Hi. Are we ready? Meeting will come to order. Good evening. Welcome to the city of Halia planning and zoning board meeting for Wednesday, March 11th, 2026. Everyone please rise for the invocation and the pledge of allegiance. Lord, we thank you for this opportunity here. Please watch over us. Guide us as we make the right decisions. As we make the decisions, help us make the right decisions for all of those involved, city and citizens. Amen. 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. You may be seated. >> Meeting guidelines. The following guidelines apply to today's planning and zoning board meeting. Any person interested in making comments or posing questions on any item on the agenda may do so during the meeting. Individuals should be respectful of the planning and zoning board members and make an every effort to speak with moderate tone using appropriate language and avoiding personal attacks. The public can view the planning and zoning board meetings on the city's YouTube page. All lobbyists must register with the planning and zoning board prior to item being heard. A maximum of four speakers in favor and four speakers in opposition will be allowed to address the planning and zoning board on any item. Each speaker's comments will be limited to three minutes. Item number one, roll call. Mr. Perez >> here. >> Mr. Mason is absent. Mr.as >> here. >> Mr. Rioa >> here. >> Mr. Yuj >> here. >> Mr. Morales is absent. Mrs. Enriquez >> here. We have a quorum. Item number two, approval of planning and zoning planning and zoning board summary agenda of February 25th, 2026 as submitted. Motion to approve. >> Second that motion. >> We had a motion by Mrs. Enriquez. Second by Mr. Mr. Ya. >> Yes. >> Mr. Allesia. >> Yes. >> Mr. Huge. >> Yes. >> Mrs. Enriquez. >> Yes. >> Mr. Perez. >> Yes. >> Item has been approved. >> Administration of all to all applicants and anyone who will be speaking before the board on any item. >> Everyone. Anyone and everyone that's going to speak in front of the board, please stand. Raise your hands so we can swear in. Do you? Do you swear or affirm to tell a truth before this board? >> Thank you. Let the record show the answer was on the affirmative. A written decision and resolution will be prepared and presented for review to the city council. The city council is authorized to affirm affirm with conditions or override the decisions for resolution. After the resolution is adopted, contact a member of the city clerk's office to obtain a copy of the final decision and resolution. Upon your receipt of the final decision or resolution, contact the building department to obtain your required building permit. Summary minutes or a copy of the auto file of the proceedings before the planning and zoning board shall be prepared and submitted to the city council before its hearing. The planning and zoning board recommendations for the following public hearing request will be heard by the city council at a scheduled meeting of Tuesday, March 24th, 2026. Item number three, variance permit to allow an oversized accessory building with a floor area of 832 ft or 500 ft is the maximum floor area allowed. Properties located at 720 West 11th Court Hale R3 Multiple Family District applicant East Point Properties LLC. >> Uh before we start, I'd like to take uh just a second and welcome back Mr. >> Appreciate it. An old an old known face. Not old as an age. >> We're both a known a known quantity. Put it that way. >> Thank you, sir. >> Welcome aboard. >> Thank you. >> Name and address, please. >> Good evening. Uh my name is Julio. >> Press a button. >> My name is Julio Perez. >> Um I'm here on behalf of uh 7200 West 11 core. My address uh 16160 Northwest uh 107th Place uh Miami, Florida 33157. >> Thank you. She's going to read it into the record and then we'll talk about it. All right. Thank you. >> The property in this application is located on the west side of West 11 Court between West 71st Street and West 72nd Street. The lot is approximately 34,81 square ft or 80 acres. According to Miami Day County Property Appraisals Records, the site is improved with three multif family buildings consisting of twostory 8-unit apartment buildings located at the subject address, a onestory 4unit apartment building located at 7190 West 11 Court and a twostory 21 apartment building located at 7130 West 11 Court. Originally constructed in 1968, the same property is part of La Visa's Delaribbe condominium development. The property is designated as a medium density residential on the city's future land use map and the Sony classification is R3 multif family district which is consistent therewith. A review of the city microfilms records indicate that the city property was developed under separate permits. The 8unit apartment building was constructed constructed under permit number 1967-77220. The 4unit apartment building was constructed under permit number 1967-772819 and the 21 unit apartment building was constructed under permit 1968-1161. Records further indicate that the apartment building later received a roof repair replace permit under permit number 2010-320, 2010-331, and 2015 6521. In June 2023, the property applied for a building permit and their building permit number multi--00002917-2023 to legalize an accessory building used for storage by residents of the apartment buildings. During the zoning review, a staff determined that the existing 832 ft accessory building proposed for legalization exceed the maximum permitted area of 500 square ft allowed in the city of Hyia code of ordinances. Therefore, the applicant is requesting a variance which is being considered at this time. It is important to note that the current status of the permit is abandoned. Uh meaning that the property owner must contact the building department to reactivate the permit in order to continue with the legalization process. The submitted site plan demonstrate compliance with the minimum 30% purpose area requirement. Additionally, the accessory building complies with the requirement with the required interior wet side setbacks and maintains the minimum required separation of 10 feet from any other structures. According to the R3 zoning classification regulations, specifically section 98-587 uh parenthesis 2 of the city of Halia code of ordinance, an accessory building is permitted um a permitted use within this zoning district provided that it is incidental to the principal use. Therefore, STP does not find that the request will negatively impact adjacent properties as the structure complies with the required setbacks and provide adequate storage space for the residents of the 33 unit apartment complex. Lastly, at the time of the analysis, staff observe a canvas roof structure located directly east of the accessory