Planning Commission - Regular Meeting

Secretary, may we have call of roll, please? Yes, sir. Chairman Erns, uh, present. Vice Chair McDermade, present. Commissioner each, Commissioner Cyre, Commissioner Bob, Commissioner Dominic is excused, and so is Commissioner Besson. We have a quorum. Thank you, Madam Secretary. Now I ask everyone please stand for the pledge of allegiance to the flag.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you everyone. Staff, do we have any amendments to the agenda?

No. There we go. Thank you. Thank you. Item um PC 17-117. The applicant is requesting this to be tabled until the next planning commission meeting. All right. Which would be two six three two I'm sorry two three. Right. Okay. So noted any other adjustment.

No other amendments sir. And the applicant for that item is here just in case you had any questions but we asking it we'll wait till then. Yes sir. We [clears throat] could do that now just so if people are in the audience waiting to speak they would know that they wouldn't need to wait. All right. Are you okay with doing it? Um so was it necessary to read the item into the record at this point or just mention uh to call upon the petitioner if he would um Right. We would just call on the petitioner to uh make the request. Okay. And [music] there'd be a vote

at the podium. Okay. Um so if the petitioner for item PC171 uh 117 um titled zoning districts uh um for changing a minimum standards of the height um for maximum height 55 ft. Um, if you would go ahead and make that request formally so we can put it on the record. We need your name and address.

Good evening. My name is Tracy Slavvens. My address is 3800 Northeast 1st Avenue Sweet 200 with LSN Law and I'm here on behalf of TNT Marine Center LLC. Uh we are requesting a deferral to the February 3rd planning commission meeting in order to address a few remaining items before we present to you. Okay. Thank you very much. We appreciate that and we'll see you February 3rd. Well, we have we need a motion then. Uh well, we do. Okay. Or else the whole item has to be revertised. All right. I I understand. Motion to table. So move to table. Okay. Mr. Cyford Cyford has moved to table the continue continue

continued not table. I second that. All right. Second by Mr. McDermade. All in favor say I. To clarify this is to the February 3rd meeting. Yes. Okay. Thank you very much. We'll see you then.

Thank you. Thank you for that clarification counselor. So um there are no con um we we've discussed the uh continuation then correct that is what it's called the continuation of the public hearing. Uh the next item uh will be PC1716. Uh this is a quasi judicial proceedings. Um I'll ask oh you need to go back to item two the approval of the minute sir. Skipped right over that. [laughter] So tied up with that other item. My apologies.

Yes. There's a um chair entertains a motion for approval of the minutes for December 2nd meeting. So moved. So second moved by Mr. McDermade, seconded by Mr. Cipher. All in favor? I very good. Anything else prior to that under you just go Mr. uh uh communications. You'll note that the next we've got the date there. The next planning.

Yeah, we we've talked about that. Uh uh just to for again for clarification uh under communications, the next planning commission meeting is February 3rd, 2026. Okay. And um we've covered continued public hearing. So let's move on to our first item. Let me uh read the procedures first. Okay. Yes. Uh at this point, Mr. Held, um you have the floor. If you'll go ahead and go over the um process for the quasi judicial.

Okay. This is a summary of the quasi judicial procedures which are applicable to all of the items on tonight's agenda. These rules apply to applications on specific parcels of land like zoning map amendments, special exceptions, variances, and conditional use requests. The commission will sit like a court, hence the term quaser judicial, reviewing the facts presented at the hearing, applying the adopted rules as explained by staff in the staff report and verbally. Commission members can make site visits, but must disclose the evidence upon which they intend to rely from that visit. Commission members will disclose at the beginning of the hearing whether they have had communications with individuals on behalf of the applicant or otherwise including who the communication was with and what the topic of discussion was. All persons intend intending to speak to the commission will be sworn by the clerk. The staff will make a presentation and the commission may ask questions. The applicant will make a presentation including expert witnesses if any and the commission may ask questions. When the public hearing is open, the public can make comments on the application limited to two minutes each. Citizen testimony must be factbased, not opinion. Commission may ask questions and the applicant's attorney, if any, may ask questions on cross-examination. Members of the public can decline to be cross-examined. Staff may present additional testimony to supplement or rebutt arguments made. The commission deliberates based on the evidence presented. Commission's decision must be based on competent substantial evidence, meaning based on the record staff presentations, expert presentations, and fact-based comments by citizens according to the standards for approval set forth in the city code. The commission may approve, deny, or continue the item. While staff previously read into the record, emailed or mailed comments since these are not competent substantial evidence, for example, not sworn testimony subject to cross-examination, the board's decision cannot be based on what is contained in the emails or mailed comments, but they can be used to

identify issues and help identify sources of information that do contain competent substantial evidence upon which a decision can be based. Lastly, we ask each of you to treat this proceeding with respect and proper decorum. No calling out, interrupting speakers, or disrupting the proceeding. Please give this proceeding the same dignity and respect as if you were in court. Disruptions are prohibited and enforcable pursuant to the city code. Please also silence your cell phones. Thank you. Thank you very much, counselor. Um so at this point um I would like anyone who's u uh wishing to speak on the items on tonight's agenda uh please stand and the the board secretary will go ahead and administer the oath. Okay.

So again if you do again that's anyone who plans to speak on any of the remaining items. I'll need you to stand at this moment to take your oath. Okay. Do you swear or affirm that the testimony and evidence you are about to give will be the truth, the whole truth, and nothing but the truth? I do. Thank you very much. Again, that's for all the items on the agenda. All right. Okay. So, the first item on the agenda, first of all, um councelor, do we need a disclosure on this particular item? Yeah. Well, let's read the title and then make the slow.

Okay. So, the item is PC17-116, a resolution of the mayor and the city council, the city of North Miami, Florida, approving the vacation, abandonment, and sale of a portion of a city-owned alleyway located east of 120 of 12255 Northeast 16th Avenue and north of Northeast 122nd Avenue. That should be Street, I believe. Uh please note that on the uh in in the item is listed as 122nd Avenue. I just noticed that we need to change that to 122nd Street.

