon. That's gonna connect everything all together. So it's a very, very different investment vehicle today than it was six to eight years ago. And then finally, the other thing I want to add in addition to all that is that there's a difference between Harbor Island and Treasure Island, at least to me. And that's because of the sense of what I hear from residents. Over here on this page, basically this is a summary of the developments that we've had and the cost per unit per each development. Sunbeam is low at 5,300 per unit. I wasn't around to vote on that project. Continuum is at 4,300 per unit. My stance on that one was that I asked for an additional half a million in accelerated payments of fees at that time. I didn't have the support at that time to take that stance with the developers, so that didn't go through. But that said, related to CO35 case, there's a big jump. That's already been reflected in the market and has been priced in to our market in the way that we value Treasure Island versus Harbor Island. And that's because Harbor Island is already very dense. It's mostly condos, mostly buildings. And the sense that I get from the community is that residents are concerned about traffic, about impact to marine life, about impact to quality of life on the island. So those are all things that I take into consideration. And ultimately, what's most important to me is hearing from the constituents. And what I've heard from constituents so far has been overwhelmingly against additional density, additional height. And I know this particular project is not adding additional density, but it's been against overdevelopment of Harbor Island. And that is something that I take deeply into consideration because that's what we're here for. We're here to represent the will of the community. So I... That's where I stand. In terms of this particular item, it's up to the commission. I'm okay with deferring the item for a month and allowing the community to give additional feedback, developers to wrap their head around it a little bit better if there's confusion from that standpoint. So I'm okay with not voting for it tonight, but open to hearing more from the rest of the commission.

I really want to caution the rest of the day as to be under the impression that by modifying the fee schedule in this way, we're going to shut the doors for redevelopment. I want to just sort of give a couple of concessions because I really would like for us to pass something tonight. We have talked about it multiple times. I understand that there's a lot that goes on up here and that we have a lot of things on the agenda and not everybody is going to be locked in to every item every time, but we have, we've had this conversation. And again, I know that I can be the overzealous one when it comes to zoning items, but like we have had these conversations. I would like us to be able to do something tonight. I would like to amend the fee schedule in a way that gives us the ability to look at the, to use the calculation, to use the formula, to have a frame of reference where we start and then the commission to be able to exercise its discretion in terms of what mitigation is provided by the applicant to reduce the fee. But I would like for us to have that benchmark based on the calculation as our starting point. And if you want to phase it in, let's phase it in 50% tonight and another 50% next year, let's reevaluate.

Tony, how does the formula that we have now compares to the Miami formula?

It's much the formula that we have right now for for height for you got to do a project by project. It depends on what is sold, but it's much lower. You're at like I think it's like four dollars or five dollars a square foot as opposed to like city of Miami, which is somewhere anywhere between ten dollars. I mean, the proposed formula is at thirty two dollars roughly a square foot. as opposed to city of Miami.

How they do the formula is what I'm asking.

Oh, how they do the formula?

How does it compare to how we're being proposed?

They do it more based on, instead of property specific, they do it based on an average of the areas. And again, they're supposed to reassess it every year. They haven't done it.

Okay.

In many, many years.

Isn't the reason why our $32 per square foot in your example is so high is because the underlying property was $10.2 million?

Yeah.

That's why.

It sounds like it's not why because he's saying that it's based on an average, not on a property.

You were asking about the city of Miami. The city of Miami is based on an average. Our formula is based on a property specific.

That's not the same then. That's what makes it different. Correct. They're two different. It's not based on an example that we have. The formula itself is different.

So just to give you a little bit more context, that property sold for 20 million bucks. That's what they paid to buy it according to the property appraiser. It is assessed at 10.9. We use the assessed value. We did not use the sales value to arrive at that. So that's what the property appraiser thinks that it's worth. you know, based on that. The previous owner bought it for 5.5. So it increased because of the actions of this village and the actions of the developer owner. It increased in value by 4X. So there's a four-time multiplier from what it was before. And in seeking additional development rights, they're leveraging that increase in value. That's what they're doing. So there isn't, I'm not trying to advocate one way or the other. I just want to give you the context.

Okay. Yeah. Okay. Madam Mayor, I'd like to make a motion to defer no later than August. That gives us four months to do the study. I'd like to know the properties that I mentioned that are all in par, that have all purchased CDRs, giving it the highest level that they can build, each one, depending on their location. What would it cost us? Or what would it cost them? So we can have an actual look at the increase that we're doing to them and how we're destroying our own market. Because what I'm looking at is we're destroying our own market. We're going back to having empty lots and being flipping and flipping and flipping and flipping. And I'm not for it. So I am making a motion to defer so that we can do the proper study of all the properties that have obtained PDRs. What would their highest level be? You know, whatever we have agreed that their level of height would be, maximum possible. What would it cost them to get their site plan approved?

You made a motion, so I, you know, if there's a second.

I would like to second that. The only thing I would like you to add to that is that we also receive comparables from Coral Gables. Absolutely.

We can get all the comparables you want.

Well, no, it's a wave of motion and a second. Do you have a comment?

I have a comment. I just want to be clear that we definitely have to right size the fees. They're too low as we saw in the presentation comparatively to the rest of South Florida. And I think we're a much higher value community than a lot of those that were mentioned that already have higher fees than we do. So a right size is definitely needed. I supported, I'm okay with deferring it. I would like to, I would like us to address it sooner than later. I would like to make sure that developers are a part of this, the community is a part of this, that residents are aware of the conversations we're having and what's going on because it's a community effort. I also, I've, was that?

What month do we take off normally in the summer?

We haven't decided.

Okay, because that could be also part of it, you know, a compromise to make it sooner rather than later.

Well, I said no later than that, so we can have it sooner. Better yet, but we have to also assign somebody.

Where were all of these suggestions and ideas during the two other public meetings that we had about this?

Well, the former public meetings only passed this formula through a three to two yes so i was one against this formula issue from day one and that was that one conversation it wasn't like we're workshopping this yeah and i think you know the formula

that you know reason i think you're all up here i think we want to see a fair value and a fair deal for all but i you know my concern is that the 2x putting us at 32 a foot is way over the average and i think it stunts growth you know i think if we're if we're even doubling or tripling that's that's a substantial increase that puts us in line with that 10 to 19 a foot Miami average. And, you know, I think that is a fair base to study. But, you know, on that, I still think, you know, if we're deferring the item to later, to get more information on this, I think that's, I think it's a big decision. And, you know, I think that, you know, I'd also be in favor.

We need to start ripping the benefits of all of this construction, but it also has to happen. That's why we need to increase the fee. I just, I'm not in accordance with this current formula.

And it has to increase. I also think I like to take a personalized approach and look at each project individually and what they're offering to the community and where it is and what amenities they're providing because and where the height is and the density because it's not every project is equal. And I also don't believe in a blanket. Just cost increase. Some of them should be way more. Some of them should be more. It depends on the project, the development and the community support that's behind it. And it should be driven by that. The other thing that I've mentioned before on the commission is that I would still like to get somehow a third party opinion from a real estate expert that can help us understand what really is how much is the developer expected to make additionally uh from from this extra height because if they're having if they're getting a lot of extra height certainly it's going to be higher ceilings a higher price per square foot per per project so they're going to be making a lot a lot more money per unit i would like to understand what that number is from a from an expert that's a third party And I'd like to split that difference in half with the developers. Every developer is going to reach a breakeven point where it's either going to make sense to build or not. And I just want us to get as close to that breakeven point and deliver as much value to our constituents and to the city as possible. And I feel like we're just kind of guessing a lot of times about how much we should charge and what should it be per height or size. area. And I think I'd like to be able to make these decisions based on more data, kind of like what our village attorney shared today, because that was helpful to see the comparables across different communities. So I'd like to see that more specific to our community. And as it compares to Harbor Island and taking into consideration all the developments that's happened.

Basically, it's to add a fee, you know, have a pool of expert witnesses, if you want to call them that, and add a fee to the site plan approval where they're going to come in and evaluate the project and be able to tell you they're going to be making X amount of money on this project.

I don't know if we have the authority to, yeah, I don't. Obviously, the village attorneys will let us know how to do that if it's legal.

The thing is that these developments don't come as a whole. They're going to start looking at a fees before they even put together whether they're going to buy a property or not or do something with it.

We had a motion and a second.

Yeah, we do have a motion and a second.

Madam Clerk, go ahead and call the roll.

Commissioner Cervone?

Yes.

Commissioner Acosta? Yes. Commissioner O'Donnell?

Yes.

Vice Mayor Cook?

Yes.

Mayor Streiffel? No. Motion carries 4-1.

Can we assign a department or a person to do their study of all these properties that have received TDRs with the maximum height available to them what the project would cost? Do we know who to signal to get this project done, please? Is it going to be legal? Is it going to be planning? Is it going to be our village manager? We're handing it out.

The motion was made and that passed said, we're gonna study this more and have another vote before August. And there were requests made for all kinds of information. So I would suggest that any commissioner who would like specific information studied to send an email to the village manager and he'll make sure that that information is studied so that we have an item on the agenda in May if it needs to be deferred again to june we can defer to june but let's keep this on the item on the agenda so that we're not forgetting about it even if it needs to be deferred we can do that does that work i don't want to put the definite date of may i said before august whenever it's ready i know and i'm saying let's keep it on the agenda for may and if it's not ready we'll move it i will definitely have an email to the manager tomorrow morning stating

to do the study as I requested. If anybody wants to add to it, please do.

Yeah, I just want to make sure, you know, sometimes it's a little bit easier to articulate what you were looking for in an email as opposed to on the data. So, Mr. Manager, you can follow up with the rest of the commission to see if they have any further.

And please copy all the commissioners so we don't, everybody requests the same thing over and over again, please.

10-4.

So building upon what Commissioner Schiavone is saying, he's going to send me a document.

Yes, sir.

So I'm assuming I can circulate that document.

Well, I'm sending it to the commissioner to begin with. Oh, you are? Yeah. I'm copying all the commissioners, so they only ask you for the same thing.

Why don't you send it to me and let me copy the commissioners? I think that's a good way to do it. Then I'll send it out to the group and then you can add or reinforce. I agree with 1, 2, 3, 4. Here's number 5 or 6 or however you want to do it.

Knowing you and knowing me, it will be out to the rest of the commission by 7 o'clock in the morning.

Okay.

Thank you so much for that observation.

I got a hearing tomorrow. I'll be up. We're up. Okay. We're moving on. Speaking of hearings to.

Do we need to discuss a lot today then?

Yes, absolutely. They're scheduled for public hearing today.

I understand, but do we have to discuss it now based on the fee schedule or can we go back?