building under which uh what appears to be discarded or broken household appliances are being stored as shown in the staff report in the photograph. this structure um and the stores um they they need to be removed. Um based on the applicant request, the staff recommends approval with the following conditions that the applicant shall reactivate building permit number multi--00002917-2023 with the building department in order to proceed with the legalization of the accessory building. And number two, the applicant shall profer and record a declaration restriction stating that the accessory building shall remain incidental to the principal multif multif family use of the property and shall be used solely for storage by the residents of the property and shall not be used as a dwelling unit on or for any habitable purposes. And three, that the canvas roof structure located on the east of the accessory building along with any discarded or broken household appliances stored underneath shall be removed from the property. Therefore, staff recommends approval with conditions. >> Okay. Thank you. >> Thank you. Comments or questions? >> Um I'd like to point to this uh picture uh I just received uh yesterday from the uh from the owners. They removed the canvas uh structure and they're in the process of removing the PVC shed and also the fence. All of that space will be uh cleared out. >> Thank you. Okay. Comments or questions from the board? No none from the board. Anyone in the audience have a comment or question on this item? Okay. Closes the bar public hearing was applied to the board. >> Motion to approve with conditions. >> Second that motion >> with conditions. >> We had a motion by Mrs. Arita. Second by Mr. >> Mr. Yes. >> Mr. Allesius. >> Yes. >> Mr. >> Yes. >> Mr. Perez. >> Yes. >> Mrs. Enrique. >> Yes. >> Items has been approved with conditions. >> Yes. Thank you. >> Yeah. >> I don't see I I don't see the um Usually you put it down on this. >> Item number four, variance permit to allow an oversized accessory building with a floor area of 881 square ft where 500 ft is the maximum floor area allowed and to allow the oversized accessory structure to exceed 35% of the size of the main building. Properties located at 640 East 60th Street Helios R1 one family district applicant Orlando Lopez name please Lopez okay >> thank record. Okay. Okay, I'm open. >> The property in this application is located on the south side of East 6th Street between East 6th Avenue and East 7th Avenue. The lot is approximately 8,400 ft or 19 acres. The site is improved with a 2,170 ft single family home originally originally built in 1954. According to Miami Day County property appraisal records, the property is designated as low density residential on the city's future land use map. The zoning classification is R1 one family district which is consistent therewith. The surrounding land uses designations and zoning classification are as follows. To the north, east, south, and west low density residential zone R1. A review of the city microfilms records indicate that the main residence was originally constructed with three bedrooms and two bathrooms under permit number 1954-26128. Records further indicate that the property later received a roof replace permit under number 2021-11761. In August 2025, the property owner received a building without a permit violation case number BWOP-003810 2025 for failing to obtain a building permit for the installation of new windows and doors as well as for interior alterations. The owner subsequently applied for a building permit and their building permit number BLDR-006679-2025 to legalize the unpermitted work. During the zoning review process, a staff determined that the existing 881 square foot accessory building located at the rear of the property and proposed for legalization exceeds the maximum permitted access accessory structure area of 500 square ft allowed by the city of Haley of ordinances. Furthermore, the accessory building exceeds 35% of the size of the main building which is the maximum allowable percentage for accessory structures pursuant to section number 98-1666 of the city of Helia code of ordinances. Therefore, the applicant is requesting a variance to allow the existing accessory structure remained as bill which is being considered at this time. According to the submitted survey and site plan, the property complies with the minimum 30% pvious area requirement providing 2,858 square feet or approximately 34% of pvious area which exist exceeds the minimum requirement. The site plan also indicates that the aluminum cover porch and utility room attached to the accessory buildings are proposed to be demolished. Also, the site plan proposes to provide a twoft drainage separation along the east and west side of the property lines. The submitted floor plan for the existing accessory building shows that the structure contains no interior partition and is used solely for storage purposes. The accessory building complies with the required interior west side setback, rear setback and the minimum distance separations from the main structure as required by the city of Helia code of ordinances. A staff finds that the request may be approved as it as it is necessary to legalize the existing alterations. The oversighted accessory structure does not create negative impacts on adjacent properties as the structure does not obstruct light, air flow or visibility and remains fully within the required setback of the property boundaries. Approval of this request will allow the property owner to bring the residents into compliance through the building permitting process and the required zoning approvals while maintaining compatibility with the surrounding uh single family home residential neighborhood. Therefore, staff recommends approval of the request subject to the following conditions. One, the applicant shall continue to obtain all required building permits to legalize the existing accessory structure and all previously unpermitted work under permit number BLDR-006679-2025. And that the aluminum cover porch and the utility room attached to the accessory building shall be demolished as indicated on the submitted site plan. And three, that the accessory building shall be used for storage purposes only and shall not be converted into a dwelling unit, living quarters or any habitable space. And the applicant shall maintain the required two foot drainage separation along the east and west property lines as showed in the submitted site plan and a and profer a declaration of use to maintain the property as single family residence uh with only one kitchen and premises according to the R1 zoning regulations. Staff recommends approval with those conditions. Okay. Miami date. classificator. Fore