Chair chair notes that staff may continue. So again, the property location is located east of 100 of 12255 Northeast 16th Avenue and north of Northeast 22nd Street. Further authorizing the city manager to negotiate the sale of said section of public land and to take all necessary steps to effectuate same, providing for an effective date and for all other purposes. May we have staff report, please? Yeah. And again, we will Yes,

we would definitely make that change, sir. Thank you for that. Okay. For the record, Debbie Love, director of community planning and development.

And the item, as you read it, is the um abandonment of a portion of a the alley. Um, as you can see here, it's highlighted in red. Um, because of the way the property appraisers, um, um, parcel map is, it looks like this extends into the alleyway that runs east and west. It does not. It actually stops um at that intersection of the alley that runs east and west and the alley that runs north and south. So it's below that intersection. So it does not affect the entryway from what is that northeast um 123rd down to the west the east west alley. That remains open and that is not part of this request. Um as you can see that um the parcels that are on either side uh both on the east and west side of the highlighted area is owned by the same um company. Uh and so it would be assigned by our code to both sides and since it's under one ownership it would be go to one owner. Um they are planning as part of an overall development that these uh this would be it's a requirement of our code that these if if it is approved by council they have 45 days to actually consolidate that into the overall development site. So they'll be consolidating all three components. The um the uh most eastern that is also highlighted which is a strip of parking

that they own. um the subject the area of abandonment along with the uh I believe that's the former bank uh to that property to the uh west that they own as well. So you can, this is a really great opportunity to get a uh a good visual of the area of abandonment because as I said to you that 2D image, it makes it a little unclear actually where the abandonment area stops. And you can see that it stops before the east west alleyway. So it does not impede access behind the the buildings there that run uh on the west on the east side. Uh, and that particular area, um, the it's a 15 [music] foot platted alleyway and I I think it's 110 ft long, I want to say. I actually had it in the PowerPoint, but I can't read it from this angle, so my apologies. Let me take a look. It's a uh, my apologies. is 145 linear feet of that um full plotted alleyway 15 foot wide platted alleyway

right and it is noted on the uh sketch for the alleyway it is closure yes I see that 145 ft listed there

and the the justification that the applicant has profered in their letter of intent is that um the little strip to the west to the East is essentially unusable except for parking. And by um they believe this by doing that and then combining all those it makes it a more viable um economic uh for economic [music] p purposes for development and then it does provide them an opportunity for a more in our and staff's opinion a more cohesive planning uh for this. Uh there are some issues as I've called out in our in the [music] in the staff report. While it it does provide and I I had to go actually and and and look at it myself over course of days, there's quite a bit of traffic that actually cuts between 123rd and 122nd. So it's used as a alternative to 16th Avenue. Um, and it could be if it was if it was um improved, it could be a good north south connector to the train station. But in our mobility plan, which is what we have to say, if it was, it's not in there. It's not marked as any sort of protection, preservation. Um, staff is always very hesitant about making a recommendation to abandon any alleyways or any streets because of the the the connectivity that this provides. But because it isn't called out in the mobility plan for any sort of preservation or protection, um we have we're not recommending denial.

It is up to you all to decide the merits of the application itself and why they want to use it. I know that you all are really really great about reading your staff packages and if you note in there um they do give justification. They they they say it's p essentially been privatized um because it's used a lot for parking, but it really isn't privatized. It's still owned by the city. Uh so we ask that you take all of that into consideration when you're making recommendations to city council. There are cons, as I said to you, there are conditions um associated with this. Um assuming that you all make the recommendation to approve it. Uh but part of this process is to obtain two uh appraisals. And the two appraisals came in, of course, within striking distance of one another with at 250 and 245. The charter requires that the price be no less than 90% of the appraised value. the city manager will ultimately be responsible to negotiate with the applicant as to whether it's 90 or somewhere north of that, but it cannot be any less than 90. So, you'll see that that's still a blank in there. Um we will be slightly modifying the staff report and the resolution to um reflect further direction from administration. But at this time they simply ask that we we provide you with the appraisal numbers and the fact that she will be responsible to negotiate whatever that amount is ultimately. Um, and then so we're asking you tonight to determine whether or not you want to recommend the sale as far as what it's sold for. Um,

that would be work through the city administration. Does that make sense? Yes. Um, no. Um, I'm curious as to the legalities that might be involved. Um, when you mention the word privat privatiz privatizing that that property is there anything that was done? No, sir. Absolutely nothing. That's why everything was above board with there's no there's no appro. It's still it's still an alleyway, right? It just happens to be access to the parking they have on the the western parcel as well as the eastern parcel. Right.

Um it doesn't so you wouldn't anticipate any kind of a a legal snag because of the fact that it was it was not technically not being used illegally um for their for that purpose of parking. In other words, if it was deemed a parking area, it wasn't, sir. It's still an alleyway. It's only been providing access to the parking that they have on their sites. Okay. So, that's just an an a [music] point of ingress. Egress through. All right. Between 123rd and 22nd.

I I just I'm I'm not trying to pick. I want to make sure that we are aware if anybody wanted to challenge the fact that that's that alleyway was being used illegally at any point and and obviously it was not right and so that's that should not be an issue. It should not be an issue sir because it was not used as a as parking. It was used to access the parking, but they've been maintaining the alley, but our code requires that owners adjacent to alleys are required to maintain the alleys, right? So, um, so you keep your staff report as you all know,

but there's no there's and I'm sure the applicant can answer any of your other questions or even expand on

on my that's the only thing that I was not clear on and you've you've clarified that. I appreciate it very much. Thank you. Uh just to remind you that um we do have the typical abandonment conditions that uh once they pay for it, this once the once council says we approve this at whatever the value is, they're then required to pay for it and within um uh 45 days of the adoption of that resolution, they must unify the parcels of [music] land. So on our end, it's really uh important for us to be timely in getting the money from them so that they can prepare the unity of title in advance or covenant and loo whatever they're using so that within that 45day window it can be recorded because then

um we will work with them on the deed transfer after we receive payment. So, it's it's important for them to be quick in making the payment. And then and then we will work with the uh our city attorney's office to create the deed, the city deed that would um be then providing Here you go. Now you own it. Understand? Now, this is also in the same zoning district, both properties. There's no conflict conflict there as far as different designated uh uh zoning code. No sir, you can see the zoning which is up on your screen. Yeah. And it's all the same zoning. Okay. Right there. Good. Okay, sir. Yep.