The fee schedule was deferred. We're now going to hear the LR development applications on their merits, understanding that we did not update the fee schedule and that the fees that they're articulated in the development agreement are the controlling fees.

Okay.

okay so this would be 13c this is a resolution of the mayor and commission of north bay village florida approving approving with conditions or denying an application by elad and bvlc to modify the site plan approved by resolution 2023-163 for a multi-family residential project on property identified by folio number 2332090010013, located at approximately 7913-7915 West Drive, consisting of up to 94 dwelling units and a 26-story, 298-foot, 8-inch building with requests to allow a compact parking spaces up to 8% of the total parking provided and substitution of one required large truck loading space with a small delivery vehicle or passenger loading space, providing for findings, providing for conditions, providing for implementation and providing for an effective date. What I would like to do if the commission agrees is to do all three items as one public hearing and vote separately on each item. Okay, so should I read the other two items into the piece? 13D, a resolution of the Mayor and Commission of North Bay Village, Florida, approving, approving with conditions or denying a tentative plat application by LLNBV LLC entitled Harbor Island Replat for property identified by folio number 2332090010013, located at approximately 7913-7915 West Drive, providing for conditions, violations, authorization, and providing for an effective date. And last but not least, the development agreement is 13E, a resolution of the Mayor and Village Commission of North Bay Village, Florida, approving a first amendment to the development agreement with L.A.G. National Properties, LLC, relating to the development of a multifamily residential development project at the property located at approximately 7913-7915 West Drive, providing for authorization, implementation, and providing for an effective date. Okay, so let's have the village attorneys take over. Procedure, swearing in. waivers, all the things.

You got it, Mayor.

Disclaimers.

You got it. Terms and conditions.

All of these things. Commissioner Acosta has a question. Thank you.

So if we decide tonight, because we're not ready because of the fees, and I don't want the old fees to affect new decisions today, if we say no to this today, it goes to the second hearing, do they have a right to reapply to this after we revise our fees?

If you... So if you were to say no and deny it, right, based on substantial competent evidence, they would have the right to reapply. I believe there's a waiting period for them to reapply. It would take them some time to do so. Or they would have to modify their proposal. If you were to not want to make a decision, you could defer this item. That's another option before you. And then the last option is you could approve or approve with conditions.

I would like to defer this.

I'd still be open to hearing the item, and there's always the option to approve with conditions.

All right, so here's where I become... I don't... Just because... You know, people weren't ready to modify the fee schedule tonight doesn't mean that the property owner should now be disadvantaged by having to delay his public hearing and all of these people who came here to make public comment about the application. Deferring a development approval should not be done without a really good reason. We can vote no on the project. That requires a very good reason too, but to defer them and force them to bring all of their consultants back next month and to force all of our residents to come back next month, to me, we don't really have a good reason to do that. I don't really think that's fair. I don't think it's wrong to hear our residents.

The residents should be heard tonight, and it's things that we take into consideration, but the whole public hearing. I think we should hear it all. This is why I'm asking a question because it's part of evaluating what to do. We don't get to the public hearing unless we're hearing the item.

I understand. Public comment can't make comment unless there's a public hearing. I'm okay with that too.

Let's hear the item.

Yeah.

Okay, so we're going to do the site plan first. I'm going to let Tony continue.

So there are three, as you've mentioned, Mayor, there are three items before you. 13C is a site plan approval. 13D is a tentative plat. 13E is a development agreement. They'll be considered together under the quasi-judicial procedures, as Madam Mayor mentioned. Even though 13E, the development agreement, is not a quasi-judicial matter. If the commission... Since the Commission will be considering all three, we just want to put everyone on notice, the applicant, all members of the public, that 13E is not a quasi-judicial item. It is legislative or at most quasi-legislative in nature. Commission will receive public comment at any point that the Mayor deems advisable. Once public comment has been received, the public comment portion can be closed. Commission can ask any questions at any point in time, including questions during staff's presentation, during the applicant's presentation and during public comment. Once public comment is closed, commission can deliberate on the application. The quasi judicial procedures require this commission to consider the evidence presented to all of you and forming the basis of your decision based on the applicable law and primarily on the evidence presented, whether by the applicant staff or members of the public. The law to be applied includes a standard set forth in the staff recommendation. The evidence considered has to be substantial, competent evidence. That means testimony or other evidence based on personal observation or relevant expert testimony that a reasonable mind would accept is adequate to support a conclusion. It is not a popularity contest. It cannot be based solely on non-expert opinions, no matter how fervent those opinions might be. Anyone who seeks to speak on an item should be given an opportunity to speak at the appropriate time. If you intend to provide testimony, you will be sworn in before your testimony is taken. Please know if you do speak, you may be subject to cross-examination. If you refuse to be cross-examined or to be sworn, your testimony will be considered in that context and given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request be commissioned to direct questions on their behalf to either staff or the applicant. At this time, anyone who wishes to speak should be sworn in. I'd ask that you please stand. Madam Clerk, would you like to give the oath?

To the testimony you're about to provide, do you swear or affirm to tell the truth, the whole truth and nothing but the truth? Thank you.

Tony, if members of the public are going to make comment, they need to be sworn in as well. So let's try that again.

Any members of the public who want to speak on this item, please stand. Raise your right hand. Please stand.

Guys, it's best to just get sworn in and then chicken out later. So please get sworn in.

Everybody standing to the testimony you're about to provide. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth? Thank you.

One more question, Madam Clerk. Can you confirm compliance with the advertising and notice prerequisites for this hearing?

Confirmed.

Great. Thank you. And then, Mayor, Commissioners, have any of you had any ex parte communications, either with the applicant or any members of the public, either for or against any of these applications?

I had a lengthy conversation with one of the board members at 360 last night. We talked about the project in great detail. And I spoke briefly with Mr. Penn yesterday as well. We did not talk in as much great detail.

I met with Mr. Jeffries, which is Elad. I met with Mr. Penn. Personally, I've met, I had a long conversation with Mr. Penn this morning and I received 28 emails that I answered from 360.

Same, received all those emails from our residents at 360 and I spoke to over a dozen members from 360 in reference to what was noted in the emails and answering whatever I could answer and take that also into consideration for tonight.

And no conversation.

Okay. Similar pattern here. I spoke to Graham Penn and the LLAD team last week for 30 minutes over a Zoom conversation and answered all the emails from residents and then spoke to several others over phone.

Thank you. Madam Mayor.

Okay, let's go. I'd like to see the presentation on the site plan. I'm interested also in the TPLA application because of the relocation of the drainage easement. I really do want to drill down into the drainage. Do you have your civil engineer here, Graham? Okay, perfect. So let's do the site plan presentation and the TPLAT presentation, and then we'll hear from the applicant and the residents, and then we'll sort of take the development agreement like interwoven through that. Does that make sense at all?

Yes.

Right? I mean, because you can advise on the specific terms of the development agreement as they are discussed in the context of those other things. Sure. Okay, site plan and T-Plat application. Our village planner, Craig Pinder, ladies and gentlemen. Why am I nervous?

I don't know, I'm nervous.

Right, thank you, Madam Mayor. Madam Mayor, Vice Mayor, and members of the commission, I will present the staff presentation for the 7913 West Drive application site plan and tentative plat. As you know, item 13C is the site plan modification and item 13D is the tentative plat. Just a quick correction to item 13C, substitution of one required large truck loading space with a small delivery vehicle or a passenger loading space is not included as a part of the request. The applicant did provide on their site plan three required large truck loading spaces.

Thank you for that.

No problem. On your screen right now is an aerial of Harbor Island and we can see where the project is located on the left hand side of the screen. The site acreage is approximately 1.04 acres or approximately 45,371 square feet. A little bit of background on the project. In 2022, the site received variances for a rear and side setback that was granted by Resolution 2022-058. The following approvals were also granted to the previous property owners. There was a parking variance, the site plan, and the development agreement. The site plan approval included 22 TDRs and bonus height of 89 feet pursuant to sections 8.13 and 8.12 of the ULDC. The property was also previously granted a use exception request for a construction trailer and staging for an unrelated multifamily residential project. So about the site plan modification, it maintains the same number of units and 94 dwelling units. It provides a comparable pedestal tower design with an integrated parking structure. It utilizes the previously granted side and rear setback variances. building is placed similarly on site to the previous approval with the tower positioned to reduce the amount of visual impact on the residents of the 360 condominium what isn't on this slide is that there is an increase in height from the previous approval the previous approval was approved at approximately 240 feet in height with 22 stories This request tonight includes a height of approximately 298 feet, 8 inches and 26 stories. On the screen right now is the site plan at the ground level, and we can see that the site will be provided with two access points for ingress and egress, one toward the north end of the site, one toward the south end of the site, with circulation happening in a southern movement. On the ground floor, we have the amenities and entrances to the parking garage, as well as the loading spaces. So the project had 94 multi-family units, including 22 TDRs. The proposed number of units represents a density of 91 units per acre, which complies with the code. And the proposed unit breakdown includes one bedroom, two bedrooms, three bedrooms, and four bedroom units. The total amount of landscape green space provided is 13,292 square feet and approximately 4,028 green space is provided in the front yard where approximately 3,215 square feet would be required. And for the green space, approximately 9,074 square feet would have been required. So the applicant is providing more than what is required by code. As mentioned previously, it's a 26-story building. It is receiving a 40-foot bonus building height requested pursuant to Section 8.12 of the ULDC, parking garage and amenities. So we can see the building is on somewhat of a pedestal design. The total parking is 201 parking spaces, 14 of which are compact, and valet services will be provided in perpetuity in addition to self-parking. and on the right hand side is your west elevation design of the building. Also, I wanted to mention on the 21st floor, the applicant has proposed an amenity deck as well. These are the remainder of the building elevations from left to right is your east elevation, south elevation, and north elevation. The project complies with the requirements of Section 8.10.D, the RM70 High Density Multifamily Residential District. Staff has reviewed the site plan modification and recommends approval subject to the conditions contained within the staff report. And with that, I can transition straight into the tentative flat, if that's okay. So this one is pretty simple. I'm pretty sure there'll be questions on it. So the area you see highlighted in red on your screen is an existing easement that is being proposed to be relocated on the site. Essentially, when the previous project received approval, the building was essentially located on top of that easement and it was not relocated. So the aim of this application is to essentially write something that should have been corrected. If I move to the next slide, you can see where it would be located with the current proposed site. staff recommends approval of the tentative flat as well subject to the conditions contained within the staff report and that will conclude the staff presentation okay craig thank you so much i want to invite the applicant to make their presentation on the site plan and the t-plat

neighbors, when the applicant is finished making their presentation, then we're gonna open the public hearing and that's when you'll have the opportunity to speak and ask questions.

