Planning & Zoning Board - Regular Meeting

Recording in progress. Sherry said she would make it.

Three.

Hey, Heidi?

Yes, yes, yes. Well, someone known as a person at the bar. I'm excited. It's a good company, too. I was literally raised on it. So, and I show up.

They can read, since these are the same, basically, I don't know.

I saw Carly's again. It's true, you can take me to Carly's as well. And actually, we're going to go over non-presentation experts

Do you really need the dog and pony show?

We can go, yes, yes, yes.

I'm ready to do that right now. All right, cool.

If Heidi allows you to.

Whatever Heidi says is best.

Okay. Yes.

4A is just the ordinance, right?

Correct.

Sherry's walking in and then we'll start. We'll go rapid. We love rapid. Sherry, we need Sherry. We need a quorum.

Yay, Sherry. Yay, Sherry. All right, I'm going to call this to order.

I'm going to call this to order. If everybody could please rise and join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America.

Board Member Abramson. Board Member Lozada is on Zoom. Board Member Murphy.

Here.

Board Member Vice Chair Gonzalez is absent. Chair Shaw.

Here.

We have a quorum.

Can I get a motion for the minutes, the last meeting? motion carries all right we have three items tonight i'm going to move very quickly i think we're going to start on 4a

mr chairman yes if we can start with 4a um the reason being that it informs the other two items so if you'd like in the interest of time i'll go ahead and get started um our village planner is on his way and we'll be joined he is um on zoom but he will be joining us in person in a few more minutes um 4a is an ordinance of the mayor commission of north bay village florida amending section 8.11 Use exceptions of the Unified Land Development Code to provide for temporary use setback modifications, providing for severability, providing for codification, providing for conflicts, and providing for an effective date. Mr. Chair, this is an ordinance to amend the code. As you may recall at the last meeting, I mentioned that our code does not allow for variances on temporary uses. So in the interest of time, we've taken this ordinance seriously. to commission on first reading and we're bringing it to you between first and second. Nothing has changed since the time it was presented to the commission. I'm happy to answer any questions, but effectively what this allows is that when an applicant comes in to request a use exception for uses such as the ones you'll be hearing this evening the village commission as part of that approval uh can look at the application and and make adjustments to where um a sales trailer a construction trailer is going to be placed um and make requirements for buffering enhanced landscaping and reduce the impact on adjacent properties and that would be done not as a variance it would just be done as a modification as part of the overall temporary use review quick question what is the the time frame for temporary so It's tied to the approval, so some uses get 18 months, others get a longer period of time. You have some of those examples later on your agenda this evening, and those are set by your code. These temporary uses, it has to be during active construction for what we are requesting in this ordinance.

Okay. Any other questions? Any questions from the audience? Anybody on Zoom? Okay, audience, questions closed.

And I don't know if the village planner has anything to ask or add, but if not, a motion is...

I make a motion to approve the amendment.

I just want to make sure that I understand it completely. It's simply giving the commission... It's modifying the code to include temporary structures.

It's allowing... So... Without going through a variance process. So right now, if you have a construction trailer, for example, that you need to move from, you need to place on a portion of your property and have that construction trailer, but still allow the construction of the actual building to go up, you may need to be within the setback area to have your construction trailer there. What this would allow is that instead of going through a separate variance process as part of your use exception application, because it's a use exception application that comes in for that construction trailer or a sales trailer, the village would review it and say, okay, you're within the setback area, which otherwise you wouldn't be able to be within the setback area. But because it's a construction trailer or sales trailer associated with active construction, We will allow you to have it there subject to these conditions. You need to have buffering, you need to have additional landscaping, things like that, and mitigate the effect on neighboring properties.

So that's what I'm thinking, more like the effect on neighboring properties. Is this in any particular zone or this is village-wide?

This is village-wide.

In the T6, it's up to the manager's discretion. Okay.

The applications for use exceptions go through an administrative process for warrants. Yes. So like Shoma's didn't come to the commission. That was done administratively. That's correct. Thank you.