And then the um next steps for us would be that this is um anticipated to be heard by city council at their first meeting when they return from break on 127. And with that, that's the end of my presentation. I do know that the applicant's agent is here and he'd be more than happy to answer any questions and maybe make a brief presentation if that's what they desire to do. Sir, very good. Good evening, sir. If I could have your name and address, please for the record.

Sure. Good evening. Happy New Year. Ethan Wasserman with Greenberg Ch 33 Southeast Second Avenue here on behalf of the applicant. [clears throat] Debbie really did an excellent job going through the backup and I was going to add to what she was saying about what we meant by privatized. Most alleys and and she explained it. Most alleys you'll see are unimproved. You know, they haven't been touched in years. But what we meant in our application by privatized was we're currently maintaining it. Uh if you look at the original picture on the slide, it's it's blacked. It's brand new asphalt. It's part of our drainage. We have cars backing into it. So, we've as as Debbie mentioned, we're obligated to maintain that alley. You don't really see that in other alleys as much. So, we've essentially been improving it. Uh but through this process, um the abuing property owners are basically all fenced in. So, they don't really use this alley except for one. And through this public hearing process, one of our neighbors reached out to staff. We got in contact with them and they used this alley. So we our original application was to close it completely. Um but what we've agreed to do with our neighbor and and and uh council is here representing our neighbor. We would like to make a voluntary profer if you would accept it. We are going to enter into a private easement agreement with that neighbor uh to allow continued access for the commercial. It's a it's a commercial storefront. So they have a lot of tenants. They have a lot of uh service trucks that may be using the alley. So, we want to keep it open for them. It will have a vertical constraint. So, there will be um at our neighbors uh discretion how high we're going to have a vertical constraint. Usually 18 ft, 20 ft, something along that nature so that when the alley is closed, we can build over it. But we will allow our neighbor to continue to use our insurance, our maintenance. It's at our cost, but um they will be able to continue to use that alley system through an easement process. So, if you'll accept that voluntary profer, um I don't want to speak for uh he's not opposing council because he's supporting the item, but I'll let him speak for for his client if you'll accept that profer. Um I have no problem with that. Um does this have to be

a motion on change of of terms or anything? uh because if it's if it's not a part of the uh is it addressed in the plans that we we got? Well, I think I think that the neighbor would feel more comfortable as a condition part as a condition or I could leave it as a voluntary profit that we'd execute privately, but I think they would like to know that it's part of the approval going forward that we commit to it. I don't know that making it a condition is appropriate. It's a private agreement. So, you're making it a voluntary profer, which we can accept. Okay. Yeah, I'll let And it would be on the record,

right? Okay. We're f I'm fine with that. I'll let uh And now council, we have no problem with that. Correct. There there would be no question as far as the city is concerned. No. Once the deed [clears throat] transfers from the city to the new owner, we we don't really have any interest in it anymore. that whatever they desire if they desire an easement it's their property. Okay. I see. All right. Good. You'll execute. That's clear on that. Thank you very much. Mr. W was you would execute after title transfer. Correct. We couldn't record the ement until we're a fee simple owner. So it would it would be our responsibility to record it after the deed. Right.

Did council wish to speak? Sure. You you lean to gentlemen. Good evening. I could I need your name and and address also for the record, please.

Good evening, members of the commission and staff. My name is Armando Hassoon and I'm a lawyer at Shutzen Bowen and Council on behalf of Biscane Investment Properties. Uh the property owner of 1640 and 1680 Northeast 123rd Street, which is the neighbor that Mr. Wasserman was referring to. Uh it's immediately within the vicinity of the subject of the application to vacate. Uh we do agree to Mr. Wassermanman's profer and have no objection to the application because the applicant has agreed to give us an easement for perpetual perpetual easement for access. However, um if we do not achieve the executed easement agreement by the time this item goes to commission, then we want to reserve the right to object to the vacation. Uh and on the point of making this easement agreement a condition, we would like to push for it to become a a condition or at least a part of the item in its recommendation to city council.

So how about how about if you execute an escrow and it'll be released upon a following title transfer. Yeah, I think that that's the intent. We would do that and that I think that's what uh council meant. We would negotiate it. I would assume they would hold it in escrow and it would be recorded publicly. You you understand we we should treat it as a private agreement. But it's fine with me and I think as long as it's stated publicly as part of the record, I think council should be acceptable to it. Okay.

Right. So, no further action on our part with uh in the approval process of the application or or additional um wording in the in the text that staff put together since it's between those two parties, not involving the city. Okay. I just want to make sure that that that's clear and we're we're all clear on that. So, that's an agreement that we do not have to put in to the to the ordinance that we're we're faced with tonight. Everybody understands that? Correct.

Right. Are there staff recommended conditions? I don't see any in the staff report. Where's that conditions that I went through? Sorry. Thank you. Uh yes, we do have the standard conditions about the deed transfer. That's what I was explaining to you. Um about any well this is a different type of easement. We also require them to um make sure that any utility companies that need easements through there uh and then the unification of the properties within 45 days of that. All right. That's why it's really important to

move quickly applicants to move quickly your payment so that we can get that so they can get it recorded within the 45day window. Right. Okay. No objection to those. You can continue with your presentation if you could, sir. Please. What's that? If you can continue with your presentation, please. That's it. That concludes my presentation. If there's any other members from the public, I'd like to reserve some. No. Are there any other um um staff of your staff that needs to add anything else? Not unless you have any further questions.

All right. In that case, then I'll go ahead and open up the public hearing. Public hearing on this item is now uh open. Anyone wishing to address this item, please step forward. I need your name and address, please, for the record.