All right. Hello again. Graham Penn, Brooke Howard, Al Fernandez, Larkin Tapness, 200 South Biscayne Boulevard. I'm here representing NBV LLC, which is the new owner of 7913 West Drive. With me tonight from ownership, we've got Mr. Matt Jeffries in the back, Augustin Salas with me as well. We got Robert Perez from Garcia Stromberg, our architect, and Alberto Herrera from Kimberley Horn, who's our civil engineer. As you know, we're here to ask for your approval on three related requests for this modification to this approved plan for this property. As Mr. Pinder explained, this application does not propose any increase in density on this site. It is utilizing the 94 units that are already entitled to the property. What it is doing is is massively improving the quality of the architecture in this design. And we're gonna talk about that as we go forward, providing a truly first-class development on this long neglected parcel on West Drive. Elad, as you may know, is making a move into South Florida. They did a beautiful job up in Boca with the Alina project, and this will be the same level of quality will be brought to the village in this application. So just to orient everyone, everyone knows this property, but I'll belabor it. This parcel was first developed in the 1960s as a parking lot. And it looks like a parking lot today because it has remained basically a parking lot ever since the mid-60s. It was originally built to serve the Yacht and Tennis Club. And it did so up until probably the mid-aughts where there was a conflict and it got closed. In 2001-2002, the 360... condominium development, bought the eastern, what was going to become the 360 condominium, bought the eastern 40 feet of this property. So that little segment there along the bay is within the condo's property. It was purchased prior to the development of the condominium and subject to the requirement for public access, which we understand is still an exciting topic today. But that kind of cutout meant that this parcel got reduced by 40 feet in its east-west width, which was the genesis of the variances that we sought back and obtained back in 2022 to allow for the reasonable development of the property. So in recent days, since the closure of the property as a parking lot, as Mr. Pinder indicated, it's also been used as a staging lot for the 7918 project on the west side of West Avenue. So let's talk briefly about the 2022 approvals. Again, it involved two variances that are still valid and implemented in this design before you tonight. It also involved the development agreement that we'll talk about the modifications to thereafter, including accelerated payments of of the various fees and TDRs. Based on the amendment that we're proposing tonight, over $2 million will be paid to the village before a single permit is issued on this property. So back to the subject of the approval, This, as you can see, is just a couple of views of the approved design for the project, for the property. I wanted to kind of highlight that because once you start looking at what the new design is, you'll see the massive improvement. But what hasn't changed is the footprint of this building is in the identical location of the 2022-2023 design. That means we're 84 feet away from the southern end. And we're 15 feet away from the north. And what does that mean? That means that we can avoid our direct impacts on the larger 360 western facing units, which we can show you in a second with the new design. You also see, again, this design is very plain. We have essentially a blank wall on the southern end of the garage, which the new design massively improves. You'll notice that. But again, this project, the approved project, is 94 units. project is 94 units. And basically, the only difference other than the massive improvement in design is that we are 59 or so feet taller. This isn't 100 feet taller. This isn't a massive increase in height. We're 26 stories instead of 22, and we're 59 feet taller. That is the basic difference. Other elements, and I'll let Robert go through this in a second. Green building regulations, we are proposing up to 58, we're proposing 58 points under the villages system, which again is massively over what the requirement is. I think we have to get 24. And let me touch on, do we have the site plan we can, I'll touch on the site of the tentative plot and then we'll turn it over to Robert. As Craig showed you, the reason we have a T plot in front of you tonight is that when Harbor Island was originally plotted in the late 1950s, the developer at that point plotted a stormwater easement across this land. That easement is in use. So we are proposing to remove it from the plot of the property through the T-plat, which is the only way you can do it, through a plat, and replace it with a instrument that will relocate, physically relocate the stormwater pipe and rejoin it near its outfall on 360's land. So we will reroute it around the building, get it out from under us, and Albert can talk to you about the details there. But that is the only reason for the T-plat. The only way you can move those easements if they're platted is by amending the actual plat. So that's what we're proposing to do with that tentative plat. So with that, let me let Robert take you through the design. And as Craig noted, we comply with all the zoning regulations. We also have a positive recommendation from staff, which is Speaking of substantial competent evidence, evidence that supports the application as well as the positive recommendation of the Planning and Zoning Board on all two of the requests that they saw. So with that, let me turn it over to Robert to take you through the design.

Good evening, Madam Mayor, Mr. Mayor, Mr. Vice Mayor, and Commissioners. My name is Robert Perez. I'm with Garcia-Strongberg with the Architects of Records based out of West Palm Beach. I'll walk you through some conceptual ideas and kind of what the design is of the building and what we're proposing, which as Karam said earlier, we think is a vast improvement to the previous design. So one of the things as designers that we appreciated with building here in North Bay Village is that we're surrounded with 360 degree views of a property, right? The building doesn't have to be tucked in like a city environment. The property, anywhere you look, you're going to appreciate all sides of the building. So we want to take advantage of that. And take advantage of the environment that we're in with the water, the ocean, the beach, the landscaping. So that influenced the design. So we have a design that we feel is very elegant, has curvilinear forms. It kind of balances what you see in the clouds, in the sky, in the water. So we shaped the building with curved balconies, which in essence is basically a glass building. So it's very transparent. Not a whole lot of solid walls that the previous design had. And in terms of materials, we wanted to, kind of blend in what the area has in terms of the trees, the vegetation. So one of the, starting with one of the difficult areas that you end up kind of hiding in a building is the parking. So the podium level has a slatted screen, which kind of mimics a wood, a wood slatting. When you look at that, you don't necessarily see a whole lot of parking. You just see kind of material kind of blending around and the shape of that would mimic it and blend up the building. And then on the east side with that zero lot line, we have like a green metal screening. So we really couldn't project anything out there because of the overhang that we can't project into. So we're covering that side with like a green metal fabric or metal screen. As you go up the building, so we have our base lobby level and then the podium. And then we have a series of amenities. One of the things we want to do programmatically is provide a really nice experience for the users, for the buyers. So compared to the previous design, the ground floor has a lot of amenities to it. We activated the landscaping, created paths, created walkways, using native vegetation, water features. artwork, we're hitting all the check marks that the city wants to see in their projects. So we introduce that on the ground floor. And then on the seventh floor and the 21st floor, we introduce full level amenities. So pools, more landscaping, water features, things that what we consider a little bit above and beyond what other projects are doing. So that you'll see in a double height space here, this is the seventh floor. And then And then on the 20th floor, we have a triple height space, which also has a pool that slightly cantilevers over the edge with more amenities that flank it. And then at the ground floor, we wanted to create a really elegant experience as you're driving by the building. So working with our landscape architects, we have really elegant, lush landscaping at the entrance. This shows you, you know, the kind of a very transparent lobby level with a lot of glass in the front from side to side. And then there's that slide with screening. So typically in a typical parking garage, you might see that parking, but we're really trying to mask it with that feature. Then going back to our elevations, we have this is the east side where there's that green screening. which covers the parking level, as I explained. And then as you can see right above that from level seven on up is, like I said, a glass building, very transparent. And there's that kind of a hole in the middle of the building on the 20th floor where we have that other amenity floor. And these are same elevations you saw earlier. Mr. Printer was showing the building, the north and the south, and back to that front elevation.

That's that area that you saw rendered with the entrance lobby.

And just briefly touching upon the site plan. So if you notice in the previous design, the ground floor is a lot of parking, was a lot of just garage level. So we felt that it wasn't really friendly to the buyer. So we wanted to minimize that with just the necessary elements that you would have, such as mechanical equipment and whatnot and loading zones on the north and south. and providing a lot more amenity space on ground floor, plus your valet drop-off for the users.

That's it.

Graham, does that conclude your presentation?

I want to spend a couple more minutes, Gus, if you can put the shadow study stuff up. Two things I want to talk about related to the Island Walk and our relationship with 360, the terms of the development agreement, require us to build a connection to the future Island Walk at the time of our construction that will be open when there's access to the open. So we're obligated under the terms of the new development agreement to ensure that we're connecting the public right of way to the future Island Walk that will be part of the 360, assuming that that happens. The other thing on the shadow study, and obviously I'd like our friends at 360 to take a look at this too, As I noted at the outset, the bottom line of the orientation of the building has always been designed to avoid that impacting those Western views of the 360 buildings. And the same thing holds for the shadows. We are out of the way of a 360 into a large degree. We're approximately 81 feet from their buildings, about 81 feet from the property line. We're 25 feet beyond that. So from the larger buildings, I can't remember what all their names are, but we are over 100 feet away from our pedestal to the side of the O360 and offset, right? The whole idea is why we picked the view corridor side where we picked it was to get out of their visual way, right? And that was in the original project and that's in the current project. So as you can see, again, it's been designed in a way to be a good neighbor as best as we can. We can talk about the details of the development agreement a little bit more at that point. But again, in sum, this application anticipates no additional development that is already approved for the property. It requests no variances. We are consistent in all ways as Mr. Pinder explained with your code. We have the positive recommendation of your planning and zoning board. And we think, again, this is a positive change that will take what is again been a parking lot since 1960 something, and finally bring it into a useful life as a beautiful new residential building on this property. and a great addition of this neighborhood so uh our whole team is here if uh madam mayor if you want to discuss more about the the t plot uh we can drag albert up here but the uh but we would ask for your approval of of both of these applications tonight as well as the acceptance of the development agreement which i guess we'll discuss uh after this um again our entire team is here for any questions and i'd like to reserve time for a bottle thank you so much

Okay, thank you, Graham, thank you to the architect and to the applicant team for presentation. Okay, so we're going to open the public hearing now. I'm going to invite anyone who would like to speak on any of the items, whether it's, yeah, Graham, just take it all down.

Can we ask questions before that?

I would, I think if we start the commission discussion now, it could just.

These are the things that I would like people to hear before they make their comment. That's why.

Let's let the public speak based on the information provided by the planner and the presentation from the architect. Gentlemen, if you could move your easel so that the public is not obstructed, that would be great. Okay, so neighbors, now is your turn. Please raise your hand or come up to the podium. Jen, go ahead. We're going to HAB-Masyn Moyer- Instead of like if anybody is really excited about something that is said we're that we're not clapping there's no clapping in in village Commission meeting so instead. HAB-Masyn Moyer- guys, please stop blocking the residents view of the day, so you need to move it out of the way yeah Thank you. So no clapping. If you're excited about something, somebody says you can do like a millennial dance, put your hands up, but please don't clap. Okay, so you have your time. Name and address for the record, please.