construction. Construction of the construction. Max Foreign Yes. Fore negative. Foreign of the construction. stuff. Thank you. Comments or questions? Okay. Comments or questions? No. Comments or questions from the board? Anyone in the audience have a comment or question of this item? Okay. None heard. What's the pleasure of the board? >> Motion to approve with conditions. >> Second a motion with conditions. >> Okay, we had a motion by Mrs. Zara, second by Mr. >> Before you call the role. >> He agrees with the conditions. >> Mr. >> Yes. >> Mr. Perez. >> Yes. >> Mr. Samriquez. >> Yes. >> Mr. >> Yes. >> Mr. >> Yes. >> Item has been approved with conditions. >> Okay. Okay, thank you. >> Okay, item number five, variance permit to allow north side setback of 0 feet with 5'1 in required and to allow 0 feet landscape buffer facing east 47th Street where a minimum of 7 ft landscape buffer is required. Properties located at 4698 East 10th Lane Helia M1 Industrial District. Applicants Marbelli Hernandez Moyet on behalf of Vicente R. Hernandez and Alba G. Hernandez. >> Hi, good. >> Name and address, please. >> Marbelli Hernandez Moy, 1331 Northwest 5 Street, Plantation, Florida 33325. >> Okay. You're representing the um property owner. >> Yes. She filed a U >> I'm sorry I'm I'm also a property owner. It's parents. Yes. >> Okay. Okay. I just want to make >> it was just attached to five years ago. >> Well, because you know it says representing the property owner. So I >> But it's not like in a lobbyist capacity. I'm I'm also the owner. It's my family. >> I want to make sure that there's you know the we drive here. Thank you. Go ahead. >> The property in this application is located at the southwest intersection of East 47th Street and East 10 Lane. The lot is approximately 8,000 square feet or8 acres according to Miami Day County property appraisal records. The site was originally developed uh with a 3,610 ft industrial building in 1955. The property is designated as industrial in the city future land use map. The zoning classification is M1 industrial district which is consistent there with the surrounding land use designations and zoning classification are as follows. to the north, east, south, and west industrial sun and one industrial district. A review of the city microfilm records indicate that the subject property was originally constructed as a one-story warehouse building under permit number 1955-28542. Record further shows that a 900 ft addition to the existing warehouse was constructed under permit number 1966-71345. Subsequently, microphone records indicate that a permit to demolish the warehouse was issued under permit number 2005-2369. The warehouse was partially demolished, leaving one leaving only the exterior concrete walls remaining on site. The property has not been redeveloped since then and is currently used for um the storage of vents, trucks, and metal structures. In February 2018, the property owner received an unsafe structure violation under case number 2018-000082872 due to due to the deterioration of the remaining concrete walls. In order to address the violation, the owner applied for a building permit number BLDR-001581-2025 for the construction of an new warehouse building. During the zoning review process, a staff determined that the proposed 2,625 square foot warehouse does not comply with the required north side setback providing zero feet where the minimum of 5'1 in is required by the city of Halia ordinance. The submitted plans indicate that the existing interior concrete walls will remain and will be incorporated as the shell of the proposed warehouse structure. Staff also determined that the site does not comply with the required 7 ft landscaping buffer along uh 47 street. Therefore, the applicant is requesting a various permit which is being considered at this time. Additionally, a staff has advised the proposed warehouse will be required to undergo a site plan and concurrency approval process with the city of Hyia prior to the issues of any building permits. According to the submitted survey and site plan, the property will comply with the minimum 10% pvious area requirement providing 800 square feet or approximately 10% of the pvious area thereby meeting the minimum landscaping requirement. The site plan further indicates that the existing concrete wall located at the northeast corner of the property will be reduced to provide a minimum of 7 ft east side setback in order to comply with the required 25 ft visibility triangle. as the property is located on a corner lot. Also, the property will comply with the required parking providing seven parking spaces with three where three parking spaces are required. The plan also indicate that a dumpster enclosure will be located at the southeast corner of the lot which complies with the minimum 10-ft setback from the ride away. However, it should be noted that the dumpster enclosure must maintain a minimum two ft setback from the south property line and the plan shall be revised to clearly indicate the required twoft setbacks dimension. Additionally, the site plan shall be revised to show a minimum of seven feet of landscaping buffer along the east property line. The plans also depict that the swell area located along east 10th lane is proposed to be used as lateral parking. The swell area cannot be used for parking unless approved by the street department. ETP finds that the request may be approved as the proposed variance necessary to allow the redevelopment of the property and to resolve the existing unsafe structure violation. The proposed warehouse will improve the current condition of the site which has remained partially demolished for several years. The request will not negatively impact the surrounding properties as the area is developed with similar industrial uses. Additionally, the proposed warehouse is consistent with the industrial future land use designation and the M1 suning district. Therefore, approval of the request is considered reasonable and compatible with the surrounding area. Based on the applicant request, the staff recommends approval for the with the following conditions. One that the applicant shall profer a declaration of restriction delineating a maximum of six months from the date of this application approval to submit for the required site plan and concurrency approvals from the city of Hyia. If not site plan and concurrency application are received, this application approval will be receeded and revoked. Number two, uh project shall be developed in accordance with the sign and seal plans prepared by Rammon um Kamayad Pa dated February 13, 2026 according to the following modifications. A dumpster enclosure shall be maintained a minimum of two feet setback from the south property