Good evening. uh Orlando 11 1930 North Basure Drive. I have two concerns with this item. Um I didn't knew about this before. One is in one of the plans or drawings that u Mrs. love show us that alley originally went through from street to street and for some reason which I don't know why was cut in the middle of the in the middle and now is is is blocked but my concern is [snorts] there are a lot of alleys in North Miami and how that situation happened to have that alley a um block in the middle. If that happened because somebody previously purchas the the the the other part of the alley or not, um that will be a concern. And the other concern that that I have with that is that the intention is not to use privately uh not only use privately that that land but actually create an an area for a huge development or bigger development there. And then again we are with a lot of developments that has not been has not considered the proper infrastructure and um in in the city and that just make um another we don't know exactly what they are going to build uh with a bigger property they are going to build probably a bigger development and we have not changed anything in the infrastructure for the city. That's those are my two concerns and for that reason I I I also I would like to

postpone until further analysis of of more information about how that ali came to that situation because originally it was not that way for sure. Thank you. Thank you very much. Anyone else wishing to address the item please step forward. Seeing none, hearing none, I'll close the public hearing. Public hearing is now closed. Um, petitioner has an opportunity for any remarks or rebuttal. I would just state I think Debbie was going to mention it. The alley is not closed. It's open and continuous continuously. Uh, the flow of it is is unimpeded is how I describe it.

Remember I was explaining if I may pull the PowerPoint back up. As you can see, the alleyway is not closed. The way that it looks, remember I was explaining to you the 2D image, how it [music] how it how it sits where it looks like it goes above that. It does not. As you can see here, the area of abandonment is below the intersection of the north of the east west alleyway. Right.

I would just add one more clarification that what you're not seeing is the other half of the alley. The alley has continuous it it it's it's not a dead end. So, uh let's assume this board were to approve or recommend approval, the council would approve it. It doesn't dead end into our site. It's a U-shaped alley system where you come in and come back out around. Right. Okay. Thank you, sir. Sure. Um any anything else before I go ahead and open up the uh discussion with the commission? Um, if not, go ahead and we'll start with Mr. Ciphered down on the to my left, sir. Good evening.

Good evening. Thank you, uh, Mr. Ernst. Generally, I'm I I support this. I I've got a couple of questions. It looks like the bicycle repair shop I go to sits just across that alleyway. And uh so I I get by there multiple times in the course of a year. Um I'm curious to staff because you mentioned it. We all hope for that train station in 2032, give or take God knows how long, but we're working without any kind of real master plan for traffic flow on the train station. No conceptual thing of where people would park ingress, egress. We're shooting at the dark on this because there is no station there now and there won't be for some years, but at some point if we live so long,

there will be a train station. That's right. And we don't have any type of master plan that says, well, this is for visitors to stand. and this is where they're going to park. This is how they're going to get to the parking. Uh that nothing there. And so, okay, we don't know if this alleyway issue in in say 10 years is going to negatively impact access and egress from the train station. That's what I raised to you before. Yes.

Um now, we would not have a master plan to to that level. We do have a master plan for our mobility area including the train station. Um, and it talks about uh accessibility. It talks about uh utilization of alleyways. It talks about um everything from design to um [clears throat] uh potential catalyst projects. And so we would not have a plan that is that granular level for private property. Uh but we do know that this is an north south and east west. if they are that was staff's only hesitation about this particular application but because it's not identified in the subsequent that was recently adopted mobility master plan that actually talks about alleyways and and uh you know accessibility to the train station. This particular alley was not called out in that plan for any sort of special treatment. So that's the only reason that staff is not recommending denial.

All right.

Can I May I interject for a second? I just got a little I need a little clarification. I thought alleyways were designed for service, not for third not not for direct traffic uh like you have on 123rd Street or Northeast 16th Avenue. An alleyway is designed to service that business. uh pick up the sanitation, uh parking, stuff of that nature. But to say that, well, we need this street as a direct access route because we're going to have more traffic on 16th Avenue. I think that's kind of a stretch and I'm sorry. Uh well, that's I just wanted to bring that point up. It's it's not that we are um we've adi we've said it is an an alternative and I've spent many days there looking at how much traffic actually uses that.

So you would make that into a street. No sir, it's not going How would the general public be inv how would the general public be invited to use that alley? At this point it would become private. I'm sorry. at this if it is if it is approved by council for the sale it becomes private. Yeah. So it no longer then that the applicant would it becomes a private issue and they are I think that would be a better question to ask. No, but I'm I'm a little bit confused on the issue of an alleyway and its definition of what is there for. Well, remember

and I don't see an alleyway as a uh a direct route of travel. An alleyway is a service thing. And it I just I I just a little clarification. Alley's alleyways are not necessarily limited to service. We have alley that that that's one of the things that we're that you use is be able to go in there and get but traffic moves along it and some of these alleyways that have been identified in the mobility master plan. Oh, is that right? Yeah. Some have been identified to become streets,

not streets, sir. But um connections either via pedestrian improvement, [music] bike improvement or in this case because cars use it. Um people can use it as well and people do use it.

They do. I'll bring up a point. If I want to go to Publix over by your area, there's an alleyway there right behind a department building that everybody in the world cuts through to avoid having to go all the way down to the light and to access 127th [snorts] Street, I believe it is, or whatever, right by Johnson Wells there. That and everybody, it's not a street. It is an alleyway and it's it's right behind an apartment building. And I go I use that all the time, you know, and I know that I'm waiting for somebody to stop me going through there. But there are a lot I think there's a lot of cases of that throughout the city. And we'd be surprised how many people take advantage of of the fact that there's an access at one end and an ex, you know, an exit at the other end of of an alleyway. And they're paved. They're paved uh alleyways.

Johnson, right? Johnson. That's actually that's part of Exor. No, sir. I believe it's not. It's not. No. By by the car dealership, right? No, no, no. It's It's confused. It's further south. It's south of uh I don't want to get on a tangent about it, but I'm just saying that the the issue being that cars are using alleyways now as through streets. All he's doing is saying, you know, we're going to allow him to sell that or to buy that portion that that the city is abandoning and to privatize it

so that um in reality a cheater like myself could not use that as a shortcut then you shouldn't cheat. No. Exactly. [laughter] Well, Mr. Chair, well this my understanding is this particular alleyway is not being used for the purpose that you described the other. Right. Yeah. So, it it is not serving a public purpose and it can be abandoned. Thank you. Okay, good. So, cheaters beware. I'm sorry to throw a monkey wrench in there. No, no, no, no, it's all right. No, you didn't. I just No, you didn't. Um, Mr. McDermade. Oh, any any comments, sir? Um, [clears throat] well, one comment to

one comment to Mr. Wasserman. [music] um sitting here and listening to all of the conversations and etc. What are you going to use the this alley for?