So I'm just thinking like in the single family homes, like this is somewhere where I could see this creating a disturbance or becoming a nuisance to a neighboring, let's say, single family home.

So I'm not sure that you would have a construction trailer or a sales trailer on a single family home.

This is only to do with construction trailers and sales trailers. Is there enough language in the code that carves out only those two?

Think about, Sherry, if you want to go renovate your house or put a second story on, it might work for the trailer and it might encroach into the setback area. So you have to, for this, put at least some type of buffer, but maybe make the side of the train free and then allow it to sit there until the construction's finished.

No, I get it. Like best case scenario, it's no problem. But I happen to know that there is an issue with active construction with the construction team sitting on the side of the property smoking cigarettes directly next to Vogel Park. So, I mean, if you think like it's just as simple as putting a sales trailer or construction trailer somewhere, there actually are instances where this could create problems. Like that.

Somebody wants to smoke cigarettes, they're going to just sit there and smoke cigarettes. Which is exactly what's happening. That has nothing to do with the sales trailer.

But I'm saying like if that's where, if you're allowing for the sales trailer to be next to, for example, the park and they're just going to stand next to the trailer and smoke cigarettes and create a nuisance to the neighbor, whether it's the park or not.

I would like to add some feedback. I'm sorry. I have to support her on this. I feel as if there needs to be perhaps a guideline or some sort of structured, again, guideline in terms of where it is acceptable for construction staff to take breaks, smoke their cigarettes, or do whatever it is that they're doing. with all due respect, but it shouldn't be at the cost of inconveniencing the residents or residents having to deal with the toxicity of whatever else is going on, right? We're trying to facilitate processes in the growth of the island, which is what's occurring. That's just my input. And I do want to clarify.

I don't think this variance is in charge of regulating how people smoke cigarettes or do whatever they do on their break. It's basically how the trailer or sales center is set up in the position. I mean, if you want to regulate people, I think that's a different conversation.

Oh, and I'm not saying regulate people, but there should be a standard of, okay, so if there's a break area, which in most corporations, right, there are, There's break areas. There's areas where you can smoke and can't smoke. Even within condominiums, there's a standard of footage of where you can't be within a certain footage of the building for smoking or other relative breaks. It's something we should consider, right? It's something we should consider creating a standard around. That's all I'm saying.

So we can certainly consider that as part of in preparation for second reading. And if you have a recommendation, we can include it.

I do want to remind the police department, you know, now there's residents complaining to the police department, they had to go out and say, like, be a kind neighbor, let's not smoke in the park, you know, that kind of thing. So, you know, like, if we could just kind of get ahead of it so that we're not, you know, wasting the time of the police to kind of

know absolutely um and i do want to there these applications come before this board as well as the commission right um if it's an rm70 so as the mayor clarified in t6 it's not coming it's it goes it's through an administrative process in rm70 it's going

to come to two boards you as well as the commission and so these concerns that you are raising um would be addressed as recommendations coming from this board and the commission and it would be a condition of approval the only other thing is like in a sales center if they're having like a party to you know to launch or whatever you know if they're if their sales center is within the setback and then you know there's noise for music etc you know after construction hours i would imagine You know, maybe that's something else to consider. I mean, there's, you know, infringing on the setback, I understand it's necessary in some cases. Maybe mitigating their nuisance factor.

So there was a motion, but I haven't heard a second.

I'll make a motion again to approve the ordinance. Your mic's not on.

Oh. I'll make a motion to approve the amendment.

I would like to second it, but with conditions. I want conditions to reflect the fact that we're concerned about the boundaries, right? So I believe boundaries need to be set.

When you say boundaries, you don't mean physical geographic boundaries. You mean conditions to mitigate the effect on neighboring properties? Yes. Okay.

I'll second. Thank you. Oh, she's the second. She's second, okay. Third? Okay. And then we're good to go. Vote, vote, vote, vote, vote.

Board Member Murphy?

Yes.

Board Member Lozada?

