Planning, Zoning and Appeals Board - Regular Meeting

All right, let's rise for a moment of silence in the Pledge of Allegiance, please.

Thank you. Before we get a motion, can we just, who's not here who also did not request? Did anyone not show up that also did not request an absence waiver?

I just want to start keeping track of those. Is there a motion?

I move to accept the ones that submitted their waiver. Second.

Great. Any opposed? Sorry, and forgive me, are you the alternate? Okay, so we're going to have the alternate acting in capacity, full capacity, I think, today. Yeah.

Please close online public comment. Thank you. Are there minutes for approval? Deferrals?

Thanks. I just, if you all indulge me for a second, I have to start with a really weird note. So it was brought to my attention, and I had a friend make some copies.

But it came to my attention that emails have been going out from an email that is not real or not real from anything. We are from the board and they're really well written. They look really official to applicants with all their application information, soliciting wire payments to the city. And they're signed in my name, so I definitely wanted to talk about it here to make sure people knew that it wasn't coming from me. It's like a .usa or usa.com email address, but other than that, everything about it looks very, very real. In the time since I received yesterday, or was it today, an understand

Mr. Chair, we're also using our social media, kind of how we're doing for sure.

That's a good idea. Yeah, can you all make sure that that goes out on the city of Miami? Just saying that we know that people are getting these fraudulent.

Well, it's definitely pretty public now, so if we can maybe do it that way now. I'm sorry if I ruined their year-long investigation into this, but I'd really like to let people know.

All right, so I guess we'll get started with item number two.

Does anyone from the public like to speak on this item? Seeing that there is no one, and I'd like to bring it back to the board, I would assume not for much discussion, but.

Not much. Just curious, we don't see too many downzonings. What prompted the downzoning?

Anyone else on this side? This side. Member Bailey.

Yes. So for the covenant, the 2024 covenant, so nothing changed. Every obligation is still the exact same.

Great. All right, is there a motion? Motion to approve. Second. All right, Member Bailey with the motion. Second. Patinkin? Roll call, please. Okay.

Thank you. Thank you. You mind if I add my vote to that?

Sorry, real quick, we had a question from a couple board members. Just myself, just three and four. These are land use and zoning changed to the same property. Well, I just, we're bringing it up and then we can, I think maybe let's just make that decision at the end. Okay, thanks.

Would anyone from the public like to speak on this item? Seeing that no one does, I'll bring it to the board. Starting on my right, Member Vann.

Just a clarification. One of your pictures seemed to have lines going through the property. The Coral Gate boundary dips up there? No.

Could I follow up on that real quick? Does that mean, though, that the two properties abutting on the left in this map, those already are T3O, or they also will need to... No, so at some point, they'll also have to come in and do an application as well, if they so choose.

I'm just saying in terms of, as far as cleanup goes, is there anything today that we can do to make more efficient the process or it has to be chosen by the property owner?

Yeah, I mean, just knowing, yeah, it seems like the right thing to do.

Okay, great, thanks. All right, sorry, go ahead, anyone else? Okay. Okay. Well, would anyone want to add? Would we add that to the motion then? Or would it be a separate action that the board would? Okay, great. All right, so we have a motion and a second on the land use item, or can we do them together?

Okay, so yeah. So the land use item, that was a motion and a second. Please roll.

Okay, so same address. Motion on the zoning change? Oh, I'm sorry. You're right. Public comment. On the same address, zoning change. Is there anyone who would like to speak on this item? Seeing none, bring it back to the board. Motion to approve. Second.

Or, you know what, let's, there it is. Just kidding. So the ones that are specific are in bold?

Quick question on this real quick. Number four, the daily needs of residents language, is that specific to this? Have you all been using that in other instances?

So the definition is not there currently. So this is, you're putting it in anticipation of it becoming.

Okay. We'll come back to that. Thank you.

Thank you, Jose. Great presentation. Is there anyone from the public on this item who would like to speak? Okay, so this is the one on 42nd. Nobody's here for that. Okay. So we'll take it back to the board. Starting on my right. Okay. Member Mann.

Just out of curiosity, I don't see, I saw a slide that had the number of hotel rooms. I think I saw that.

And what kind of parking do you have for it?

Just out of curiosity, is that open parking?

Motion to approve. Okay, we have a motion. Do we have a second? Second. Okay, motion and a second. Bailey and Fernandez?

Thanks. Thank you. thank you and thank you thank you thank you thank you both um i just wanted to go back to i think it was four and five or three and four when we said we could ask the staff to take action on the two um lots adjacent so we can get those to conform um oh did something change so i'll what you don't you don't actually have to do a vote i can what i'll do is

Okay, great. Thank you. Right, this is the last until September?