My name is Jennifer Marschi. The time? 752. Jen, into the mic. And I live at 7900 Harbor Island Drive.

Jen, mic.

Okay. Jennifer Marshy, it's 752, and we're at 7900 Harbor Island Drive, unit 1206, building A, 360. So I'm here because I wanted, you know, there's many concerns as a building that 360 has, And there's quite a few of us here. And so I'm going to leave some items open for others to talk about. I am a title abstractor, title examiner, and was looking over all of the 877 pages of items that were included for tonight's meeting and stumbled upon the plat which shows the Easement, the drainage easement that is shown on the original North Bay Village plat and that's filed in Miami-Dade. And I noticed that the same easement is on there as well. I spend a lot of time back in the back area by the marina. I've seen that through drain, drainage easement, whatever you want to call it. But during storms, during high tide, during low tide, and it is a very, very busy thoroughfare for water, for wind. And I'm just wondering how they plan to move that in a way that it is not going to create flooding. problems for our property down the road. I did see something that was included and said 877 pages, and it shows them joining the drain from our property, which it is an easement. So I understand we have not built on top of it. So I understand it can be accessed. But they're trying to come from our property and then go into their property and do a 90 degree angle turn. and I'm not a physicist, I'm not an engineer, you know, and maybe in plumbing, what do you see a 90 degree turn, but in a storm drain, in a through drain, in a drain that goes from one side of Biscay Bay, an island, all the way to the other side, you know, what do they plan and how do they plan to mitigate, you know, any damages or any future damage issues that moving this easement could affect our property and our neighbors properties on harbor island um so that's definitely something that i feel like should be addressed by an engine water flow um hydraulic efficiency study i mean this is chat gpt i told you i'm not a uh I'm not an engineer. The concerns with sediment and clogging because it's at a 90 degree angle turn, the liability and maintenance, here we go with the liability thing again. And is there a hydraulic grade line to ensure that the rerouting of that easement isn't gonna raise flood levels for other properties? So I think that we need to call for water flow studies and things that would make putting this easement from a straight shot line under the island, under West Drive, to turning into a 90 degree angle. So thank you. I'm going to leave it up to my other residents here to make other points involving 360. Thank you so much.

Thank you. Who would like to go next? Please.

You don't. No, you don't. Just your name and address. My name is Tanya Morario. I live in 7900 Harbor Island Drive, condo 360, apartment 1114A. Good evening again. And yes, I've been a resident and owner in North Bay Village for the past 18 years. I'm going to talk a little bit more broader about it. I'm totally on board with Jenny's comments regarding this I'm not a physicist either, but 90 degree angles and storm drains is, yeah, needs to be evaluated to say the least. So yeah, and I have said last time I was here, I understand we need to grow. I understand that the city also needs to generate revenue and fund essential services. I totally get all of that. But again, I'm very concerned about the pace and the cumulative impact of all this development, right? again we're currently are planning 12 a dozen developments already and three of them are under construction and yeah you know where they're under construction in harbor island and um commissioner cook you mentioned that earlier treasure island and the causeway completely different ball game to harbor island right harbor island very tiny tiny community just one street in one street out I'm not talking about the intersection, I'm talking about the actual streets, right? And there are three developments already approved there. One of them, which I look at since God knows how long, four years already, Tula, it's changed developers and they're still not there. And I doubt it's gonna be finished at the end of this year. But that said, we're not talking about one development here that we're talking about tonight, but it really is the combination of all of the developments. And yeah, I have seen a traffic study, but to be honest with you, I really don't understand it. And I don't think it's looking at everything cumulatively. It's not looking at the impact on the causeway. It's not looking at the impact on... all the trucks that are going to be there, and it foresees that everything's going to be done by 2029. Guys, you know how this works. It's not going to be done by 2029, all of these developments, right? They're going to be postponed, and then there's going to be more trucks, and there's going to be more traffic. And it's not only the cars, right? It's all of that construction traffic that we as residents need to deal with. And then in addition, the shadow study, I see it here for the first time. I had to dig for it because I only found it online. I didn't see it. It said it was in attachment number six, but attachment number six was actually the traffic study. So I couldn't find it in the paperwork. It was a lot of paperwork to look through. So perhaps... It would be great to see it. From what I understand, it finishes at 3 p.m. I do think we need to look at it until 8 p.m. And it also needs to look at it in the winter solstice, not only in the summer solstice, in the spring and in the fall, but also in the winter. And there's a lot of shadow. Again, wind hasn't been calculated at all. And yeah, 100 feet between that property and our property, that wind tunnel, guys, we really need to look at that because the comfort of all the residents at the 360, but not only at the 360, at all of the buildings along that strip is going to be impacted. And then heat, heat. I mean, it's... This building is much nicer than the one they had before, but there's a lot of glass. How's that heat going to impact all of us, right? Has that been analyzed? So that is my wish. Just look at all those studies. There's so many studies. I've mentioned it in my emails. If you could please look at that. And also, if we're having so many deviations that are being granted, what is the community really getting in return? So we're at a critical moment right now. It's not about stopping growth. and it's about managing responsibly. And the residents will remember whether this commission chose to slow down and protect the community and the integrity of the community or allowed growth to outpace planning at this critical moment. Thank you very much for your time. Who would like to speak next?

Hello, good evening. Hi, my name is Renata Grosowski and I am a resident at the 7910 Harbor Island Drive, Unit 1009, so Building B. of the community. So thank you all for the opportunity to talk here. So I, before talking about this development, I really wanted to express my support into the mayor and the question that, you know, we need to raise, you know, the tax and it's not because we don't want develop. So we understand that develop is necessary, but I agree that, you know, maybe 10 years ago, North Bay Village was just like this tiny, you know, island that nobody really cared about. But now that we have so much land by water and we are such like a high profile now desirable area that our value increased. So I agree that our taxes should increase and we should take the most out of the development. We want development. Of course I do. Do I want my view obstructed? No, I don't. But I think everything in life, it's a give and take, right? Everything is negotiable. So I think that this is another issue that we have to negotiate. We do want a building. It's a beautiful building. Nobody's questioning that. But, you know, maybe they increase those four floors because it's so cheap. You know, like what is when $20,000 to increase four more floors and then make it be, maybe if it was, A little bit more expensive because that's usually when we take a step back and think about things is that when you really affect us. And not necessarily my view, but the pocket, it's usually nowadays a very concerning area, I think, for everybody. So also the thing, of course, I see that my apartment particularly has the east view, so I'm not personally going to be affected, but I'm here for the best interest of my community. So I'm part of the board of the 360, and I love my building. And of course, amenities are important for any building, but I think we have to do things responsibly. And if we want a good neighborhood, you know, we have to... build fences, but fences that are friendly. So another issue is that, you know, if they want so much to be friendly to 360, maybe it's a time that they have a conversation with 360, right? So sometimes we only hear things here right now. I only noticed that they are going to increase four floors. So, you know, and they are building like wall to wall to our property. So maybe they should also consider talking to us. Yes, we've been there before. So, you know, the commissioner should also consider we are residents here. So maybe pleasing us, it's very important and not just, you know, like opening all the doors to the newcomers. So, you know, we loved our island and we really would like to stay here and not have to maybe saying like, oh, you know, this is not satisfactory anymore. So maybe we should leave because there is a reason we chose to come live here, at least for me. We love this neighborhood. So, you know, I really appreciate all the support that, you know, can come from the city with improvements, the sewer and stuff. And I understand the need for money. So maybe we should do that in a more responsible and maybe easy a little bit, the pace also of all those developments.

So thank you. Thank you, Renata. Who would like to speak next? Hi. Hi.

Name and address for the record, please. Hi there. My name is Maruja Gil. I'm a resident of 7900 Harbor Island Drive, condo A in 360, unit 1150. I actually want to start with asking questions. I don't know if any of you live in a condo here. Excellent. So you know our pain. I'm 360. What is going on? I'm a mother. I'm a business owner. I'm also a realtor. So I'm a pro. And I saw you ask a butterfly. You have a beautiful building. However, as a resident, as a taxpayer, I'm worried about the traffic, about the impact, and I agree with the mayor. The same bottle of water in Costco costs a dollar. In the airport, we pay $5 and $10. Why? because we are there in the location. As a business woman, I know, and they saw a value. Why they paid the double? Because they saw a value. From Aventura to downtown Miami, what island do you see that has that cost per square footage?

No one.

I sell here. I believe in our island. I moved here four years ago. I had the choices to move in Brickell, Edgewater, Brickell Key, whatever. I choose here. Why? Because this community. Because I want my kids, that she's a teenager, to live in a nice community that we all blend and we all hear each other. Because of course we want developers like that. But we have to work together. And we cannot settle for that. Miami's not going down. The price is going to keep going. They know it, you know it, and I know it. And if we settle for less now, everybody's going to pay less. We, as taxpayers, as a community, we're losing money. That's the only comment I have.

Thank you.

Thank you. Who would like to speak next?

okay i know several of you very well who would like to speak next okay yeah i'm like i'm not i'm not roll call roll call good evening mayor and commission how we doing my name is john marshing uh i'm in unit 1206 in building a and 360 at 7900 harbor island drive

And I'm concerned about the island walk. You know, I think it's a great concept. But as of right now, there is nothing connecting anything to our property. I'm worried about safety concerns. I'm worried about cost. I'm worried about liability and all that stuff seems to be lying on us as 360. And that's something that's very concerning to me. You know, I see I'm pro-development here for sure. You know, but... for example like bay harbor islands they have a lot of development going on but there's height restricted restrictions on their building they're not building up to 45 stories and 30 stories and those buildings look like they're finishing like right now we have shelves shells of buildings and uh it's just it's concerning for down the road and so yeah But definitely I'm concerned about safety, cost and liability for opening the Island Walk at 360. Thank you.

Does anyone want to make comments about the subject application? If you don't raise your hand or step up to the podium, I'm going to close the public hearing. Really? Okay. All right. We're going to close the public hearing. I want to open it up to the commission.

Can I have my brief rebuttal, Madam Mayor? I apologize. I did reserve it. Please. Gus, can we put up the view corridor drawing?

Why don't you let them also see the shadow study as well?