line and the site plan shall be revised to clearly indicate the required setback dimensions and the site plan shall be revised to provide the minimum of 7 foot landscaping buffer along the east property line in compliance with the city of Halia code of ordinances and the swell area along east 10th lane shall not be used for parking unless approved is obtained approval is obtained from the city of Halia street department. staff recommends approval with conditions. >> Thank you, Claudia. Two things here that come to uh come to mind here. And um you offering seven parking spaces. >> Yes. >> Where three are required. >> Yes. >> Good for you. >> Thank you. >> Um also the dumpster enclosure. Okay. >> Yes. >> Be enclosed. Okay. No. No garbage flying around there. >> No. No. Yes. >> And as she stated, uh um street parking, you know, soil parking, it's make sure you get permission before. >> Of course. Absolutely. >> Do you understand all of that? >> I do. Thank you. >> You have any questions or comments? >> I do not. >> Thank you. Comments or questions from the board? >> Nope. >> Anyone in the audience have a comment or question on this item? None heard. What's the pleasure of the board? >> Motion to approve with conditions. >> Second that motion. >> We had a motion by Mrs. Enriquez, second by Mr. Yua. Mr. >> Yes. >> Mr. Perez. >> Yes. >> Mrs. Enriquez. >> Yes. >> Mr. Yes. >> Mr. Rioa? >> Yes. >> Item has been approved with conditions. >> Thank you. Have a good evening. >> Good evening. Item number six, variance permit to allow six parking spaces where 11 parking spaces are required to allow one parking space fronting West 8th Avenue to back out into the rightway where back out parking is only allowed in lowdensity residential properties to allow 0% purious area with 10% is the minimum required to allow the waiver of minimum landscape requirements through landscape mitigation as per section 98-2235 and to allow zero ft landscape buffer between off streetet parking and the right of way on West 8th Avenue where a minimum of 7 ft landscape buffer is required. Properties located at 2440 West 8th Avenue, Helia owned M1 Industrial District. Nelly de Pass on behalf of Moel Investments LLC. >> Thank you. Name and address please. Nelly de pass 7400 Southwest 88 Street apartment 2205 Miami Florida 3315. >> Thank you. >> She said >> this property is located within the Seol neighborhood along West 8th Avenue just south of West 25th Street. The property consists of approximately 5,300 square ft or 12 acres and has been improved with an industrial warehouse since 1975 totaling approximately 2,974 square ft of building area according to Miami Day County property appraisal records. The property was um the property operated uh with an industrial use until 2025 when the local business tax for Mega Stonewood Inc. was closed. In 2025, a local business taxfree application was submitted for an adult daycare facility. During this process, the applicant was informed that a change of use will be required. Once the applicant submitted the change of use application to the building department, a plan review was conducted and several comments were issued as part of the review process. As a result, the applicant is now presenting this variance application. This variance application includes a request for a reduction of six parking spaces where 11 parking spaces are required. This requirement is based on the city code which classified an adult daycare as a commercial use and requires one parking space for every 200 square feet of commercial floor area. In addition, the redesign of the restricted parking area proposes that one parking space backs out directly onto the street. This type of maneuver is typically permitted only for lowdensity residential properties. The existing street design will not be adversely affected as there is not sidewalks along this segment of West 8th Avenue. Therefore, the biking maneuver will not interfere with pedestrian activity. Because the property was originally developed under industrial zoning regulations, the requested variances represent the minimum necessary to accommodate the proposed commercial use on the site. Furthermore, the surrounding neighborhood lacks sufficient commercial space to meet the services needs of the local residents. Therefore, the request variances related to parking, biking onto the street, and the landscaping buffer should be considered favorably. A staff recommends approval of the request provided that the project is developed in accordance with the plan signed and sealed by Arshad Vikar PE dated May 27, 2025. Staff recommends approval. >> Okay. Even though there's a reduction in parking, >> okay, even though there's a reduction in parking, you good with that? >> Um, yes, sir. Um basically the the neighborhood area um as I mentioned in the report it lacks the commercial spaces for that. Um this is a use that is needed in that area. Um and of course it's for elderly population. So not much you know vehicular activity um will be required for that. >> Okay. Any comments or questions? Did you understand everything that was said to you? >> Yes. >> Okay. Anything to add? No, >> no comments or questions from the board to the chair. >> Yes, sir. >> Uh, how many employees are they going to have? >> Well, where the land the >> Okay, we need we need if you're going to speak, we need you to say your name and address or or she can she can say it. >> Um, okay. >> Go ahead. Just just say your name. Just say >> Elizabeth Bdalano, 8770 Southwest 52nd Street. I'm her daughter. See, that didn't hurt, did it? >> No. >> There you go. Now you're Now you're legal. >> The only The only reason I'm asking is it's it's concerning because we're allowing backout parking when I thought we were trying to get rid of that for a while. But it is concerning to me. Uh regardless of whether the area needs it or not. Backout parking is always a dangerous thing. I I work for a company and I'm not allowed to I'm always I'm supposed to park backwards and drive out before I park. And that's something that's demanded by a lot of uh companies with their drivers. So, I'm a little bit concerned that, you know, you're going from seven parking spaces to three and you're allowing back out parking. It's very concerning to me. >> So, like I mentioned, we're the landlord. Um, we have the tenant and what he explained is >> speak to the microphone, please. >> Is that he it's adult daycare. He won't be having any vehicles parked there because he has another site where he'll be parking all his vehicles. Um, and even the employees would be parking and being shuttled over to the property. >> I I I hate to say this, but I I find that hard to believe. I I don't see somebody parking someplace else and taking a shuttle to