Yes, with the, you know, conditions.

Board Member Abramson? Yes. Chair Shaw? Yes. Motion carries.

Your next item is 3A. I'll go ahead and read it. This is a resolution of the Mayor and Commission of North Bay Village, Florida, approving with conditions or denying an application by Pacific and Orient Properties LLC to permit a temporary sales center trailer at the property located at 7918 West Drive with a front setback of zero feet where 25 feet are required and a side setback of zero feet where 15 feet is required. um providing for findings providing for conditions and providing for an effective date mr chair if the board has any ex parte disclosures if anyone has had discussions with the applicant or others related related to this application now would be the time to disclose them if there are none we can move on with our village planners presentation which i'm sure will be brief and then we can hear from the applicant open for a public hearing and move forward And as Craig pulls up his presentation, I do want to clarify that the ordinance that you just made a recommendation on, the process will be the next steps. That ordinance will go to second hearing at the May 19th commission meeting. The two applications that are before you this evening will also go that evening. And so it'll be in the same order. The ordinance will be considered first and then these applications. These applications depend upon that ordinance being adopted. And I see no reason why the recommendation that the board made would affect sort of the order, but I just want you to be aware of what the process will look like. Bye, Craig.

Good evening, Chair and board members, Craig Pinder, Village Planner. So the application request before you today is an approval of a temporary sales center. It is a single story structure with associated pedestrian access ramps. It is proposed within the side setback and the front setback areas. As explained a little bit earlier, the sales center will operate during standard business hours and is anticipated to be a low intensity short term use. they'll be along the east side. And I'll show that in the site plan coming up. So this is an aerial view of the property with some general information. Some background on the project, the site has an approval for 54 unit condominium that was approved in 2017 construction did initiate on the site was paused and that was continuing and the use exception request for the sales center will support the activity of sales. The request is to reduce the side setback on the, sorry, the south side of the property from 15 feet to zero. And the request to reduce the front setback from 25 feet to zero. And the applicant states that this is the minimum request, the minimum reduction needed to accommodate the construction trailer and not to have any conflicts with the construction operations. And as stated earlier, the ULDC does not provide a process to allow the reduced setbacks at the moment. However, there is an amendment that the Village Commission is considering and will be heard again at the May 19th meeting for this second reading. On your screen are the proposed elevations of the construction trailer. And on your screen is the site plan. And just to correct, sorry, it is on the south side of the property. The southeast side of the property. So north is pointing to the right of the screen. And I've highlighted the area in red. As you can see, the construction trailer is also or the sales trailer is also proposed to encroach into the right of way within the parking spaces. And the applicant has been in communication with the village manager and the village manager has expressed interest. approval of that condition contingent upon approval of everything else that's required with the use exception including approval from the planning and zoning board and the Village Commission and all building permits with that I'll point out with the compliance it mostly complies however as we know it does not comply with the front and the side setback requirements And with that, the division recommends approval subject to the adoption of the proposed ordinance, as well as the conditions provided in the staff report.

Does anybody have any questions?

Is there a presentation or something? Is someone talking from the audience?

I have a question. Is this temporary during construction only or?

So it is temporary. It will have an expiration of 12 months, and it will be able to be renewed up to a maximum of two times for two additional 12-month period. So at this time, it is temporary during construction.

But it has to be active construction.

It has to be active construction, according to the ordinance, to have the setback modifications.

So what's the longevity plan?

They're giving them three years.

Three years. Okay. Thank you.

I think your mic is, you just touched the button.

Thank you.

Good evening, Chair, board members, Lauren Kahn with offices at 1450 Brickell Avenue, Bills and Sundberg, I'm joined by my colleague, Brian Adler. I'm also joined this evening by Anna Aram and Ben Bittner of Bayshore Grove Capital, who is related to the property owner. Staff gave a pretty thorough presentation, but I just wanted to address maybe some of the concerns that I've heard with. Some of these graphics you can see, this is a picture of the left is an aerial of the property. It's outlined in yellow and to the north is a park. The proposed sales center is going to be located on the south of the property, so not adjacent to the park. You can see that also in another one of my slides. I'm not giving a full presentation, but I'm happy to answer questions.