That's where we should turn it to everyone. I think the view corridor one does help. And we can pass around the shadow study so everyone can look at it and close up because it's a lot of drawings. Let's look at the view first. I can have Albert address the drainage issue too. I'd like to have him do that. So this shows you in 3D the way our building is oriented. And as I noted before, the whole purpose of that orientation, that 84-foot setback on the south, was to ensure that we were out of the way of those western-facing 360 units. And we are. We preserve their western-facing view. There's no building that I could put on this property that's not going to impact a view in 360, right? It's going to happen. But this building has been oriented since the beginning to limit that impact as much as we physically can on this site. And this new design carries that forward. And, of course, it's a much better thing to look at if you're going to be looking at it. As to the engineering of the relocation, and Albert can speak on this briefly if you're interested, but if you look at the conditions in your staff report, we have several conditions requiring detailed engineering work, including We have to provide a new instrument. The relocated instrument easement and pipe shall be designed and certified by a licensed engineer and shall be approved by the Village Public Works Department. We also need to provide confirmation from DERM or the relevant authority that the relocated pipe meets current capacity and code standards. So we have an obligation as we go forward in the detailed engineering of this relocation to make it work, but As we stand today, the orientation and where do you go? Oh, there he is. It has been designed to accommodate all the capacity that the pipe currently provides with that new design. So let me ask Albert to just briefly talk about that.

Thank you, Graham. Alberto Herrera with offices at Coral Gables with Kimmy Horn. I'm the engineer of record for the project. As Graham stated, we understand and we've worked with staff throughout this process to relocate that easement. We noticed that when we first came on board, and that's the reason why we are here platting. The easement pipe, I should say, will be relocated, as well as the accompanying easement with the new one sketch and legal provided around the relocated option. We've kept the I'm not sure if my plans are in there, but someone mentioned that it is hugging the building around. We've done that for a number of reasons. One, for access, and two, for preserving the park or ground level amenity that the building is providing. The capacity of the pipe will not be reduced in any way, shape, or form. We'll have, through the building department process as well as Durham's water control regulatory approval, we'll provide all those necessary calculations, like Graham said, during the detailed portion of the engineering design. I'm not sure if there's any other questions I'm having. There will be.

Sure. But not quite yet. Graham's still doing his rebuttal.

Let me let you off the hook. Again, we would ask for your approval of all three of our requests tonight. And we're here for your questions. Thank you so much. OK, great.

All right, I would like for the boards to be relocated to the side as we do the public hearing. I want to be able to see my neighbors. Okay. All right. We are, you know, on to commission discussion. So I know I have a couple of questions. We all received the same email from 360 residents. And I assume that someone is going to sort of approach each of those issues with the applicant. Who would like to start?

I can. Go ahead. Unless you want to. I just have a question regarding the connection to the island walk. And I know you mentioned it, but I didn't see it specifically outlined or how you plan to do that or how that looks. So can you detail that?

Yeah. Get a good shot. Yeah, Andy, I think that right now, and that's an excellent question, how that ends up, where that ends up coming from, is basically up in the air, right? We can come from the north, we can come from the south, but the design of how we're gonna do that connection is really not established yet. But what I mentioned at the outset was that under the terms of the development agreement, we are obligated, assuming that it passes that way, to build it, right? We have to build it all the way up to the line where it would meet 360, and then when 360 opens, we have to connect them.

Why not include it in the site plan?

The... I mean, candidly, we didn't want to court controversy over whether it was going to exist or not because of the 20 years of history of whether 360 was going to connect. But that was mainly the reason that we didn't design it because it was uncertain whether that connection was going to happen. And I understand the village's position is it's going to happen. But we didn't really lay it out. Unless I'm missing something, Gus, right? We don't have it specific.

I'm just surprised that you didn't reach out to one of the commissioners who have been championing that island walk and let them know that you weren't going to be including a connection on your site plan.

Well, Madam Mayor, as I said before, we are going to connect under the terms of the development agreement. And we have no issue with that. We've agreed to do it.

Okay, but you can't build an island lot connection over a drainage easement. So it kind of screws you on the south side, doesn't it?

No, well, I mean, I guess if you look at the way, I don't think, candidly, there is a rationale where we couldn't build a sidewalk over an easement, right? We can't put a building on it. So if we're going to do it on the south, we could drive it right along that property line.

We can put a sidewalk over drainage, isn't it?

Yeah, a sidewalk. Something without a foundation. Yeah.

That's what I saw in the drawings.

Yeah, if it's going to have a substantial foundation like a building, then no, we wouldn't want that. But a sidewalk can be ripped up if they need to get access to the outflow.

Okay. Informative. Please.

No, that was my question. Okay. I'll defer to the rest of the commission for our continued questions.

We can move on if something comes to your mind.

Okay.

Okay.

Thanks.

Sure. Who'd like to jump in?

I mean, we all got the same email generally from 360 residents. So if we could go through that, the rest of the commission would like to do that.

Go ahead. I have other questions if you want to go through those issues. Do you have an email for them?

We'll give you a second to pull them up. You can go.

Okay. All right.

Commissioner Acosta, do you want to weigh in? Commissioner Trigoni is giving me the evil eye. Oh, is that just your regular eye? I love you.

Go ahead. No, go ahead. Okay.

Speaking of this development, as it was approved in 2022. So we did receive a lot of emails and I spoke to a lot of the residents and there was a lot of misunderstandings on what we were approving tonight versus what was approved in 2022. So I just want to clarify these things just to be completely clear that This was already a site approval done in 2022. As of 2022, this was approved for 240 feet high, 94 units, 22 stories. There will be the same amount of green space, 13,292 square feet, 4,028 at the front yard. At that time, they purchased 22 TDRs. That's $65,000 each. They also received 89 feet of bonus height for which they paid or they're paying a total of $564,000. And there's 177 parking spaces, which they're increasing to 201. So that's as it stands, right? 2026, they're coming back to us again. New owner, they're requesting more height. I do have a question on that because I saw a request for 40 feet, and I wonder if the average of 25 feet of mechanical space will come back later or if that's already par of the 40 feet. The other thing that I wanted to speak on was if you don't mind bringing up the graphic you have of the building as it looks right next to 360. Do you mind? When you're in 360 and you look at the rest of the project, it's a very pleasant view because you have the balconies. To me, it's more pleasant. I feel like this pedestal, it's a wall that the neighbors are going to be staring at of seven stories, correct? The parking garage? Anybody want to address this? So I'm a little concerned about that, because when you look at the B building and the townhouses in front of it, it's a much more pleasant view from the island walk view, from the pool area. Not that picture, actually. I'm talking about the one that you have more of the actual building. The rendering? The rendering. But the townhouses are gorgeous. You have gorgeous balconies and live. So if you're going to speak, you need to have the microphone.

So, Commissioner, which one are you looking to see?

It's the one that you have the actual view from the water site at the buildings and you see the rendering of the building parking lot. No, it's a smaller picture. It's a much smaller picture.

It's probably the first one. Yes.

No, sorry. And I think it's in there.

No, that's the old plan.

No, I think No, I think you had you had it you have in your hands probably one of the ones that you're holding first elevations.

Blame Mr. Pender for that.

You have it there. No. Second one that you have in your head. That's a shadow. no it's a graphic and the bottom line is that you see it in the pictures as i've just seen it is it that one it's upside down because you have a parking garage and when you look at the front design that you share with the landscaping it's very pretty but when you're on the water side i'm staring at a wall Well, it shows you the backside of the building, not the street side of it, but the backside of the building and how it hits right next door to 360. So I would like you to take that into consideration when you're doing this design of the view of the people that are on the street level.

Yeah, let me ask Robert to address that.

Okay, so working with the city and the footprint of the building on all sides where our setback is a little bit more generous, we're able to have balconies and encroachments of about four to five feet. So that's what helps us dictate the curvature of the building. So on all the other sides where we have our building wall and we're able to go out that four or five feet, we're able to undulate the building. However, On that backside, that's the zero setback. That's where it's up against the park, the island walk. So we're not able to encroach into that. So that's the pedestal is our parking garage. There's a zero setback. So we're not able to do that curvature at that portion. So what we're promoting or asking for is the green screening. Now, it's a metal panel screening. It's perforated. It gives us the natural ventilation to the garage. If you've ever seen them in other projects, they can come printed. We still can work out the details as to what it has. But the idea is that we don't want you to see the cars. We want you to see a nice metal panel.

But we also don't want to see a block of seven stories.

Yeah, I would like a design condition on how you screen that eastern facade of the parking garage. So, you know, on the Kennedy Causeway, we require those liners to either be architecturally screened to provide some type of public art, or to have a green wall and we don't i don't believe craig can correct me from wrong i don't believe we define green wall um you know i think that there are vines that you could creeping vines that you could that you could plant but i that there needs to be a screening condition there. At some point, that walkway will be open to the public. And it can't just be like a printed mesh.

Sure.

Now, what I was trying to establish with it, don't think of it of the look and design of that part. I'm just thinking of the pedestal, just to give you a reference on height next to the townhouses. So when people are looking at it, I'm just saying to take into consideration what the neighbors are going to be looking at every single day.

know of that unit i understand that but you also have to do something that's compatible with the development of the building and you the people at i'm sorry that you're blocking the view they're not by the view that they currently have and and also i i just want to be clear because we got a lot of emails about this and every time i talk to a resident of

The 360 are frankly a resident of North Bay Village. I have to remind that person to be the bearer of bad news that when you buy a condo, you're not buying the right to control development across the street from you. You're not buying the right to control development next door to you. You're not buying the right to your view, the view not to have a shadow. or the right to be protected from the wind. You do not have those property rights as neighbors. And while we, as your commission, are here to protect you, protect the public, and to approve reasonable development, I'm not gonna be entertaining any type of idea that we should impede the property rights of one property owner in favor of rights that do not exist next door.

Madam Mayor. Sure. Of the 28 emails that I received, 27 of them are exactly alike. Two of them, of the 27, start with resident email cheat sheet. Residents, please copy the email list and the template below. Customize the bracket information before sending. And then all our addresses. So it's 27 emails. times what management requested them to say. There's only one individual, and that individual's in the room and I will not mention who it is, that sent me a separate type of email with their impressions and what they're asking for. So is it the management that's talking or is it the residents that are talking? Please make yourselves clear. And if it's management, we have offered to meet with management. I have offered to meet with management. They never taken me up on it. Sorry. I can only go so far.

I would like to add an additional condition to the approval that the garage, particularly on the east side where it abuts the 360 property line, should be screened with something architecturally approved that would be consistent if it were on the T6, if it were on the Kennedy Causeway. Craig, maybe you can give me a little bit of guidance here in terms of what that what that looks like, but I want them to meet a higher architectural standard, whether it's for screening with materials or with plants or whatever.

And I'll say for our purposes, we have no objection to that condition. Yeah, I didn't think you would.