So the goal is a future redevelopment tracked, but we really can't start on a master plan if we don't know if we own it. There's this alley is 15 ft and then the unbuildable parcel is 20 ft. So we have 35 ft in question whether we can site plan or master plan or sit down with staff and come up with a project. The goal here is ultimately to build a project. this area we see and and and staff can tell you there's there's three or four projects um being looked at in the budding areas having an alley system is a is a different question but we want to create activation at the street frontage is which is the very first thing I meet with Debbie on on any project so we don't know what our massing is we don't know what our footprint can be without this approval so this is step one to bring a project forward

but aren't you going to give a perpetual easement to your neighbor we can but that could be our that could then become our primary access point. Now that it's private and not an alley, we can widen it, make it appropriate for two-way. Right now, an alley 15 ft wide can't really accommodate two-way traffic and in and out. Now, it could become our driveway system and eliminate other curb cuts, which is, as Debbie will tell you, her staff's primary goal in activating street frontages. Gotcha. Got it. Okay. Um, that that was just a question. Um, Sure. But, um, no, I I support the project. I think it's I understand, you know. Thank you, Kevin. I apologize. I didn't know if you were finished with your questions if you want to add anything else.

Thank you, Mr. Chair, but I I'm tangent here. I support the project and vote accordingly. Thank you. Chair recognizes Mr. Bob. So, uh just uh so I'm clear um Miss Love. So the the alleyway would have been included in the sustainability project that we were discussing that you mentioned with how there were plans for the other alleys with you know bike access and the access.

Not in this case. Okay. Because it wasn't called out in our mobility master plan for any special treatment or protection. But if it is maintained, if it is kept, um we would at some point it would become it could become a cross access point to get to the train station. But because it's not laid out or protected um and it's not called out in the master plan for any sort of protection, that's the reason that we are letting it move forward. Otherwise, we would have recommended denial. Okay. Okay. Understood. Um that was the only thing I wanted to clear up. I have no other.

Right. Very good. Um so um um the chair um uh calls for a motion. So move for approval. Mr. McDerm moves for approval. Seconded by Mr. Cipher. Uh we'll do a roll call vote on this. Okay. Chairman Erns. Yes. For approval. Vice Chair McDermade. Yes. Commissioner each. Yes. Commissioner Scyed. Yes. Commissioner Bob. Yes. Motion passes unanimously. Very good. Thank you very much. Have a great We didn't have disclosures. Are there any disclosures to be made? We've got to take Yes, we skipped right over that.

Are there any disclosures? I was Excuse me. I just want to ask one question. I I'm losing my hearing and my vision. [laughter] Were we not supposed to um put that covenant in there for the um the other businesses or No, you No. Okay. I'm sorry. No, we just we concluded that's a private Okay. Thank you. agreement that will happen after title transfers. Okay. Thank you. Right. And that would be between two two parties, private parties

versus dealing with the city. All right. And Mr. or or counselor, um, do we need to make an amendment? Are there any? No. No. Just I wanted to just have a complete record and ask if there are any disclosures. Okay. At this point, chair asked if there was any disclosures that needed to be made addressing the item that we just passed. Thank you. Hearing none. Okay. item is is moved to Debbie that goes to council this month, right? Yes, sir.

All right. Very good. Thank you very much. Thank you for all of you who came forward to speak. Next item on the agenda um is again noting that we have table or we have continued item PC17-17. So, we're moving on to the next item, PC17-18. Um, this is an ordinance of the mayor and the city council of the city of North Miami, Florida, adopting amendments to volume one, goals, objectives, and policies of the city of North Miami 2045 comprehensive plan in accordance with the requirements of section 163184, parentheses 3, Florida statutes 2025 and chapter 29, articles 3, division 11 sections 3-12 uh parenthesis A and sections 3-15 through 3-11 of the city of North Miami code of ordinances specifically by amending the future land use I'm sorry I was looking at at another number to make sure that that was correct to increase the allowable height to 210 ft for certain properties within the Biscane Boulevard uh planned corridor development overlay district providing for an adopted u uh for adoptions, hearings, and subsequent subsequent transmitt of the proposed amendments and supporting data and analysis to the state landing land planning agency for determination of completeness providing for repeal

conflicts. severability and effective date. Um before I get staff report, I would like to ask if there's anyone that needs to make a disclosure on this item. If anyone has talked with the petitioner or anyone for against this item prior to this meeting none from the commission, we'll move on to staff report. Mr. chair. So because the next item is a companion item to this one, we can read them at the same time. We'll just have to vote on them separately. Okay. Okay. So if you can read

my understanding though uh uh from earlier discussion with um with the staff. Yeah. was that um if the this first item passes the second item automatically goes it does not so I missed an

all right

your mic your mic this off but vote separately. All right. So, if you would um we recommend that you read both of the the titles into the record. All right. Then you'll vote separately. All right. So, we're talking PC17-118 and PC17-19.

And and real quickly again, um the request for disclosure also carries over to this item. And it if you have had any discussion with anyone petitioners or the public on item PC17-119 um now's the time to let us know hearing none. I'll go ahead and read that item in uh to the record. BC17-119, an ordinance of the mayor and the city council of the city of North Miami, Florida, amending chapter 29 of the city of North Miami code of ordinances entitled land development regulations at article 4, division 3 entitled special purpose and overlay district, specifically at section 4-306 entitled plan corridor overlay district to increase the allowable height from 110 feet to 210 feet for certain properties within the Bisgane Boulevard Plan corridor development district in accordance with article 3 division 10 section 3-302 of the city of North Miami code of ordinances providing for repeal conflict serverability civ codification and for an effective date staff report please