Sure. You said that ownership representation is here?

Yes. Yes. Anna and Brian Bittner.

So, you know, it's unfortunate that we even have to talk about it, but this is the property that is becoming a nuisance to the park. And I'm sure it's without your knowledge, but the construction team is smoking alongside the barrier of the park. And even, you know, we had to ask the police department to ask them just to kind of step away. So, you know... I would recommend that there's like a strike system, no different than like it was short-term rentals that are a nuisance. You know, if this is a zero setback, which is... I think problematic for this property that we're looking at for any reason.

It's not even on the side of the park.

No, no, no. For this neighbor, though. I mean, without any setback issues, they're already a nuisance to people in the park.

The people in that building are outside smoking in the front of their own building.

No, no. I'm not saying with smoking. For any reason, I think if there's complaints, then I think that they work on a strike system. And if they can't... manage their construction and what's going on there without bothering the neighbors, then I think the zero setback is revoked and they have to figure out their sales center elsewhere.

First of all, we're having a conversation about where the sales center's position, not about the workers smoking cigarettes. It's all the same. It's not.

They're not managing the property nicely now.

It's a different conversation that the city needs to take up with them. They can go across the street to their parking lot and smoke, but it's a different conversation than what we're supposed to be approving.

I think the employer needs to set some boundaries, but I also agree that We, as a board, are focusing on the impact of the construction, right? And that should be our focus.

Right. And if allowing a zero setback on, you know, it looks like it's where their trash area is anyhow. What is that little...

The trash right there that you're seeing is the trash for the apartment building. Right. That's for the apartment building that's there, not the construction. No, I see it.

I see the image.

If the sales center was there, not even there, you would still have the smoking issue.

No, no. Smoking aside, I realize that it's going it's backing up to their trash. OK, so but I'm saying that I don't you know, for any reason, if having, you know, an allowance of the zero setback becomes an issue for, you know, this building, then, you know, code compliance is going to get called. Orlando is going to waste his time, you know, keep going out there and all this. I think that I think that there should be a strike system. Because this isn't just something that's a zero setback. It's not something.

So you want to make a motion with your strike system.

How can there be buffering on zero setback anyhow?

There's zero setbacks in a lot of cities. I mean, there's a lot of zero setbacks. All you're asking for is a sales center to be on a zero setback until they finish construction. Which could be three years. If you want to make a motion with your strike system, make it so we can second it and move on.

Well, my other question is they're still paying for the parking spaces, yes? So that those parking spaces would still have to be paid for for the entire time that the sales center is there. What was the rate?

Do you want to tell anybody now?

Per space?

Thank you.

I mean, I'm okay to approve it with a strike system. I think this might, I don't know that this gives Orlando a headache or not, but sorry, Orlando.

I'm sorry. Is there a motion? I may have missed it. I apologize.

So I just want to just a point of order here. I don't know if the applicants council has completed her presentation and we do need to open this for a public hearing. And then if anyone is going to speak, please come up to the microphone, provide your name and address.

I'm going to wait till Sherry was done with her questions.

I never know when I'm done. I think I'm done.

Does anybody have any questions they want to come up and ask?

Can I address at least the comments that were made?

Sure.

In terms of the strike system, our concern with that is that a complaint can result in shutting this down when there's probably not a way to verify a complaint. So although we're committed to providing a safe construction situation, we have concerns about a strike system where if the police are called, that can't be the end all.

So Orlando would have this information better than I would. But from what I understand, that they do have to come out and verify that there is a legitimate complaint. whether it be, I don't know, like I said, Orlando would know better.

Can I ask a question? How is this involved in planning and zoning? I don't understand. This should be a simple motion that they approve. We're not the police. We're not code enforcement. We're planning and zoning.