the patient. I understand that. Maybe it's possible. Maybe I'm wrong. Maybe that is his plan, but I I find that very difficult and and I I'm still against the back parking >> through through the just for clarification. So, they're providing six where 11 is required. So they're providing six parking spaces. >> Oh, I thought it was going to three. >> No, no, no. They're they're providing six parking spaces. They're required to provide 11. >> Okay. >> Um so that at least six they will be. But of course um the movement of one of the parking spaces required to do the backup parking. So >> one only one >> for one for one car. >> So going to have six parking spaces. >> Yes. >> On onto 8th Avenue which is which can get can get pretty big. that I could that I could live with because you are going to have maybe two to three employees there. I I've dealt with >> uh the adult bakers I see the amount of employees >> and yeah the >> the customers don't don't usually drive. >> I'm okay with that. Thank you. >> Yeah, I'm I'm clear now. >> Um see we >> we have a little bit of a problem with reduced parking and back out parking. As I'm sure you know, back out parking >> is dangerous. >> No, >> I mean the the easiest way to avoid the danger part of a backout parking is you back in and you pull out. >> Yeah, >> but who does that? >> I I do. >> I I know I do too. >> I do too. I just go out there and you see how how I back I always back in. But >> it's only once. So anyway, any more comments, questions that you have you'd like to add? Anyone from the board? Anyone in the audience? Okay. Is the public hearing? What's the pleasure of the board? >> Motion to approve. >> Second that motion with do >> no conditions. >> No conditions. >> Okay. So we had a motion by Mosque, second by Mr. Mr. Perez. >> Yes. >> Mr. Allesius. >> Yes. Yes. >> Mrs. Enriquea. >> Yes. >> Mr. U. >> Mr. Mr. U. >> Yes. >> Mr. >> Yes. >> Item has been approved. >> Thank you. Item number seven, special use permit to allow the expansion of the neighborhood business district overlay in relation to a proposed four-story mixuse development including 28 residential units and approximately 1,980 square ft of ground floor commercial space. Varian's permit to allow residential units on the ground floor where residential units are allowed above ground floor level to allow 25 multifamily units 89% with an area less than 700 ft² where 700 ft² is the minimum required and only 25% of the residential units may have a minimum area of 500 ft to allow street size setback of 6.91 ft where 15 ft are required to allow 35 parking spaces where 43 parking spaces are required to allow 6.3% pvious area where 30% is the minimum required and to allow partial waiver of minimum landscape requirements through landscape mitigation as per section 98-2235 properties located at 291 West 49th Street B1 highly restricted retal district applicant Manny Rails Architect on behalf of Po. >> Thank you Manny. >> Good evening. Bonnie Rose Architect with offices at 18501 Pines Boulevard, sweet 342, Penrook Pines, Florida. >> Thank you. >> The subject property is located on the north side of West 49 Street and is currently zone B1 highly restricted residential district. According to Miami Day County Property Appraisal, the existed structure on the site was originally constructed in 1952 as a single family residence. Over time, the property transitions transitioned from residential use to small office, consistent with the pattern of residential office conversions that occurred along portions of West 49 Street corridor. The surrounded line uses reflect the transitional mix of residential and office activity. The property to the north is zone R1 one family district and is developed with a single family home. To the east is a vacant lot uh zone R O residential office. The property to the west is also zone RO and is improved with a residential office usage. The property to the south across West 49th Street is zone RO. However, however, it has been developed with a two-story office building. This pattern reflects the gradual transition of the corridor from lowdensity residential uses to office and mixeduse activity. The property received a land use amendment approval from residential office to commercial according to ordinance number 2022-089 dated October 11, 2022. In addition, the property received a resoning approval from RO residential office building to be one pilot restricted residential pilot restricted retail district according to ordinance number 2023-078 dated August 18, 2023. This amendment was approved based on the conceptual project of a two-story medical office. The applicant is requesting an special use permit to allow the expansion of the neighborhood business district MBD overlay in relation to a proposed fourstory mixeduse building mixeduse development consisting of 28 residential units and approximately 1,980 ft of ground flooror commercial space. The proposed development aims to introduce a mixeduse building that integrates residential and neighborhood serving commercial uses in a walkable configuration. The commercial space is proposed along the ground floor frontage with residential units towards the back while the upper level will contain the residential units. The project is intended to contribute to the activation of West 49 Street corridor by introducing additional housing opportunities and neighborhood scale retail within proximity to existing commercial activity. The proposed development is consistent with the type of attractive growth and increased density envisioned along the West 49 street corridor which which function as one of the city mayor's commercial and transportation corridor and experience a high volume of daily traffic. According to the Florida Department of Transportation average annual daily traffic, FDOT AAD, this segment carries an average of 47,000 trips per day. The introduction of a mixeduse building at this location supports the city broader planning goals of encouraging redevelopment along mayor corridors while maintaining compatibility with surrounding uses. The site is located less than one mile from the Palm Spring Mile shopping center which provide a wide range of retail, dining and serviceoriented uses. The proximity of this amenity makes the location well suited to accommodate additional residential units that they can benefit from nearby neighborhood services with a short drive or walking distance. The proposed building architectural design is intended to provide an attractive and contemporary improvement to the corridor and surrounding neighborhood. The structure is positioned towards the southernther portion of the lot along West 49th Street which help reinforce the urban street edge and enhance curb appeal along the corridor by