once again for the record Debbie Love director community planning and development uh the first item is the comprehensive plan text amendment and it's pretty straightforward. The the this if you look at the description for this amendment to increase the height from 110 to 210, it says for within properties within the Biscane Boulevard PCD, but it limits it to properties that are south of 123rd and east of Northeast 18th Avenue. And the PCD actually stops at this particular parcel of land. So it's boxes in between Northeast 18th Avenue south of 123rd. And so the PCD actually extends this is the um all the way to Biscane Boulevard. One more parcel. So, the parcel directly east and that parcel uh that's labeled there, those are the only two parcels south of 123rd that are in the PCD. But this the ordinance further limits it to this height change to parcels that are east of Northeast 18th Avenue. So, this is only applicable, that's why it says certain properties in the in the title. So for the comp plan amendment um assuming uh approval by city council the next step is that we actually will send this to the state land planning agency which is the department of it's Florida department of commerce now they keep changing their name and within 30 actually now it's 45 days we would get a

response from the state as to whether or not they object or they're fine with it and then um we'll come back after that to bring it back for second reading. So after first reading assuming approval by city council we will send the the comp plan amendment to the state. Um and that's why you'll see on there on the next steps that the city council reading is TBD. We don't know when that will be. Um but once it is approved and transmitted back after second reading, it takes effect 30 on the 31st day assuming no appeals or no one files an appeal with state. So with that, I'll continue on with the LDR component.

Can I of course can I bring something up just to I I'm trying to um address the issue of confusion as to fact that it's called a text amendment.

Mhm. But act in actuality it the text [snorts] to me is a change in because of the fact that we're changing a whole element of of that from 150 ft or or yeah from 150 ft to 200 what is it 115 feet I've what is the current 110 ft 110 110

to 210. So I just want to make sure understand that it's fine to call it a text amendment and not an overall change of the ordinance because of the fact that we're changing a particular element in that that being the height requirement changing the text of the ordinance to so it's a text change of the ordinance that says from 110 to 210. So it is a text amendment of to the comprehensive plan. I understand. Okay. Yep. Would you like for me to proceed? Yes, please. All right, sir. Thank you.

All right. So, we'll take a look at the LDR again. It is for the same property and this is to modify article 4, division 3, section 4306, which is the PCD section of our code. Um, and in the Biscane Boulevard PCD that they're in, it currently is established at 110 ft and the request is for 210 ft. And again, it is specific to parcels south of 123rd and east of Northeast 18th Avenue. And that's it. And as you can see, the PCD does not go beyond this subject property that you can see here. Again, this is only affecting properties within the Biscane Boulevard PCD. Um and then uh question to you is are there other properties that could be identified um in the same area that would be affected by this change

other than this one particular parcel? No sir. Because if you look at the table in the staff report and I'll I'll go over that with you in just a moment. Let me pull it up, sir. All right. There's a table actually on it should be in your I just need to get to the right page for council for I'm sorry. Okay. So, if you go to page six of the staff report for the uh comprehensive plan amendment,

right? Right. You'll see that there is a table. No, that's not the right one, Jennifer. I'm so sorry. It's in the LDR's My apologies. [clears throat] Let me just find the right page. There's a text amendment of request on page three, I believe, that has the chart you're referring to

on page six of the LDR staff report, right? You'll see that there's a table there and this but the way that this is laid out and written there are no other properties in the biscane PCD that this would be applicable to because as I said let me go back to um the PowerPoint if you don't mind. Okay. If you go back to, let me back up. Same one. You'll see that the PCD and I think it might be in your staff report too. The PCD is only covers um parcels that starts at Biscane and then the second parcel is the subject property south of 123rd. Anything south of those properties, those two parcels are not in the PCB. anything west I mean further east beyond this subject property is not in the PCD. So this amendment only impacts essentially this subject property. So until if and when city council decides to extend the PCD, if they decide to do that further east, um then that would be addressed at that time as part of this um approval process, but it is not being proposed [music] at at this juncture. We're dealing with what is here today. And that subject property is the only parcel east of Northeast 18th Avenue that is actually in the P and south of 123rd that's in the PCD.

the rest of the properties south um uh other than the western property directly adjacent and then the PCD does go for north of 123rd but does not go south of these two sub of these of the subject property is that that no that's fine I understand okay thank you

welcome sir so let me go keep moving forward thank you for your time So my part my part is almost done here because the next step assuming that everything is approved by the comprehensive plan the second reading of the LDR is the because what would happen first reading of the comp plan like tonight and first reading of the LDR text amendment would be um the first reading and then the second reading because we have to wait until after we get hear back from the state on the comp plan amendment before we can schedule the LDR for second reading, but they'll run together throughout the process. But the LDR will be on hold until the comp plan is approved and then second reading for both will occur at the same time. Very similar to [music] anything that we do like that.

Certainly, I said, sir, for me, the applicant is here. They do have a brief presentation for you and um but I'm here to answer any questions and they are as well. Thank you. if they would like to come forward. Good evening. There are two of you. No, there three of us. Good evening, council member, commission members. Carla Jones.

Each name and address individually before they speak. So, I'll I'll start. You may give a your name and address, please, for the record. Carla Jones, council for Causeway Village, now known as Lamison, uh, which is located at 1850 Northeast 123rd Street. I'm with the law office of Carla Jones, PA. My address is 1125 Northeast 125th Street, Sweet TW 231, North Miami, Florida, 33161. And I have here the principal of Lamezone, Laura Tober.

Good evening. Good evening, Laura Tower, 1801 Northeast 123rd Street, North Miami. Um, good evening. Happy New Year. Thank you. Thank you. Good evening, sir. Hi. Good evening. My name is Jerome Sustra. Um, I'm with the architecture firm, Architectonica, at uh 2900 Oak Avenue in Coconut Grove, Florida. Thank you very much. I'm going to have Mr. Cesterra just do a brief PowerPoint overview of the the project for so you could see what it looks like. All right, you're up first, sir.