I have to agree with you, sir. I believe our focus needs to be on the planning and zoning voting component, the management of staff, is a staff concern and boundary concern that needs to be set by the employer.

So if somebody wants to, first of all, we got to make sure there's nobody else that wants to come up and speak on this issue. Nobody, is there anybody on Zoom? All right, I'm going to close out a public comment. If anybody else doesn't have any other questions, then we can make a motion, but I don't think we're in the policing business.

I just have a couple of questions. Are you getting approval for a construction trailer or a sales trailer? A sales trailer. Well, there's a construction trailer there now.

And there's, sorry.

right I think there was a construction trailer no it's still there

I think it looks like it.

It is a construction trailer, but you want to make it a sales center, right? Correct. All right. Well, my suggestion is you need to change the exterior of it and actually put sales center a sign or something because there's nothing there. Right now, it just looks like construction. So that's my... Right. We appreciate it. The owners might want to respond to that, but... There's no indication that it's actually a sales center.

Right. Understood. We appreciate that feedback, and that's something I think we can address.

Okay. Mr. Chairman, I know you closed the public hearing portion, but I don't think the applicant has completed their presentation.

Oh, okay. I'm sorry. Say what?

She hasn't completed her presentation.

Oh, sorry.

Um, given the thorough presentation by Mr. Pinder, I don't think I have anything to add. But I'm happy to answer questions.

Questions?

No questions. Thank you.

Now we'll reopen public comment. Just put some signs of the sales center. Put something up there because you can't tell.

Great. You're good.

Thank you. Hopefully we'll see a nice decal that says sales center on that.

And pardon me, if I may, Brian Abbott, for the record, Bills and Summer, 1450 Brickell Avenue. And we appreciate the comments, and we do agree with you. It should not be part of a motion. Out of respect for the questions and the concerns raised, though, Brian Bittner would like to address, because he does want to take care of the concerns that are raised. If it's appropriate, if he may address the board, because he does have a solution to address the concerns. We, again, do agree it should not be part of the actual motion, but he does want to share his concerns. his solution for what's going to be done.

I think that'd be welcome to ease these concerns up here.

Hi, I'm Brian Bittner. I live at one, one, two, seven, five, Biscayne Boulevard and North Miami beach. In order to address some of your concerns, number one, the signage, sir, it was explained to me by planning and zoning that I couldn't put signage on the trailer. And that is in the portion of the right of way. So therefore, we do intend on putting a sales sign there, but it's just going to be a directional sign that's on the outside. Can't technically, that I'm aware of, put anything on the building that is in the right-of-way, the portion of the right-of-way.

You can't put some sort of, you know, make a... A hung sign, I believe, is an agreement with Planning and Zoning, but... Not a hung sign, but make... you know, something on a cloth or something and apply it to the trailer. I've done that before.

Sure, absolutely. Absolutely, we can do that. And we've addressed the exterior of it by we've put granite stone on the exterior of it. We're in the process of adding some landscaping that isn't part of this presentation to make it more appealing to the area as well. But I also want to address the smoking issue. Now, I'm on site every day. I'm an ex-smoker, so thank God for that. But I understand your concerns in regards to the smoking. Now, we pay a good deal of money to rent the lot across the street, and I will make it my point, and I will send a directive to the contractor in the morning that nobody is to smoke anywhere except for in the lot across the street that we rent.

Thank you.

And I will copy Mr. Rowlandson on that and Mr. Pender on that.

Thank you. And I apologize. I was looking at the docs. What is your name again?

I am Brian Bittner.

Okay. And you're the developer?

Yes, ma'am.

Okay.

I actually own as rep for the developer.

Oh, okay. Owner's up. Got it. Thank you. Because there's in the chat where the smoking issue came up. I'll just reference.

No, but I noted it. And it's one of my pet peeves as well. We fight the issue of smoking. We fight the issue of where they eat everything. And we've thrown people off the site before because of that. I appreciate it. And in addition to that, I also want you guys to realize that while we are in construction and we have a crane operating, We have one policeman that is on site all times during the day. If there is a call that comes in, I would imagine that that officer could assist in taking care of that issue as well.