locating the building closer to 49th Street and placing the open parking area towards the rear of the site. Therefore providing a rear setback of 58 ft from the adjacent lowdensity property in addition to a uh to a solid 6ft wall which will also minimize potential impacts on the neighborhood residential property to the north. This arrangement provide additional separation between the mil building mass and the adjacent single family home while pre preventing excessive shadowing into nearby residential properties. Architecturally the building incorporates an contemporary design that utilizes variation in massing depth and ornamentation to create visual interest interest and hierarchy throughout the facade. The building form introduce articulated volumes that emphasize key architectural elements such as an elevator lobby, a primary building entrance providing a clear organizational structure to the design while enhancing the pedestrian experience along the street frontage. The ground floor of the building is proposed to in to include approximately 1,980 square ft of retail or office space, a small residential lobby, and four one-bedroom residential units. Floors two through four will contain the remaining residential units consisting of seven one-bedroom units and one two-bedroom unit per floor, creating a balanced mix of unit types that contribute to the city housing inventory while maintaining a mo a moderate building scale appropriate for the corridor. The proposed residential component consists of 28 multif family units which is 20 um which 25 units 89% are proposed to contain less than 700 square ft. The city code requires a minimum unit size of 700 square f feet while allowing only 25% of units to have a minimum area of 500 ft². The applicant indicates that the smaller units unit sites are intended to provide more attainable housing options while supporting compact urban development patterns. In accordance with the neighborhood business district MBD overlay regulations, the applicant has also utilized the incentive point system to achieve additional residential density on the site. The MBD code allows development to increase allowable density by incorporating design elements that enhance the pedestrian the pedestrian environment and overall built-in quality. The proposed development achieves a total of three incentive points including one point for locating the parking at the rear of the building. One point one point for providing exterior balconies on more than 50% of the residential units. 0.5 points for incorporating a permanent R installation. Um.5 points for providing an improved residential entrance and lobby area with a minimum floor area of 500 ft. Through the use of this incentive system, the project increases the allowable residential density from the base 32 units per acre, which would permit approximately 15 units on the site to a higher allowable density range of 50 through 59 units per acre, making the proposed 28 unit development consistent with the density provisions on the MVD overlay regulations. The project provides 35 parking spaces where 43 spaces are required under the city parking regulations in support of the requested parking variance. The applicant submitted a parking need study prepared by Traft Tech Engineering Inc. which evaluated anticipated parking demand generated by the residential and commercial components of the project. The study utilizes share parking methodologies published by the Urban Line Institute ULI and Institute of Transportation Engineers, IT, and determined that the combined peak parking demand for the project will be approximately 33 parking spaces. The proposed 35 parking spaces therefore exceed the projected peak demand, indicating that the sign is capable of accommodating the anticipated parking needs of the development without creating adverse impacts to the surrounding properties. The Department of Public Works has confirmed that the site is served by pump station 04-061 which is uh currently in okay status. Additionally, a concurrency management application will be submitted by a step to Miami date county public uh schools once the owner submit the site plan and concurrency application in order to determine whether the surrounding school have available capacity. The applicant is also requesting relief from the 15t street setback requirements proposing a setback of 6.91 ft. Additionally, the project proposes 6.3 pvious areas where the minimum required paceous areas is 30% and requests a partial waiver of the minimum landscaping requirements through the landscaping mitigation in accordance to in accordance with section 98-2235 of the city code. The variance application therefore seeks approval of the following. Allow residential units on the ground level where residential units are only permitted above ground level and allow 25 multif family units 89% with an area less than 700 ft² where the minimum size is 700 ft and only 25% of the units may be a minimum of 500 ft. Allowed a street size setback of 6.91 ft where 15 ft are required. Allowing 35 parking spaces where 43 spaces are required. Allow 6.3 pace area where 30% is required. Allowed a partial waiver of minimum landscaping requirement through landscaping mitigation pursuant to section 98-2235. The proposed special use permit to allow the expansion of the MBD overlay along with the requested variances is consistent with the city goals of encouraging redevelopment along major commercial corridors while supporting neighborhood serving commercial activity and diversifying housing opportunities. The proposed mixeduse development introduce an appropriate level of density along West 49 Street corridor enhances the archite the architectural character of the area and incorporates design elements consistent with the intent of the NBD overlay regulations. Additionally, the submitted parking study demonstrate that the proposed 35 parking spaces exceed the projected peak parking demand for the development. Based on this consideration, the planning and zoning department recommends approval of the special use permit and associated variances. This recommendation is subject to the following conditions. provide a declaration of restriction stipulating in all conditions MBD time limitations for development and the project shall be developed in accordance with the sign and seal plans prepared by Manny Rails P um PA um dated December 12, 2025 included but not limited to exterior and interior improvements, building facade, color scheme, architectural finishes and overall site designed and landscaping plan shall be submitted at time of permitting shall comply with the city of Halia landscaping code requirements or be subject to the approved landscaping mitigation. in accordance with section 98-2235 of