Okay, well, we'll discuss that. Okay. All right, and then next, okay, so there's two items, same or similar neighborhood. How many folks are here for the alcohol application, Little River? Okay, and then the other, Little River Holdings item. Who's here for that? Okay. All right, then we will just continue here in order.

Council, if you would just keep the microphone closer, it would be.

You could just speak up a little bit more. Apologies for that.

Thank you for the presentation. Would anyone from the public like to speak on this item? Anyone? Okay, bring it back to the board. Nothing. Remember man?

Thanks. I think this type of indoor, post-dinner type of space, there are not a lot of these types of places, especially up in the neighborhood there. My only question would be, we've seen where, and this is to be taken in favor of the idea, but where in a neighborhood, one property would do this and create sort of a weird, a lot of different closing times. Someone may go in for four, someone may go in for five, someone may go in for three. So I just, you know, wonder here from a, you know, from the neighborhood perspective,

So does this application under the current code for Little River, does it have any sort of special overlay or entertainment district? So is that something that... Does this application currently... preclude someone else from coming in and asking for the same type of application. Within 1,500 feet.

To be clear, the school issue is to me a non-issue because it's higher still than the state requirement. Okay. Anyway, you know, the other ones are not a thing, especially if the outdoor area is just a smoking area and, you know, you're not going to be getting. But I guess just as an advisory board, if someone makes a motion, I would be interested to see the commission and specifically the commissioner for the district who obviously knows what's going on. We have two very, one that's developing and one that we're about to talk about. Is it advisable that the commission discuss with the large s

To the chair, if I may. Oh, let me. Oh, yeah.

Member Bailey first, I'm sorry. Mr. Chair, I was hoping that we would take up item seven first before six, because specifically kind of what you talk about, because it is like workforce housing things in the actual larger project, and so I would like to see how it totally fits.

Right. The thing is, these are, in all respect, you make a good point, but they are kind of two totally different scales and types of things, and that project will have its own sort of set of rules and things so I just to keep it. for the sake of the applicant also, you know, narrower.

Right, right. Because the landlord has to apply when the tenant wants to apply.

Yeah. Okay. Okay. So I don't know. Again, just really on that point, if anybody's okay with adding that as a sort of consideration for commission.

If I could just get some clarification on something here. The first exception was Because you're too close to the school, correct?

It's currently allowed to 3 a.m., and they're asking to go to 5.

That's number three. But there's three exceptions. Yeah, so I guess three exceptions. One of them is the time. The other one is you're too close to the school. What's the other one?

Could you explain why... There's a difference between a restaurant serving alcohol and an alcohol service establishment for the benefit of people that are not so.

Because it's in a D1 and it's not allowed in a D1?

Let me try. Sorry. Alcohol service establishment, you can only sell alcohol or you can sell alcohol with food. I'm not confused about that.

Food, okay. What was confusing me was there was a talk about not having alcohol establishments too close to each other.

Oh, you can have like license to like license distance separation. So if your food service establishments can just exist. Line up. Line up. But an alcohol service establishment, if you ask for that, Unless there's a special overlay, they have to be separate by a certain distance.

So that's the exception that we're, the number two exception then?

That's all I need to know. Thank you. All right.

They just, yes. Don't need to sell food anymore up there. And I also wanted to be clear. I'm not suggesting that the conversation that the commission has, however that turns out, preclude an approval of this. I'm saying it should be approved, but they should also discuss neighborhood-wide.

Thank you. Is there anyone from the public who would like to speak on this item? Please come up to the podium, state your name and address. Make sure you speak into the microphone so it's loud. Thank you.

Mr. Pumo, if you... I know, I know, I got to... Yeah, just bring it to a conclusion.

Thank you. Thank you for your suggestion. Anyone else like to speak?

Thank you. Is there anyone else in the public who would like to speak? Okay, seeing that there is no one currently, we'll give you an opportunity to speak if there are any questions. But we'll start, you'll come back around. All right, Member Mann.

Thank you, Chair. Maybe staff could correct me if I'm wrong, but a bonus site at 48 means it's perfectly possible that they could ask for 48 stories in that district?

It wasn't just an example of what might have been there otherwise? They really could put 48-story buildings there.