They have, yeah.

All right. Just wanted to bring that to your attention.

Thank you.

Thank you.

If I may, Brian, I'd like to ask the question. So is there a standard protocol in writing that your employees, your associates have to sign to say, we have to abide by this protocol? And that's a suggestion. It's not our business. I'm just making the suggestion.

I know that we have one in regards to safety. We have one in regards to smoking and where they eat. But the smoking does not dictate anything outside of the property lines, which now it will.

Thank you. Thank you for that.

You're welcome. Thank you, sir, for addressing us. I appreciate that. They appreciate that.

Okay, I'm going to open this back up. If there's any other further comments, anybody want to come up, speak? Anybody on Zoom?

No one on Zoom.

All right, I'm going to close that. Does anybody want to make a motion too? Can I make a motion or have them make a motion?

I'll make a motion to approve.

I second.

There we go. Roll call.

Board Member Murphy? Yes. Board Member Lozada?

Present.

Board Member Abramson? Yes. Chair Shaw? Yes. It's unanimous.

All right, 3A. B. 3B.

3B is a resolution of the Mayor and Commissioner of North Bay Village, Florida, approving and approving with conditions or denying an implication by 7940 NBB Partners LLC to permit a temporary sales center trailer at the property located at 7938 and 7940 West Drive with a rear setback of 15 feet where 25 feet are required and a second side setback of 0 feet where 40... are required providing for findings providing for conditions and providing for an effective date uh Mr chair and board members if you have any ex-party disclosures on this application now would be the time to make them if there are none then we can proceed to Mr Pinder's presentation

Thank you. Good evening again, chair and board members. Again, similar to the application we heard before, this is a request to approve a sales center and actually to relocate an approved temporary sales center, single story structure with associated pedestrian access ramps. And it is proposed within the second side setback and a portion of the rare setback. General information and location of the property on the screen. Again, a little background information. This site was approved for a 70-unit development. That will be 312 feet tall. Approved on September 28th. The use exception was approved on May 14th of 2024. And on December of 2024, they received approval of a few variances. The request is to reduce the second size setback, which is the view corridor from 48 feet to zero feet and reduction of the rare setback from 25 feet to 15 feet. And again, as mentioned, this is currently going through an amendment with the Village Commission. That'll be heard again on May 19th. And on your screen right now are the proposed elevations of the temporary sales center. And this is the site plan showing the location along the south property line. So this one is closer to the southwestern edge of the property. again it does not comply with the setback requirements of the rm70 sony district as discussed and as staff recommends approval contingent upon the adoption of the proposed ordinance as well as the conditions outlined in the staff memo questions graham you want to come up and show us your um sexy site plan boards over there

Briefly, I'll ask if you could put up the site plan. Good evening, everyone. Graham Penn, Burke-Haberdow, Fernandez, Larkin, Tappanus, 200 South Biscayne Boulevard. Let me be very brief. This is an application of necessity. We are a week away from the groundbreaking of the Pagani residences, which we're incredibly excited about, but we have not completed sales yet. So, as Mr. Pinders explained, the quirk in your code is that your code subjects temporary structures to the same setbacks as permanent structures, which means that I could not build my project and have a sales center on the site at the same time. This is a very attractive building. We are just relocating the beautiful old sales center that's been there since it was constructed to the corner. We're pushing it back almost 50 feet from the front property line. That portion abutting us of space or one is essentially a very tall pedestal where they've got at least 30 plus feet of nothing on that northern frontage. So Again, it's going to be 100% a sales center. This is not going to operate as a construction trailer. So we have no interest in dirty boots activity anywhere near the sales operation. So it's going to continue being the same high class building and operation as it has been since it was constructed. And so we would ask for your approval tonight. The one thing that I would note, staff's recommendation regarding duration. Staff has suggested that the duration of this building be limited to a year. We... are hopefully we will be done with sales but in the event that we're not what i would ask for is a recommendation to allow us up to two years uh or the earlier of the completion of sales or 24 months that will give us enough headroom to um to operate and again this is not going to turn into a construction trailer once the sales are over we can safely remove it and continue the full development so It's, in our opinion, setback, not an issue for the public, not an issue for our neighbors, and it will retain its same high-quality look as it does now, except it's going to be on the southern edge of a construction site. So with that, we would ask for your approval with that modification to that condition. Our team is here in case you have any questions for us.