the code and all residents of the project shall be issue parking decals for vehicles authorized to park on the property. The decal system shall be implemented and maintained by the property owner or property management to ensure that the resident's parking remains contained within the site and no and to minimize potential parking spillover into surrounding properties or the public right away. staff recommends um approval with those conditions. >> Good evening. >> Very lengthly explanation. Very nice. Uh Miss Claudia, Missa, welcome to uh the zoning board. Basically, uh we have a four-story apartment building with some commercial on the ground floor. Uh we're following the code 100% with some variations on parking and open space etc. We feel that this project is an enhancement to the area fronting on West 49th Street which is a major thoroughare. Uh staff recommended that we do a a parking study. We did the parking study. The parking study shows that with 33 parking spaces versus 35 versus 43 were fine. uh the units on the ground. We have four units on the ground floor that are usually designed in the majority of our projects that we design all over included in Halia to make it more attractive for older folks so they don't have to catch the elevator and go up etc. Uh we feel comfortable with the size of the units even though they're smaller. uh we want to make it more attractable for the time being as far as uh when the rental uh quotes and so forth go out so it's more attractive and uh basically uh this is a a beautiful project one of many that we do and uh I understand that the neighbors are not too thrilled about the project but it's something that uh they need to understand that this properties cannot be left undeveloped. We're following the codes. We're f it's a B1 zoning. We would rather not do a four-story office building, which we're allowed to do in the zoning up to 50 ft in height. Uh we want to make it more attractive for the city of Haley as far as the uh u request for apartments and and so forth. The issue with the parking u the ground floor uh is medical will probably be medical offices and they will shut down the business at 5:00. Those 10 parking spaces automatically by code by by uh documents by etc etc will be part of the project meaning that we'll have 45 uh parking spaces rather than 43. Uh, so if anybody on the board is has any questions, so I'm sure there will be questions. I'd be more than glad to answer them. >> Thank you. Anyone on the board have a comment or question um through the chair? >> Yes. >> Yes. >> It is a beautiful project. >> Yes, it is. Thank you. >> Great. It's beautiful. Um, however, I don't in my opinion, it's not consistent with the 49th Street corridor where it's mostly commercial. Um, I know we're saying that we're trying to get more apartments, but I mean with Metro Park and the Amelia District and everything that we've built, how many more apartments do we need? Um, so I'm also concerned that the I see that the in the rear there's going to be balconies. So that will you know the privacy of the houses that are there will be affected which I know that with elevation people will lose their property their uh their privacy but if we can avoid it that would be best especially in this type of project commercial would be best in my opinion >> but with residential >> wow >> it's just it's not consistent with all of 49th Street most of 49th Street with the exception of some original apartments and are you know >> with all due respect effective parking ratio for commercial would generate 60 or 70 parking spaces which are not fittable in in this project. Go ahead and finish and I have a rebuttal. No, go ahead. Okay. Basically, uh on 701 East 49th Street, uh there's a three-story apartment building that has fully ground floor commercial and they have a uh residential in the back. We're like 60 ft further back in from the rear of the property. uh as far as the residential area and they also have a it's a single loaded design meaning that the corridor it's like a a hotel old hotels that had the corridors on the outside so it generates a lot of traffic towards the back and that we always design if we can the buildings what we call double loaded with internal AC area corridors so that people can get in and out and not be overlooking on whatever into the neighbors. Uh, and as far as commercial, that's the parking would be hilarious to to to fit a a four-story apartment commercial building there. It it we wouldn't even try to request a variance on on the amount of parking that would be required. So, I mean, I respect your opinion, >> right? >> But I'm just trying to answer the best I can as the architect for the project. >> Okay. Thank you. >> Um, >> yes, sir. >> Manny. >> Yes, sir. as usual. It's a beautiful project. >> Thanks to my wife. Yes. >> It's, you know, hats off to her. Make sure you give her my regard. >> A great designer. >> Um, it is a little aggressive for the area. >> Okay. >> Um, I tell you what, I don't know what the neighbors, you know, feel. >> Oh, I know what they feel. already. >> But well, I I I hear me out first. I don't know what they feel. Obviously, they're not happy. Um, you and your wife design and build some wonderful duplexes and quadlexes. Um, you know the drill. I mean, it's it's your it's your signature design. >> Yes. two stories, four units, two units, whatever. Um, me personally, I think that would fit better in that area. You know, like you've done them everywhere. The, you know, duplex, quadplex, two stories high gives you plenty of privacy to the neighbors. It, to me, it enhances the area. Um, and again, Manny, do does do we have a uh have have the neighbors seen the the rendering or >> Yes, I've seen everything. They they already told me that they've seen everything. >> Again, do you haven't seen them? >> Oh, put it put them up. >> Do you have a Can you put them up? >> Okay. Okay. >> Put them up. Put them up on the >> Every well, four of you will get a chance to come up and speak, but please be respectful. not don't speak from the audience. Okay. So, give us give us a second. Um let's see if we have it. Uh >> if not, I'll be I'll be happy to >> you can go ahead and >> There you go. There you go. >> Okay. >> If I may answer your comment when whenever the time is appropriate. >> Sure. Sure. Um again, I your design is beautiful. It's a beautiful building, but again, it's it's a little it's a little aggressive for the area. Um I I would prefer to see like what you've done in the past, you know, duplexes and or quadlexes, you know, two story highs, maybe two buildings. You have enough room for two buildings there. That would be my suggestions, you know, >> if I may respond. Absolutely. Please. >> Basically, a fronting of