Yeah, I know we had a primer on this not too long ago, recently actually, and I think it's a great idea, but some things really concern me. You're essentially building a city, a new city, where there is no city. I think it's a fantastic idea to expand the transportation network, particularly trains. I think it's critical for Miami's future. But you're asking us to approve a city where there is no city. And I can't do that without seeing concurrency. I don't believe that you have enough water there, that you have enough sewer treatment there, that you have enough garbage pickup. I need to see,

Member Mann, let's, if there are any responses, we'll start with staff and then we'll go to The applicant will sort of do this will be the format. So we'll go down and as you guys raise issues, we'll have everybody respond.

And we've heard this before. But we don't see the data. And I need to see the data. I'm just not going to take it on face value anymore. It has the water and the sewer and the garbage trucks. I need to see the data.

I'm not going to cut you off, but I do just want to let Because I think everybody's gonna have a lot to say and questions to ask. Just ask the question, let them respond, and we'll go back and forth. But first, just let everybody finish the answers to the questions that are asked.

Okay. So really quick, can we just get basically a bullet point

We are developers who deal with... Mr. Swerdlow, I'm sorry to cut you off, but you've got to talk directly into the microphone.

I'm sorry, really quick. Before you answer that, can we do a five-minute restroom break for everybody, please? All right. Thank you.

Good to go? All right, let's continue. So we left off with Member Collins had a question.

Can you clarify that answer? So Phase 1-1 is all the way on the left. That's going to... house everyone that is currently housed in the older buildings, right? Okay, great. Then to the right, there are two more light blues. One appears to be sort of in the center of the current active zone of the adaptive reuse stuff, right?

I did not, and I'm trying. I get the overall, but it's okay. Hang on one sec. Just because the map is helpful. Let's start with that one again.

Let's see the map while we talk about this. That's going to take the people that are currently housed in the old buildings that are falling apart.

Right. So there's no net, there's not going to be a unit lost from the old units. There's actually going to be a gain. There's going to be a gain.

Now, in the legend, it says phase one, light blue. There are two more light blues.

So, you know, the big question still remains. What happens there in the center, Phase 1, and... Sorry to hijack, Member Collins, your question. Was that your last one? Because I don't want to... No, it wasn't. Then I should just stop and all that.

Yeah. Maybe I'll let them... So somebody's here from there. Yeah. It's someone here from AJ Capital. Good evening, board.

Wait, can you... Wait, can we just... Sure. Yeah, why don't you...

Got it so area 2 phase 1 is the. Enhanced open space.

But it's... Well, that's, I mean... You think?

So you guys are co-applicants but have no... we don't have the same level of detail of planning that your co-applicant has. Is that correct?

I guess what's glaringly different is that the public benefits in areas one and three are extensive and tremendous to unlock. Whatever they get to do are seeking to do, which also has a public benefit just by being affordable in general. So, then area two, there are some thoroughfares.

You have to understand that we're presented with projects every two weeks, some of them at very large scale with great impact to our city. Many promises are made. We deal with the fact that people come back later and say, you know, you said you were going to do this or, you know, remember the last time some people came and asked you, the board, for something and you gave it to them? Well, here's a picture of what they didn't do or that kind of thing. So it's totally reasonable for our board to just get a sense that there is adequate financing behind such a large-scale project. Obviously, the t

Just backing up my fellow board member here on his reasonable question. Thanks.

How are you feeling about that answer? You good?

Do you have any more follow-ups or you good? Thank you, my question is to start with staff. Thank you for the presentation previously, so I kind of had an idea of where we're going tonight. The jointer that was sitting at 513 kind of threw me off slightly. So is it in effect tonight, like all the changes?

Okay. So my first question is regarding one of the changes, like one of the new conditions on 5E. And so it seemed like the chief protection for the 5,730 affordable workforce housing was in condition one. With that new condition 5E, it can be converted administratively with no return to the board. Could staff speak to that change, that 5E?

Okay. All right, so my next question is regarding condition four. It basically says that parcel within the master plan may be developed at any time pursuant to the underlying Trans Act. Basically, so if a parcel can be developed based on that, does that mean that they can pretty much exit the program while the district keeps its entitlements?

All right, let me scroll down to, sorry, I have a couple questions. That relates to the affordability. Is there a master covenant now that's traveling with this along to the county locking in those 5,730 units?

Thank you. The next question is for the applicant. So for the 314 public housing units, is there a one-to-one replacement? So I know at Curling State, they have- No, no.

Let me make sure I understand correctly. I know they have the first, their current resident has the first right of refusal to move in. But the 314 units that will now be gone, will there be like the, for... future renters, that same rate of the public housing has been lost.

The reason why I asked about the 314 because it is a very different rate from the workforce affordable. And so I wanted to make sure those 314 units were locked.

So my next question for you, the area two is solely market rate, which seems to be closest to the station.