So it's my understanding they can renew two times for a total of 36 months.

That is correct.

The draft order proposes that because this is pre-existed, that I be limited to a year. So that might be enough time, but we need the flexibility to give us up to two. So we would agree to allow up to two and no more or the cessation of sales. If sales are over, we'll remove it.

And just to clarify a little bit, so the original approval was back in 2024, and still they have one year left on that 36-month maximum.

So that's the genesis of the condition. And again, if we were done with sales, it would already be gone, but we still have to finish it. So it's an application of necessity in two ways.

I mean, I've seen it. The construction is beautiful of it. The landscaping is also beautiful. So, I mean, I commend you guys on doing a nice job of, you know, building a beautiful sales center there. What?

I like the smile.

I believe that's the highlight of this evening.

It looks pretty white. Does anybody have any other further questions? Jocelyn?

JoLynn, no.

I didn't mean to put you off.

Yes, Ryan, I'm finished.

Does somebody have a motion?

No, how do we address the extension?

Can we make the motion? I'm fine. I mean, look, the construction's going to be going on for at least two years.

Can we end that as a condition to increase... Up to three years?

Up to 24 months, Heidi.

So that would make it 48 months.

Yes, that's the proposal form.

That would be 48 months.

But it's not all the property for this first year.

This is essentially a re-approval of it at this point, technically. But yeah, that would be a modification to paragraph five of the commission.

Even if they have to do an administrative filing of a document, I mean, it doesn't need to come back here. I think it should have the 24 months.

Make the recommendation, and if there's any issues, we'll address it with the commission, but we'll certainly have it as part of your recommendation.

I make a recommendation to increase the time to 24 months after the initial 12 months because the building will take that long to build it.

I don't think...

Oh, I never say no to more, but I'm only asking for a total possible extension of 24 months.

Okay. I think 24 months is reasonable. I think anything over that needs to be revisited when we meet the 24 month mark.

And again, not to belabor it, we have no objection to it being the earlier of the cessation of sales or 24 months.

I think we're talking about two different things. I think we should, I'll make an approval for the setback. I'll make a motion for the setback. But I think the extension is not something that we need to address now. And it's probably something that should go through commission.

Well, sure. The only reason I'm raising it is that it's a condition of the draft. There's no reason for us to come back. I mean, that'd be wasting people's time.

I don't think it needs to come back to us, though.

It's okay.

So just to clarify a few things. If they were to make a separate application for a new use exception, I'm not even sure how to frame how it would come back. But let's just say it would come back as a new use exception.

To give them more time?

to give them more time than it would come to this board and the commission. And so I think what they're trying to resolve is that. To be clear, Mr. Penn, you're looking at staff report condition number five.

Correct. It's the same thing in the draft for SO.

Okay. It's just I have the staff report open. So you're looking at changing the outside date of May 14, 2027 and making that 2028. Correct. Okay.

So who's motioning for what Heidi's writing down?

So a potential motion could be to approve.

I'm not that literate, so.

You could entertain a motion to approve the resolution with the conditions as presented by staff with the amendment to condition five relating to the expiration and that it would cease upon the earlier of the sales center sales concluding or the outside date of May 14th, 2028, whichever is earlier.

Okay, so can I just say yes, what you said? So moved.

And yes, I'm sorry, I'm driving, so yes.

Okay, so you're seconding it, Jocelyn?

JoLynn, yes. And just to be clear. Not Jocelyn, JoLynn, just to be clear.

Drive carefully.

If you can just open the public hearing.