All right, I'm going to quick quickly click through the planning uh submission. This is a view of the project of the elevation on 123rd Street. Uh I'll go quickly through these diagrams and maybe just walk you through the images so you get a feel for the project and then I'll go back to the ground floor and explain the arrangement. [music] Um the the building this is a a roof plan. You can see it's a two tower project. A tower on the west and a tower on the east. They're connected at the base and then we've located structured parking to the south which is kept low for the neighbors. Um, this is a ground floor uh plan and I'll just click to this. Just give me one second. I'll go to this one just to explain how we circulate around the site. This is 123rd Street to the north. The typical car access will be from the sides which keeps the traffic away from 123rd Street and there's a shared drop off in the middle between the two towers. And we've lined 123rd Street with active use retail. And we've also put active use on the west uh side of the project. And we've kept the loading docks, the MEP side, in between the parking structure and um and the main project which is all internalized. Uh there's then a commercial space above that which provides cover for the pedestrian area on the 123rd Street. There's also some uh more commercial space with uh tennis and um pedel courts lined with some units. And then that's a double height space. Then this is a pool a pool deck area. And then the two towers thereafter um which are split to keep the massing. I don't know what this plan is not showing up. This is a section that explains the project

from go back to that next one before that. Am I looking at that from 123rd Street or is that from So this is a section if you see the key plan on the top left of the page. This is through sort of the middle of the site and it cuts through the two towers that are in the north south direction and you see behind that the tower that would be I have a view from 123rd Street which is this is the elevation of 123rd Street. Those are your

So there's retail on the bottom. Then there's that commercial space which is kind of a plinth for the towers and then the towers thereafter. Um this is a side view with the parking to the left and the towers uh to the right and that um commercial space below and then the retail and the glazing on ground on ground level. And this is the parking view along the southern the street to the south of the project. And this is the north um elevation, excuse me, the west elevation. This is a rendering of the 123rd Street view. This is a view looking towards uh the ocean. Um this is a nighttime same same shot. And then this is the corner of 100 the northwest corner of the property which has a public sidewalk and then it also has uh because of the flood u zone has elevated pedestrian access for the retail that's a couple of steps up.

I ask you how how much did you have to plan on going above the flood? It's it's one foot above the base flood elevation which I think the street is about five or five and a half. So we have to go at about 9 or 10. So it's about 4 ft up. Okay.

Above the um this is a view of the this is looking towards 123rd Street. And this is the street view looking west where you see the retail. You see the commercial uh space above which has provides some rain protection for the elevated sidewalk. And then there's a public sidewalk. I mean, it's all access publicly accessible, but there's a lower [music] portion for flood reasons and then then there's a street level sidewalk. Okay.

Good evening. Just just to add a a little bit from from the developer perspective, um the the reason that we're asking for the increase in height is to keep the buildings as narrow as possible. If you notice, the parking is in the rear and it doesn't go up as tall as the buildings. And that is because that is what as we're getting closer to the condominiums and the multif family in Sansusi, we wanted to be very respectful of that. Um the the elevation that you saw of the retail really activates the front. That's what people see. We want the walkability. We want people to feel that they can come from the sidewalk, continue towards Biscane as things become developed around the area. The walkability is great and the and the bicycles. We will we've committed to wider sidewalks um as we did in the in our previous entitlement. We're not asking for more density. We already have the density on the site, the units allowed per acre. It's simply the height to fit them so it doesn't look like a big chunky box that everybody's kind of staring at. We want to elevate the look while the city is being elevated as well with all this new development. And and that's the thought process behind this. Architectonica are they're extraordinary architects. We're very very proud that they are designing this project. And we the the vision that we shared that we wanted them to draw was to make it feel very light and airy, especially from the back where the residents are. And likewise from the front from our eyes as we see it, as we walk by, we drive by. And that's the thought behind it. Councilor.

Mr. Chair. Yes. So, just just a comment, you're not voting on that project, correct? All you're doing is voting for a height increase that could allow that project or any other project that fits within that height envelope uh to come forward on a cup. Understand? Right. And I believe she did address.

Go ahead and say it. As you know, as you all remember, they do have a conditional use permit already. So the the once this is approved, they have to come back to staff with these plans because we haven't this is the first time staff is actually seeing it because you're not voting on the project. They have to come back to us for a modification of their conditional use permit, right?

Because the the things the conditional use permit is tied to specific design um and height. She's not, as she said, she as as Miss Tobber said, it's not changing the density, it's changing the height. So, they'll come back with a new project. Um, and we'll look forward to assisting them assuming that this gets approved.

But to fairness to the petitioner, it it did help us reference the height issue and and the bulk issue that was would have been raised in questioning. So I, you know, I I I have no problem with with her addressing that. And um so we just want you to [clears throat] be reminded, understand it's not the project you're voting on tonight. This is a um

but it does give us a little bit more light into what 21 stories or how you can actually work to make it fit within the with what we would kind of expect from a developer in in our community. So that's basically um what I looked at her her mentioning that to course sir. All right. No other reason, counselor. Nothing further. Very good. Only if you have any questions.

All right. Uh, at this point, I'm going to open up the public hearing. Public hearing is now open. Anyone wishing to address this project, please come forward. Seeing none, I'll go ahead and close the public hearing. There's no need for a rebuttal unless uh um we can just go ahead and open up uh comments. uh to the commission. We'll start with Mr. Reach down on your end, sir.

I'm in favor of the project. I think it's an excellent [clears throat] idea. When I look around the boulevard, I look north of us up in North Miami Beach and 137th Street. I see a much taller building than uh 210 ft. And and I I always thought it was absolutely preposterous that we don't have 200 foot buildings in the city. I I I totally agree with this. I think it's in the ideal spot. U as the applicant said, uh the design is stunning and you know, this is the gateway to North Miami and I want to see something nice over there, something glamorous saying, hey, this is what we're about and and I I I just I think this is a good idea. I'm in favor of the project. Thank you.

Very good, Mr. McDermade. Um yes. Um, I think this is a really nice project and I like the fact that as uh Miss Tobber mentioned um that the redesign really fits better with the area and with the spot. I think the design is complimentary to the architect. Uh I think it's a wonderful design. I think it really fits and I think it's going to really attract more business and more attention to the neighborhood. So, I'm I'm in full support of it. Thank you very much, [laughter] Mr. Bob.

Uh, I simply put, I think it makes sense um because of the other construction that is close by. So, you know, you're kind of putting together the puzzle pieces to kind of create that look. I think I might have had some reservation if there wasn't the other project close by and then it was just this one that was kind of set in the stage, but I think it works. I I I'm in favor. Thanks, sir. Mr. Cipher,

I fully support the project. The design is is very positive. Sends out a very strong message for our city. I think this project is welltimed and should benefit our city over the long term. I support the project.