Thank you. I just want to ask the applicant who's responsible for Area 2. So there will be solely market rate in Area 2, correct?

And so you're representing Area 2 also, correct? Okay, perfect. If Area 2 can just speak to why.

And one final question, I think. Savannah, I think you answered it. I just want to get clarity. So given paragraphs four and five for the county, the joiner, how will the covenants be required for 2B and 33 be recorded against the five county parcels without the county's written approval?

I had a question for staff. There was a gentleman that was here earlier, and he spoke about he learned, his wife told him he came, and I think he heard his address while he was here, just in case he still listened. He wanted to figure out how he fit, and I don't know if staff can possibly answer.

So we have... One board member has another question. I have my comments. And then I think we got to, because we're also up against.

I just want to make sure the gentleman that came here, he had his question.

Oh, okay. It was just about the other guy.

I'll be really quick. None of my comments would change the fact that I THINK THERE'S A HUGE BENEFIT TO GETTING THE TRAIN STATION BUILT. MY NUMBER ONE THING IS ALWAYS ABOUT NOT LOSING UNITS, AND THIS ADDRESSES THAT. THAT WAS THE FIRST THING WE HEARD, SO WE'RE NOT, YOU KNOW, ANYONE WHO'S GOT A SPOT NOW IS GOING TO HAVE A SPOT IN THE FIRST UNITS BUILT. I DO AGREE, YOU KNOW, GREEN SPACE, WE CAN ALWAYS USE MORE, AND SO, YOU KNOW, WE'RE ADVISORY, AND SO FOR ME, YOU KNOW, SAME AS THE OTHER Thing that we heard before I'd love to tack it on as a, you know, clear message to the commissioners when they d

Yeah, I agree. I just, I think, you know, same thing, sitting where we sit based on our experience. Let's say you have a change of heart or a change of game plan, and you guys decide to sell what you have to one or multiple parties. If something doesn't travel with the land that does that, then... Look, it'll be what it'll be, right? If those people decide they want to come in and do something huge and they're going to lobby or do whatever to abandon whatever was in place. I'm just saying that what's interesting about the project is also that you have this flow between. And it's something that

Fair. I mean, if we were not merely advisory, we might say, We'd want 20% instead of 15% or whatever.

Oh, the exception. Got it. Sorry, I thought that's what I had asked before. I thought we were... Okay.

Through the chair, could I have a question for staff? By right, we'll be, we vote yes, by right, they have 24. Do they also have 48 by right, or would they have to come back before us?

And they don't have to come before us or commission to get that?

No, I'm uncomfortable with the possibility of going to 48 feet, 48 stories in that area without being able to stop them.

If that's the case, I can live with that.

I thought you said it was capped in 33. No, in three. Yes, in one and three. Currently. Only in area three. The current one is capped in three. Was there something, the current is capped at three. But not in one, correct? Not in one?

I'm good with that. And the master plan that you guys have seen anyway is that. Right. Right. Okay, well, in any case, that was proffered by Mr. Swerdlow, and no one asked for that specifically. So if that's what he wants to do, then that is what is- We will stand by it. We're standing by it, so there you go, okay.

Based on staff's affirmation that the concurrency is not an issue here, and that capping at 30 feet, at 30 stories, I'll vote yes.

So are you okay with Mr. Swerdlow proffer to cap Areas 1 and 3, both at 30 stories.

Okay. And just to be clear, though, to go from 24 to 30 on Section 1, there would still be benefits given to the city to get those additional stories. Member Mann, you heard that? that there will be, for those additional stories, if they take those stories, there will be benefit, public benefit. I understand. Okay. I vote yes.

With the bonuses? Yeah, it's an affordable housing building. Public benefit stuff. Okay, let's...

Well, we've got ten minutes and I think.

No, I think we're good. Ms. Cirillo, I have faith in you. I'm good with that.

It's been withdrawn. Can you just repeat what you have proffered?

We're not, just to be clear, if anybody's watching this later, we're pulling transcripts. We haven't asked for any. We are not contract zoning here. You all are negotiating against yourselves. Do me a favor. We have enough time to make a motion and end this meeting at 11. Would you please take two minutes and confer with your client and the other applicant? Just take two minutes, please. Thank you.

I'm just gonna ask if there's will to make a motion for 15 minutes after 11. After 11.

Any opposed? Okay. All right. So we have until 11.15. We're going to take a two-minute bathroom break. we'd like to hear from the attorneys and the attorneys only at this point so that we can land the plane.

Okay, that's what they're offering. 36, 48, 30. Okay. And I guess I would just ask if any of the board has any questions or issues with what they have proffered. Or a motion.