I mean, based on your doubling, look, I think doubling the points that you're pursuing in our green building program is incredibly valuable. And I'm very grateful to you for doing that. And I agree that the design of this building is by far and away so much more beautiful than what S2 had before us in 2022. There's no question. And I see obviously that your additional height improves these amenities and these open spaces and the sort of flow of light and air through the building. No question. I'm more interested in sort of the like mechanics of how the project is gonna work. So I wanna clarify, we've got the condition on screening, right? Okay. I want to clarify the substitution of one required large truck loading space. I heard there was a fix to that, that you guys have three large loading spaces. What is the situation for truck parking and loading? The substitution of one required large truck loading space with a small delivery vehicle or passenger loading space. What's actually happening?

Do you want to?

No, I want staff to respond first, and then you can add.

OK. Madam Mayor, during the review process, the applicant initially proposed two large truck loading spaces and one that was not large, a smaller truck loading space. During the review process, the applicant basically stated that it was difficult as a tight site. But when they resubmitted the final time, they did correct that and provided three large truck loading spaces. So they are currently meeting the code requirements, and they no longer need that substitution. So that language in the resolution and the title that needs to be removed, because it's no longer needed.

Perfect. Okay, great. Can you walk me through your loading circulation? I appreciate the traffic within the site circulates from north to south, because I think it'll pull people away from the congested intersection at the entrance to the islands.

you're referring to uh like truck loading in terms of how the bays are used regular vehicle loading as well as as truck loading yeah yeah okay so we have a uh what we were calling like a north and a south uh loading zone so you would pull in to um either side so you're pulling in and uh there's that loading space right up against the building and then if you wanted to pull out you're doing sort of like a three-point t-turn back and then back out the same way you came in. So that same T-turn movement would happen on each side. So we ran our auto turn exhibits and we presented the exhibits and they're part of the package to show how delivery vehicles, like a typical, what we call SU30, like an Amazon vehicle, how it does fit into there and can make the movements, as well as like a trash vehicle. We show that also in the exhibit where the trash would get pooled to the entrance here and they can pull in, pick up the trash and then pull back out and exit the property.

I'm still not convinced that it works. An Amazon truck is really kind of small. What if you've got a full size moving truck, where are they loading?

Well, an SU30 covers like a U-Haul, like a 30, 32-foot U-Haul. It's like that typical size truck. If you're referring to like an 18-wheeler, that would have – No, I'm not.

I mean, that's crazy. But no, I mean a full-size – A box truck.

An S230 is a box truck, and that's the vehicle type that we use to do the auto turn exhibits.

Okay, so you're coming in from the north entrance, and it's the same north entrance that is going to be used by regular vehicular traffic, right?

if they so chose to park themselves. So the building is primarily valet, which in the front of the building, it's a one-way in and a one-way out. So a typical resident would pull up in here, drop out the valet where they could go right up to their unit. And then circulation is up one side and down the other side. So because of the tightness of the site, it's all a lot of one-way traffic. So we have

one way up here and then out one way here.

And we circulate it so that it's when you come out, it's a straight shot. You're not crossing anybody at that point. So if a vehicle were to be coming in loading, they're not intersecting with the passenger vehicle. So that passenger vehicle is going straight out to the west drive and the loading vehicle is coming straight in and then turning to the right.

If I'm sick of the valet because they're too slow and I want to park my own car, how do I do that?

So you have two options. If you were to come from here, from this side, from the north, you could come in and pull in and then just turn into here. So it's almost like saying doing a gigantic U-turn. So you come in here and then you go up the ramp right up to your floor. Okay. If you wanted to come, same thing from this side, from the south, you would just come in here right up to the ramp to your floor.

Mm-hmm.

So we try to keep the movements direct into the garage so you're not crossing any vehicular traffic.

Do you have pedestrian passageways notated on your site plan?

Yeah, so we're required to have accessibility access. So from the sidewalk, we have crosswalks here that get you safely into the garage. the building side. So that red dashed line represents where a pedestrian would be walking from. So they have the option to go right here and then right up into the building. For flanking the water, the fountains, we have two stairs. So if you so chose, you could be a little bit closer to the entrance, come here and then cross the other. But the preferred method would be through the crosswalk.

Will you have a space for people to leave their bikes?

Yes.

Yeah.

So there's on the ground floor, there's a bicycle parking here. And then each floor above that has its own dedicated bike lockers or bike storage area.

And from the street side for people that are coming from the street side?

If you're an owner, you mean, right?

Yeah.

Yeah. Yeah. If you're an owner, you could come from the street, you know, you can enter the lobby or you can come to the garage. But, you know, Preferably you're going right up to the elevator, going right to your personal, the floor where you would park at, and then you'd have your storage room there that has bike storage.

Got it. How are you going to communicate between the north and south loading zones so that trucks know where they should park or where they should pull in right like i'm trying to envision a worst case scenario where you've got the loading zone occupied on the south side and you've got another truck sort of waiting to get into that loading zone and now all of a sudden i've got more congestion at the entrance to harbor island are you is there a way to control that to direct

I don't know if the city has a mandate or a vehicle to do that.

No, and this is why site plan approval is the most important time because after you guys leave, I don't get to micromanage anyone. So it needs to be systematized on the owner's side because I am concerned about that.

So what we provide are the vehicular movements and we meet the requirements like I've been describing, loading, circulation, how do vehicles get in and out. So we pre-plan for those requirements and the building has to work, right? Working with the city. Now, at some point, once the building is done, then it's up to the building management to have that communication. It's usually done via the security office, the attendants, the engineers that are working in the building to communicate from one side to the other. So we will work in, like I said, security office, receiving offices, loading bays. There is communication. uh space around those loading areas to have those offices so they can have the management staff uh work with the occupants i mean they're going to be deliveries going to be service vehicles i'm sorry people move into the building it's going to be massive so i mean all we can do is provide the the space and the the movements to make sure that the that the the building operates properly um but at some point building management is going to have to take over and to navigate those movements

yeah and like that's kind of why we're trying to be as crystal clear as possible as we condition the approval of this project if that is what the Commission decides to do because once a project is built and it's up to us to now deal with building management I think every person who's still in this room will tell you that that's a huge pain and it doesn't often work out the way that we would like

On that point, Mayor, we would be comfortable with a condition that would require a dockmaster, not a full-time employee, but a dockmaster to manage the operation of the loading spaces. I mean, this is, again, a residential building. It's not going to have a lot of deliveries that you would see in a commercial building. I'm not saying there's not going to be tradesmen and move in and move out. But again, we'd have no objection to an additional condition that requires the building management to have a dock master to ensure that the proper operation.

Yeah, I think efficient operations of loading is going to be an additional condition. Tony, I see you're nodding. You're kind of talking to me while Graham is talking. What do you want to say, Mr. Village Attorney?

I was going to suggest a dock master and, you know, between the hours of like 9 a.m. 5 p.m. Yeah. Monday through Friday.

Yeah, that that seems good. Maybe even till six. Again, like this intersection is particularly tight. We all know it. OK. You mentioned at the beginning of the presentation when you were going through the history of the lot that 7918 is still going to be staging there.

No, I was just saying that that is that has been the use of the property.

Oh, like, like it. Okay. They're not content. I mean, obviously, they're staging on 7918. Yes. Do you anticipate this lot to be used by 7918? I'm looking at Mr. Jeffries. Do we have any further agreement with them?

They have a month to month lease. So conceivably, they could be still operating on the proper. Yeah.

For a year.

Okay. I'm hearing from the manager. So it's possible.

It's happening.

My understanding, they have an agreement for a year to be able to stage equipment and supplies on that side. They cannot have their trailer or sales on that property.

Okay.

So they're not planning to do any submissions until it's a year from now.

Okay, why the 8% compact parking and how are you gonna manage that? Here's how I feel about compact parking. No one wants to park in a compact parking space ever. It doesn't matter how small their car is. Why would you want to park in a smaller space and be closer to other cars?

Well, that's why we have the valet. But the reason for it is the geometry of the property, right? I don't know, Robert, if you got one of our, do we have a parking lot we can look at? Basically, given the constraints we have physically, we have to have a couple of, I mean, really, they're scattered on each floor, right? How many are on each floor? Like two, three, four?

Yeah, two or three. Again, working with the city and filling in all the requirements. Working through each floor, and they're pretty much a identical footprint from two to six. We squeezed in as much parking as we could.

I'm so sad that you guys spent money printing that board because it is completely illegible.

Well, you can see the C is a compact. That's all you need to say.

In some instances, we had to make them compact because of the turnaround spaces that we have that we had to incorporate. So at each dead end, there's a full space that's dedicated to turnaround. So once we incorporate that, then I'm trying to make the best use of the space that's left over. So in some cases, that's all you can fit as a compact. But again, we're not flooding it with compacts. It's only, like you said, three, four, four floors.

Yeah. Okay. And not to belabor, but as Mr. Pender indicated, because we're using them, we have to have a 24-7 ballot. Yeah.

They're going to be running around.

That's appropriate. Okay. Traffic study. Traffic study. A lot of neighbors have asked if the traffic study was quote unquote cumulative in terms of taking into account projects that have been approved in the area for the last couple of years. Requests were made to understand how traffic on the causeway is going to be impacted by this project, as well as traffic obviously on West Drive and whether or not the traffic study and staff, if you could respond to this as well, I want to understand what we looked at and how we're reviewing the traffic. traffic study. Does the overall cumulative impact of the development, is it reflected in the traffic study?

Well, I wish I could fully answer that. I'm not the traffic engineer. No, I know you're not.

And the question is really for the zoning attorney. I don't know where he went.

Okay.

So Craig, it's on you now. Sorry. No problem.

I'll do it. I'll mention before Graham starts that we do have 2 conditions of approval related to the traffic study. So 1 of the conditions states that to update the traffic assessment at the time of building permit application to confirm compliance with concurrency requirements. And the second one is to coordinate with Miami-Dade County Traffic Engineering and the Village to develop modified and acceptable signal timing plans for the junction of 79th Street Causeway and Harbor Island Drive to ensure the effectiveness of the proposed signal timing optimization.

And to add to it, these are the additional committed trips that were added that was included. 819, 855, 79th Street, 755 Kennedy Causeway, which is Continuum, Shoma, 7918, 8000 East Drive, the Pagani Project, Village Hall, and Sunbeam all were shown as committed in this analysis.

Related? No?

Well, isn't that 8,000? Yeah, yeah. So there's, yes, they're in there.

Okay, so the answer for all my neighbors, yes, traffic study is considering all of these approvals and all of those trips. What does it mean to revisit the traffic analysis to ensure continued compliance? Is that a real thing? I mean, what are we gonna, is that a real thing?