Very good. And my my remarks are I think you have laid the gauntlet down for a design that uh others need to live up to with what we expect in the city. uh based on the way that you're using the property uh allowing for the wider sidewalks uh the from what I could tell hopefully you will carry forth with what you showed us with landscaping which is a big part um the I have to say the design is is one of the better designs we've seen come before us and I applaud you and and and your choice of architectonia We sir are are very um um we feel u really privileged to have you become a part of our city. I don't know if we have any other uh architects architectural designs from your firm within the city. I would have to ask

but but I believe I believe this whatever we do but this one from what I've seen you know the sneak peek that we were we were given if if it goes forth the way that it looks tonight you know I I I I applaud your uh participation in in in bringing this project to to North Miami. All right. So, on this point, I'll go ahead and entertain a motion. Mr. Chairman, um I believe I have the numbers correct in PC17-118. I move approval.

All right. Now, we're going to uh vote on each item separately. So, this is a vote on U PC um 1711811 uh 8 eight. Um I need a So, there's a motion for approval. Do I have a second? Second. Second. Seconded by Mr. Reed. We'll do a roll call vote on this. Mair. Okay. Yes. In favor. Right. Go ahead, Mr. Secretary. It's okay. Chairman Erns, yes. Uh, Vice Chair McDermade, yes. Commissioner Ech, yes. Commissioner Ciphed has already said yes. And Commissioner Bob,

the motion passes unanimously. Okay, Mr. chairman in PC17-119. I move approval. Second. I'm sorry, who seconded? I did. Chief Each. Okay. The moved by Mr. McDermade and seconded by Mr. Each will be a roll call again. If you could please. Chairman Erns. Uh, yes. Vice Chair McDermade. Yes. Commissioner each. Yes. Commissioner Cyried. Yes. And Commissioner Bob. Yes. Again, this motion passes unanimously. Very good. Thank you very much.

It's a privilege to be before all of you again. Thank you. And uh we're going to build the most beautiful project. Really, thank you. And congratulations. Congratulations. And thank you all. I ask staff if there's any committee reports that we need to address. No sir. Uh any old business?

Just give I will be at their next meeting. I'm going to be providing you with an update on the LDR schedule. Um, we just received a set of draft LDR update um for staff review and I have a new schedule and I'll at our next meeting I'll present the new schedule for the LDRs including when it's going to roll out to the public after our initial comment. Very good. Thank you. Thank you. Uh, new business. No, sir. None. Hearing none. Um, we'll call for adjournment. Wait. Oops. you councilman would like to say something.

Oh, under new business, may I recognize [snorts] the councilman under new business? I'll I'll go ahead and good evening. Good evening. How you serve? Happy New Year. Happy New Year. And um I just wanted to stop by and and just say a few remarks for you all because our boards um go unrecognized for all the work that you guys do year in and year out. It's been a long time since you've been given a thank you. You definitely don't get it at council meetings. Well, well, thank you, commissioner.

And we don't mean to overlook what you guys do. Um, it is so important. The planning commission and the board of adjustment to me are the two most important boards in our city because a project doesn't get started if you don't appear before either one of those boards. The city doesn't move forward if they don't come before you. And every month you guys are board members are willing to spend your time to go over this stuff. And it's just not a matter of one or two hours here. It's reading the packet. It's understanding it. It's the site visits, looking getting a feel of what's going on. And this board has done tremendous work. Um, and some of our other boards are delaying progress in our city because they can't get a quorum together. I know we all have lives. We all have stuff to do. Um, and it's hard. Um, and so often some boards get cancelled at the last minute and the planning commission is consistently meeting. You guys are consistently meeting all the time. Very rarely do you ever get a delay. And I know that you understand, but some of the people don't understand what it takes for an applicant and what it costs them to appear before you. Excuse me. They pay a lot of money to get here. They pay the advertising fees. They get paid. They pay the notifying the residents in the surrounding areas that they're going to appear before you. And when that item gets delayed by a month or two months for us, it might only be 30 days, but when you delay it with board of adjustments or other

boards, that's time is money. They can lose out on financing. They can lose out on so many other uh conditions that we will never know about. That seems not to be important to to some people, but it's very important. And I just wanted to make sure I came by. Thank you all for the commitment that you make to be here every month and you take this stuff serious. You guys ask serious questions and you voice your concerns because again as I said nothing moves forward, no new development, no redevelopment, no nothing unless they appear before you all or board of adjustments and staff puts a lot of time and effort under staffed departments that we have that don't have the the amount of staff that they need to really accelerate even further. there. But you all are the backbone of of the development of the city. And what's interesting is you go back and look at some of the projects that you've approved. Some may have been liked, some may not have been liked, but if you take overall what's happening in the city, it's pretty it's pretty neat. It's really seeing our city come come alive. And on this particular project that you guys just spoke about, it's an amazing if that actually happens that um we'll have a building of that quality. If you go out and look at Solomia, they're building some really amazing stuff that they're they're the future uh that they plan on it. But again, just want to wrapping it up. Just wanted to again say thank you. you're appreciated um for the work that you do and um just continue to do the great stuff going forward u for this year or however long your your term lasts and um um be patient with staff um because they're they're under a microscope for every single thing that um that that they have to put forward.

So uh again, thank you all for your uh your time and your commitment. also the legal staff on both sides. Um Gary, keeping us um in line or keeping your board in line and keep making sure they don't get in trouble. And you never hear of the planning commission getting misststepping on on anything. And our our great legal in-house legal team does a good job at that. So again and again, as I say, I can't say it enough. You all are appreciated and thank you for your time. Kevin, we thank you for the remarks. Appreciate it very much. Okay. Thank you. You know, one of the one of the reasons that the city's going forward now is because Kevin was very instrumental when he was mayor to change the charter.

If you recall in our charter, [laughter] we can only go four stories and we changed that charter. We had to Yeah. All right. So, um again, I'll call for German. So, moved. All in favor say I. I. I. We are home. Thank you so much, gentlemen. We really appreciate your time tonight. There was an affair at the club tonight. He didn't tell me anything about Sweet Kings. I thought he wasn't going to be open on Sunday.