I was thinking that as I was saying it. Does anybody have any public comment on this? going once. Anybody on Zoom?

Yes, I think, yes.

Oh, sorry, sir. Come on.

Come on, Rabbi. Sorry.

Good evening. Yes, sir.

I'll identify myself. I'm Alan Weiner. I live at 7941 West Drive across the street from the subject property 7940. And I have a lot of questions. I don't really have any severe issues with moving this sales center. I do have an issue as to whether or not they're going to keep it there after they start commence the building of the project. If the times coincide or not, I'm not sure. But my main issue, and it doesn't really directly regard this particular issue, but how are they going to stage this building and what other exceptions are they going to be looking for regarding the effect on the residents in the building? in the neighborhood. So far we're dealing with, of course, the Tula project and that's, you know, they have the lot across the street, but they don't have this luxury in this particular situation. So with the traffic coming out of Moda and the amount of people that are congested in this particular area. There are no parking spaces. And I'm assuming that they're going to take a part of the parking on there, at least if they're going, if they're looking for a zero side setback and a 15 foot, I guess, rear setback. I just have some serious questions as to what the quality of life is going to be because, you know, people are coming to us now they want to buy our building. So now if there's two buildings and they're going to stage two buildings across the street from each other, I just don't know how it's going to work. And I know this is probably not the most appropriate time to ask these questions, but I've been waiting for an opportunity to do so. So I think this is the place, an early enough start to talk about this, what the effect is going to be for the people in the neighborhood. Because we're faced with, you know, I'd like to stay here for as long as I possibly can. But at this particular point, I can't see how it will be livable when they commence the construction. I have no problem with that. I mean, look, I understand progress. But I'd just like to have a practical idea of what I'm going to be faced with during the onset of this project. Thank you so much. Thank you so much.

Who would have an answer to that?

Mikel, you want to come up and you can address that? Yeah.

Hey, how you doing? Mikael Hamawi, developer of Pagani Residences. So thanks a lot for that. Obviously, listen, we very much, I think, share the same desire to, one, complete this project as quickly as possible and minimize disruptions to the residents and everyone who lives in the area. So in terms of staging, yes, it's certainly going to be more challenging for us to stage because we don't have a lot across the street, but projects all over South Florida have been developed on far smaller lots at the end of the day. That's kind of logistics that our GC is going to figure out and has no choice but to figure out aston martin was built on a tiny lot with the sales center with far less space so um you know there's no you know we're also in talks right now actually with the city to rent potentially a lot or with other private developers that own sites where we can actually have the gc's park and we would just have a bus shuttle them over the site so we're not using any sort of parking um street parking or anything of that nature in north bay village so there's a lot of different ways i think for us to address how we get workers over to the site where we're not necessarily having them park their cars. And then that frees up obviously a lot of space on the site for staging purposes. I think that those were the main, main concerns, right? Funny enough, actually, I think we literally put it on three days ago. If we could rent the barge to correct.

Hey, sir, sir, we got to have you on the microphone and you already did three minutes. So if you want to come up and just ask him one more question on the microphone and I'll let Mikel answer.

I think he just has a question of if we could rent the bar.

How about this? If we could just rent this. We're all good. OK, so how about after the meeting, you guys connect and you guys can have coffee.

There's, you know, Kyle right over here.

Sushi Erica. Is there any other questions out there that anybody else? Zoom? Anybody else on there?

No one on Zoom.

All right. The comments are closed. I was kind of curious on that question, though, for a minute. Graham, I think we're done. Yes.

We can also have coffee. Cal and Sushi Erica are right there.

Sushi Erica's open. We can vote now.

You have a motion and a second to approve with the conditions as recommended.

Board Member Abramson. Yes. Board Member Gosselin.

Yes.

Board Member Murphy. Yes. Chair Shaw. Yes. It's unanimous.

Anybody else have any other questions?

Thank you so much. It's been a pleasure as always.

Thank you. I'm adjourning the meeting. Thank you. Thank you. Thank you.