It really is just to protect the village in case the project is delayed for X number of years to ensure there are updates to traffic study figures. That study is still relevant when the project is constructed.

Okay. And not again, not to interrupt, but there is another there's an entire paragraph added to the development agreement requiring that all that queuing analysis to be done at at the insurance to 79th Street.

All right, so this is something I'm glad that this project is directly next door to 360 because there are things that you guys can work together on. If this project is built and there's a board of actual human beings who run that building next door, it would be really helpful as we try to figure out how to redesign the entrance to Harbor Island to get cars off the causeway faster, to pull them from that left turn lane and get them onto Harbor Island faster, to avoid the bottleneck at the stop signs when you come onto Harbor Island, to avoid the bottleneck at the entrance to 360, to improve the pedestrian experience when you're crossing in front of the 360. I said this to Jen on the phone last night, crossing the sidewalk in front of 360 is a death-defying experience. And with five lanes of cars coming in and out at all times of day, It is incredibly dangerous. But we can't do anything about your site plan. And when I say your site plan, I'm talking about you, 360. Your building is built. We can't do anything about how traffic flows in and out of your property. But now that we have a $500,000 contribution from the related group, and I believe that there is money in the development agreement from this applicant, we are moving forward trying to study and design alternatives for the entrance to Harbor Island that are gonna improve, like I said, pedestrian vehicular conflicts, safety for people walking, as well as efficiency for those cars. And we've already sort of, We know what FDOT is thinking about doing because they have plans that are going to be breaking ground allegedly in 2029 to extend that left turn lane and make it longer. I don't think that's going to be enough. I think we need two left turn lanes, but this is to be studied and analyzed. And, you know, the contribution is in the development agreement. So I think that's really, really important. And I would appreciate it very much if there were more stakeholders in the area who took an interest in this issue, because after whatever happens here tonight, those issues are going to remain and we need to find a way to mitigate them. Does anyone else have any other comments or questions? I'd like to move on to the T-Plat if we're done talking about the site plan. Vice Mayor, sorry, I know you wanted to read, but Commissioner, did you have anything else?

Yeah, I have a question.

Okay, Commissioner Acosta has questions and then, sorry.

I had asked earlier about the 40 feet bonus that you're asking for today. Does that include the space you're going to be needing for the mechanical space? pieces on the rooftop, or is that going to be later on come back to us as we need 25 feet?

No, the idea is that we do not need any additional relief for building height. I'm going to look at Mr. Pinder to confirm that I'm correct.

And for the east and west drive improvements is 130,000 that they covered in the last site approval.

If I may, the plans show a height of 308 feet, which includes the mechanical area. So to the top of the actual roof slab is 298.

Yes, that's a 10-foot mechanical.

And when do you expect the building to be done and completed?

The $64,000 question.

It's actually, we learned, kind of like a $5.5 million question.

I don't need to be reminded of that. The short answer is, you know, obviously we've got to go through, assuming we're approved here, then we have to go to the, the plat needs to be completed, which means we've got to go to the county for the tentative plat. We've got to come back to you for the final plat. That's kind of the element that needs to happen before we could go to building permits. So I don't, I mean, as soon as that can happen, I mean, we're probably a year away at minimum if we really were pushing it.

So construction will be when done?

I mean, completed? Yeah.

I mean, when should people be expected to see this?

Well, I don't guess. Do you have an idea about how long the construction process of this building will be? Two years?

So three years from now, we should have a new building.

I think that would be the earliest it could exist, yes, based on where we are today. the site approval expires 2028. you're asking for two more years well we already have it we have an entitlement all the way through 2021 i mean 20 31 30 30 at this point based on the extensions for the previous version of the plan okay does anyone have any other comments on the site plan i'd love to dig into the t-plat

Okay.

All right. So first of all, what is the existing condition of infrastructure within this easement? And like, you can talk civil engineering to me, like what is underground in this easement? Do we know?

John Potter, Yes, there is a existing I can't remember how big it is this it's a pretty large pipe that does does currently serve as as the drainage for West Western.

yeah okay and there's an outfall for.

Through the seawall, through 360's property, correct.

Okay. And so there would need to be coordination with 360 to move the pipe.

To link it up, yes. Yeah, we need to work with 360. Okay.

Have you reviewed the village's stormwater master plan for Harbor Island? yes we have and i believe there's actually some improvements being planned on west drive in the in the future as part of that master plan has our um cip manager reviewed this plan why don't you come around i'd love to hear your thoughts on this roger hogg thank you um will there be a new outfall no

The existing outfall will remain. What we're doing is relocating the pipe that's currently in conflict with the proposed building. But the outfall itself will remain.

At what point? Removing a pipe entirely and putting in a new pipe entirely? Or are we cutting a pipe and connecting it somewhere?

We are intending to cut the pipe.

Yeah, can you show us? You have one.

So the current outfall pipe is approximately right here.

This is the outfall is- Right there. Right there, yeah.

We are proposing to bring it through here, wrap it around. So this segment of pipe will be removed to likely this structure, the most easily accessible point that would make sense to cut it and connect it. But this segment of pipe would be removed. This portion here within the 360 park would remain.

Roger, can you tell us about your review of this proposal? What upgrades are called for in our master plan and whether or not we will be accomplished, those upgrades can be accomplished through this?

uh good evening everyone uh commission and mayor um the so the the master plan calls for replacing much of the existing gravity outfalls on harbor island um the issue with this one in particular is that it's a major outfall it's i think about 54 inches um so it's a major outfall unlike Most of the other smaller ones across the island are about between 12 and 30 inches. So the mastermind calls to maintain, or I should say retain, this particular outfall, and most everything else will be replaced by the pressure system that's currently being designed by our consultant. So So the master plan calls for maintaining this particular outfall, which is why we asked for the easement to be, or for the drainage to be maintained and relocated.

I mean, I'm hearing what Jen is saying about her lived experience watching that outfall work. And I remember when it was improved upon to become a 54 inch outfall. It is a huge pipe and it needs to be that size. Do we know, I mean, the pipe was recently installed, like I think the last five years, right? Yeah.

I'm not sure.

That alpha was modified recently to increase the size of the pipe is my understanding.

But it's going to be more of a backup than being the main source of discharge. So that's the other thing.

Well, yeah. I mean, in a decade when we're done.

Right.

But we're not moving on that anytime soon. Right. I mean, not not OK. That was a little harsh. I apologize. But the fact remains is that it is a significant conductor of drainage. And I am concerned about the sort of maneuvering of a pipe that's significant at a 90 degree angle when there is risk of things like sediment and corrosion. Remember, like I've I've dealt with. underground pipes that don't do what they're supposed to do and adjacent property owners end up being the ones to pay for that. Is this vetted?

All it really takes is proper maintenance. I don't dispute the fact that it's going to be an additional source of potential issues because of the change in the routing, but that's still going to require additional, or not additional, but the same kind of deliberate maintenance from the village to maintain the, to ensure that you can.

But for us to maintain a pipe that is now increased significantly in terms of the linear feet of the pipe and it's difficult to get, it's maneuverability is increased. I mean, now the obligation on us to maintain it becomes a little bit more of a, of a task right and so that to me feels like an increase in we can't well no of course money but like we can't increase the impact feed just so that it applies to them going forward right i mean how do we how do we account for that additional maintenance cost to the village honestly mayor we have

That's one of the reasons, and this is a perfect example of why we've got the new Vactor truck that has the jetters in them. And we're going to put all of these drains on a regular system of having them jetted and open. That's part of Public Works' operation here on the village. This drain is no different than any of the other ones we have. Well, but it is. Yeah, but it'll be on. I mean, we can get... Steve to come up here but it'll be on a schedule to where it is regularly jetted and we probably have some larger problems with some of the smaller diameter ones than we will with this one but you know Steve you can speak to it with how we're going to maintain this thing.

Oh, sorry. Good evening, Mayor and Commission. This is Steve, Public Works Director. The way that we're going to maintain the outlet filters is with the Vactor truck that we have and the new crane truck that we got. So the inlet filters are, some of them are pretty heavy and hard to move. So we got a crane truck that now can lift those out of place. and we're able to clean out the inlet filters and the storm drains.

Right. Again, the linear feed of the storm drain is significantly increasing and now it's not a direct from the drain to the outfall. There's a 90 degree angle where it's going around the building. So I appreciate that we have a backdoor truck. I appreciate that we have tools. I believe that there is going to be an increase in time, manpower, labor for us to go and maintain a drain pipe that is designed this way as opposed to the way that it was before.

It would be, it does tend to create a possible point of backup, but I don't think that we would have significant troubles with that but we also have jetters that we don't use the vector truck to to suck out the the lines so we use a jetter to clean out the lines for that um right and then so that that air and water goes through the pipe and then everything is just sort of like pushed out into the bay is that how that works yes how do we protect the bay in those instances before

The inlet filters protect at the actual street level. Yes. Okay.

And we did bring up that point during the review. We did question that 90 degree and why we couldn't do it at a 45, maybe a couple of different 45s. And quite honestly, that was several months ago, and I don't remember the reasonings that were given for that.

Do they remember? No.

Do you remember why you didn't want to do several 45 degree angle tones as opposed to, no, I'm asking the civil engineer.

Oh, I'm sorry. Similar to him, I don't recall what those discussions were, but looking at this, I don't see an objection to having an additional manual to create the 45 degree turn at this building corner here.

I'm not sure what you're describing. It's still going to be a 54 inch pipe though, right?

That's correct. And the concerns regarding sedimentation buildup, that's like your staff said, that's typical in lower or smaller diameter pipes. In these larger diameter pipes, that's not necessarily a concern.

Okay.

And I would just remind everyone that as a condition of the T plot, we have to come back for the final plot where the details of this easement will be fully vetted along with through Durham and everything. So this commission will be seeing that issue again.

Yeah, I would be interested. If staff could make a note when Durham comments on this T plot come out, I'd like to see them. My other question about this TPLAT is how did we miss this? And I'm talking to the village attorneys here now. How did we miss this in 2022?

We had, this went to the, what is it? The design review group. It was submitted to city departments. No one ever raised this issue. This was, yeah, and I believe the applicant had also missed it as well. So yeah, we missed it.

Okay, several, this is not for you. This is for our staff. Several instances in the last couple of months where stuff that's really, really important has been missed in our review process, whether it is for public hearing site plan type of stuff or just the basic stuff that gets reviewed by staff before a building permit is issued. I lie awake at night and think about this stuff. And I really wish I didn't, I hate you for laughing. I really wish I didn't have to, but people come to me all the time and ask, how did this get approved? And I say, we have this process whereby when someone comes in for a building permit, every department reviews that application to make sure that the application is consistent with our codes. and the fact that we missed the fact that there is an easement on a plot and we approved a site plan for a whole building over an easement on a plot is crazy to me so mr manager work with the village attorneys to fix it so that we don't keep missing really big stuff may i remind you the village manager was not the village manager at the time I am very well aware of that commissioner, but he's the village manager now. And all I can do is ask for things to be improved going forward.

Just added the list of items on grocery line five.

Okay.

All right. Does anyone have any questions on the T plot?

Is this section part of that stormwater?

I'm sorry. Is this section part of the stormwater master plan area where they're going to be injection wells and possibly replace that completely? Is that why you mentioned it as a backup or no?

No, the injection wells are on the Civic Park site.

Correct. So this is not part of that that will eventually become a backup and not?

No, it all becomes a system together. Just like what we're doing on North Bay Island.

Got it.

You know, the injection wells are there. The outfalls are there. Some of the outfalls that I'm sure in the new design will be abandoned that are on Harbor Island. That's what I was wondering if this would be some of that. The water is going to now flow down towards Civic Park and it's a different system.

Yeah. Yeah. Yeah, but again, I have to think about it as if that system doesn't exist for another 10 years.

Or more.

Look, I wish that I could believe that we're going to have a stormwater system on Harbor Island that is updated sooner than 10 years from now, but I've been on this dais since 2020, and we're going out to bid again for a new... You're an engineer. So it's just the reality that we come to accept.

It's also a huge money issue. We need to pay for all of that. It's going to take a lot of time to put it together.

Yeah. It's actually going to be probably cheaper. But no, I'm sorry. The public hearing is closed. If I can make an observation, there's another point I'd like to make. George, I'm so sorry. I closed the public hearing. Yeah.

Yeah.

So let's move forward. Does anyone have questions on the T-Plat or on the site plan? All right, we're on to the development agreement. If anyone has a motion on the T-Plat or the site plan and they wanna make a motion on either one of those two, you're more than welcome to do that.

I'll move to approve them with the conditions that have been stated.

We need one vote at a time, Commissioner. 13 C. That's the site plan.

Okay. Proceed.

The motion is to approve with the conditions that have been discussed. Including the ones that were added tonight.

Including the ones that were added tonight. Village attorneys, is that sufficient?

May I recap? Sure. Just for the record. Okay. There's a, in addition to everything that's already in here, design condition for the art of the green wall on the parking garage pedestal, it would be enhanced screening on the east side through art of green wall subject to approval of the planning director. During, a dock master shall be required on site at all times during work hours between 9 a.m. and 6 p.m. Monday through Friday. There was a representation made about having 24-7 valet to the extent that that's not already in there, we would put it in there. there'd be, this is from the development agreement, I'll get to that. The site plan, you guys did not discuss this specifically, but generally, the site plan needs to be revised to show the island walk access because the development agreement makes reference to a site plan with island walk access. And there is a drawing with some access there. So we just wanna call it out as a island walk access. And then as far as the outfall pipe,

Sorry, I want to be really clear about that, because there are development agreements for island walk access that obviously have been ignored. So this island walk access, it's not shown on their site plan. I'm seeing the ground level site plan shows what looks like a paved path from the sidewalk hugging the building. Correct. Right. So are we assuming that that is the island walk connection?

We wanted shown, we wanted a line drawn on the site plan that says this is the Island Walk connection.

If I could, what I think would be honestly a preferable route would be for us to locate that connection on the north side of the building. because that existing walk that we have there goes through all the back of house area. It's just not something the public would wanna go through. I think it's best for access point of view to get the shortest route, which would be from on the north side of the building east. So I think that's a preferred condition to be imposed. It's just works better in my opinion for the public.

This whole green space on the south side of the building, is that space being programmed? Is it just open space? Is there a fence there? Is it open to the public? What's going on there?

There will be a fence around that area. You can see on the sheet. That white line is a fence. So it's designed as open, you know, passive open space for the building.

Are you putting stormwater features in this landscaped area, bioswales, rain gardens? Are there specific water retention features designed as part of that?

So there's a private space.

There will be previous pavers, but as far as a swale area, we're trying to stay away from those. there'll be inlets and previous papers that will keep that area dry for the most part.

That's not my question. I see is in terms of the green space that you have there, are you doing anything to maximize that green space for your overall retention and drainage on the site?

No, we're not utilizing anything other than the pervious nature of it. We're not counting any kind of storage volumetrically on that green space.

It's just open green space? Yes, ma'am.

Okay. There'll be inlets throughout that area to collect the stormwater in there, but there is no swale proposed.

Yeah, I'm not asking for swale. I think it would be really helpful for the overall site and for the coastal condition, generally speaking, if there were some type of green infrastructure thoughtfully designed to utilize that green space.

I'm not clear what you mean by green infrastructure. I mean, the entire area is designed to absorb water. We're required to just contain our water. So we're not allowed to allow the water to pour off our property line. So the entire site, obviously, besides the building footprint, is designed to absorb the water.

If you're going to have a pipe underground through this area, it would be helpful if you design drainage away from that easement area. And you've got a ton of green space here. And so I'm just trying to ask the civil to level up, be thoughtful about what all is happening in this space, pull the water away from the easement so that we don't have to spend as much money and work as long to maintain that pipe.

There are collection points here. They're not showing this specific plan, but they're away from the easement, if that's what you're requesting.

Does the water drain away from the easement?

In terms of it flowing towards the easement? Yes, they would flow towards the drainage points. That's what you mean. Okay. The drainage points are going to be, there's approximately two here. There's a few others throughout the site. There's a couple here, there's a couple in the dry vial, and then there's a couple down here. So it's graded to go towards the drainage points. Okay, which are away from this particular case because of where they're at would be away from us. Yes.

Okay. So that 13,292 square feet of green space is private. It's closed out from the community.

We're proposing a enclosed wall right here. This is meant to be for the residents. They want to come down, relax, there's benches, there's all kinds of structures there for them to like sit down, relax. This is intended for them.

So once, if and when this is built, your residents will have the exact same incentive not to connect the island walk as the residents of the 360.

Well, we're proposing the connection to be on this side. It's a direct connection as Graham is describing.

Correct. All right.

Graham just made that change. Yeah. If we put it on the north, we don't have to worry about that issue.

Yeah. Yeah. Okay.

Okay.

Does anyone else?

Madam Mayor, should I continue with the conditions? Yeah. Just to make sure we got it. So we're okay with the island walk access on the north side of the building? I'm hearing. The outfall pipe to be reoriented to replace the 90-degree angle with two 45-degree angles, is that the condition that you want to?

I don't want to place that condition.

You don't want to place that, okay.

No, I want to see the county review, particularly on the engineering side.

All right. And then the last point about drainage points away from the outfall easement. Do you want to have that as a condition? No. Okay. Fair enough.

On that, I can second the motion to approve with the conditions.

This is just for that. This is on the site plan. This is 13C. 13C.

Okay, we have a motion and a second. Madam Clerk? Commissioner Cervone? Yes. Commissioner Adaro? Yes. Commissioner Acosta? No. Vice Mayor Cook?

No.

Mayor Strayer?

Yes.

Motion passes 3-2.

Thank you very much. On to the T-Plan.

We need a motion to approve the T-Plan.

So moved.

I second.

Madam Clerk, call the roll, please. Commissioner Ciarboni? Yes. Commissioner Nadaro?

Yes.

Commissioner Acosta?

Yeah.

Vice Mayor Cook?

Yes.

Mayor Stryfer? Yes. It's unanimous.

What happens if the development agreement is not approved tonight?

They can't move forward with their project until the development agreement is approved. The code requires a development agreement for any project that has bonuses. This project has TDRs and bonus hype.

I personally don't find it too beneficial to the community. I mean, the island walk itself, I mean, to close out the property the way it's closed out from the public and then still benefit from the neighbor's space, but yet not share anything with the neighbors.

I actually fundamentally disagree with Commissioner Acosta, and I'm going to speak on this. It is not our fault. And frankly, it's not the residents of the 360s fault that their property cuts off the waterfront access to this property. I, for one, am sick of walking past a vacant parking lot. A vacant parking lot that's been used as construction staging, that's been used as a trash can, where the highest concentration of pollution on any given day is right around that back part of the 360 parking and this parking lot. It will be... a blessing for this village to see this parking lot developed. We should be so lucky. So yes, I think we need to change our fees. I think we need to demand more for development rights in this village. But I am not going to miss an opportunity tonight to see an asphalt parking lot transformed into a gorgeous, gorgeous building.

Yeah, I agree with the mayor wholeheartedly on this one. I live on West Drive myself, and I think, you know, that renderings from the lobby, I much invite walking by that entrance than what currently stands there. But I'm with you. I mean, I think, you know, why we didn't, I didn't approve the 10x in community contribution fees. It wasn't, I think we all agree that this was, that we're low with the 265 that was agreed. So, I'd like to see a reasonable amount of at least half, doubling it to at least a half a million and open to what the commission wants if they think that that should even be higher.

Mr. Penn, is your client present?

The one that can make decisions on... Yeah, I guess that's why I was walking back to Mr. Jeffries. I don't know if right now our team is in the position to negotiate money. So let me confirm with him or not.

Please.

Sarge.

Sarge.

Thank you.

Already, that's fine. Let's look at the, I just want to go over the numbers so we all understand where we are. Okay, so as contemplated in the draft in front of you, right? The combined payments from this property would be 2.256 million, right? That is based on the 1.7 million that's already been paid for the project, plus the additional 282, plus two 131s for the roads and for community benefit. That's basically what the agreement has there. So the new payments in the document today are 282 plus 262. Doing lawyer math is very dangerous. additional $544,000 over what the 1.7 that was already paid. I think that's correct. So that is what the agreement has in it now. Again, already paid 1.7, we're paying an additional 544 on the terms of this agreement. So as that is framing, that's why I just want to lay it out.

That's where we are right now.

We can go with the highest of the most recent comparable that we received and still be within averages. This is what they're giving us.

You will remember when this came up in 22, because you were the attorney representing SB2 or SB3.

S2.

Basically, at that time, we were requesting contributions, donations, call it whatever you want to, towards Village Hall. And the S2 was vehemently opposed to giving Penny one. Yes. Do you remember that conversation?

I believe so. You've got a better memory than I do for it, I'm sure.

Graham?

Yes, ma'am.

Your client on that project promised me multiple times that he was building this project. And I know that your current clients are obviously different entities and totally different developers, but that promise was meaningful.

What was your promise?

That he wasn't going to sell the property, that he was going to build it.