West 49 Street. We wouldn't want to design a duplex or a single family home, sir. We want to do comply with the the flow of the uh heavily traffked area. Uh planning uh for that uh would would not be appropriate for uh single family or duplexes to be within that main corridor. That's my professional opinion as architect. No, that's Listen, I I'm just I'm just giving you my feeling the way I see it and and you know, you're you're a very highly respected individual here within the board, but you know, there are times when we have to, you know, give a little bit. So, that's that's my opinion. I'm thinking this is a little aggressive. Um, but again, the rest of the board would chime in and say what they, you know, what they feel. I know Mr. Yoro is going to chime in. >> Yeah. >> Yes, sir. Do you recognized? Um, I I like I've always said, I've always appreciate your work and everything, but I've I've always been in favor to maintain the homes in Halia and I've been always trying I'm I'm here because I really want to see home ownership and I I'm a home owner in Halia and if I see this coming next to my house, I be going crazy, too. I I don't have anything against the visually aspect of the project. I just don't like it in a residential area which I understand 49th Street is a commercial area where you're saying that area there and it's so right it's right next to houses if I'm not mistaken >> it's right ne it's bumping up it's houses >> and I I I want to take care of those houses and that and the house owners that's what my concern is to protect the homeowners and and the houses I I wouldn't mind seeing town homes villas or something like that instead of Like Mr. Perez said, quadriplex is not something I would like either. I would like to see more like like they have in Dorado those uh they're not apartments. They're like small villas that people could become owners of or something like that, but they're like maybe two story tall and yeah, they're narrow, but they look like row houses. And I think that's awesome. And then people come become owners and they and they invest in the city and they become part of the city and they become part of the neighborhood. And that's what we want. We want people who invest in the city become part of the neighborhood and become part of the city because when you're renting most of the people who run not not all of them some have a real need for it. But some people I feel are just here for a time and then renting can bring more crime, more traffic, a lot more things to a neighborhood cuz I've seen it. I I've lived in rental apartments and everything and I'm not I think that right now there's a gluttony of rental apartments. >> Your your opinion is is basically design um row houses to be sold, not to be rent. >> I would love to see that. I I hate rentals already because I think that we have so many already. I think there's a gluttony of them. There's they're bringing down the prices on a lot of them that are in the area and that's just bringing in, you know, um more people, more traffic, and and and more problems for the city. That's how I feel. I personally would not want to live on fronting West 49th Street on a on a row house or or you know a townhouse or something that is too too heavily congested with traffic. I get >> that's why we have the parking if it's built in the right way. It would look nice. >> Anyways, so it's it's everybody like I said everybody's opinion is might be different but like I said I really want to defend the city's homes the homes and the homeowners but I'm really more concerned about >> Thank you. Sorry, >> Mr. You. You look like you're you're ready to you're ready to say something. >> Yeah, but I I'll wait till you hit the gavvel. >> No. Uh >> oh. >> Your neighbor here. >> Okay. >> I think he's covered a lot of good points. >> Speaking to the mic. Speaking to the mic. I >> think he's covered a lot of good points. >> I can't hear you. Everyone has >> I'm sorry. >> That everyone has covered a lot of good points. Um, I think right now for the area it might be uh too big. Maybe tone toning it down. I'm not sure what the what you've spoken with with the residents. >> Well, I depending on how the p how the the hearing goes. I uh I understand their their frustration and their concern. I would be too if I lived there. >> But uh I would think >> but you know it's it's that they need to understand that by right we're allowed to develop the property. We just can't plant potatoes there. >> Yeah. >> To please the neighbors. We can't do that. So uh I u you know let's see how it goes. And if I have to I knowing how we operate Mr. Perez. I'm willing to sit down with them and go over and hash whatever it is that is best for the area, but definitely something's going to get built on that site. Definitely. >> Yeah, Manny. And this is God's honest truth. And folks, take this to the bank. This individual is a very respected, very highly thought of individual that deals with the city. He's a very very good developer and he does listen to the community. Okay. Um I would say give them a chance have dialogue with them. This individual here and also Cester I mean they're like man you don't get no better than that. So, Manny, you you've gotten my my take on it. I I honestly think it's a little aggressive. I'm thinking maybe turning it down a little bit, like a twotory jobs. Um, I understand the situation with 49 Street, but 49th Street is not going anywhere. >> Okay. Um, >> through the chair. >> Yes, ma'am. >> Are you done? Sorry. >> Go ahead. um whatever shape or form the project is modified uh please consider eliminating u the balconies facing the rear um even though you have 60 foot so it's almost a ratio of oneonone for the distance that you have to the property line uh however into all the comments that I have been hearing even though the balconies are a requirement to obtain one of the incentive points um it's only a 50% requirement um so if you reduce those balconies by eliminating the ones facing north. Um you're still going to gain the incentive and you're going to protect um and provide more privacy to to the north area. >> Okay. If I understand what you just said, you're talking about fronting the building to the street instead to the avenue instead of the >> No, no, no. The the building already faces 49th Street, >> but the residential units, they have balconies facing 49 and facing the parking lot. >> Okay. In the rear 50th, exactly. The parking lot is almost 60 foot wide. Okay. So, you have 60 ft separation between the property line, which is the neighboring property, and the building itself. So, you have 60 foot. So, the ratio is almost one to one. You have, you know, one surface and you have another surface. Okay. So, shadows are not going to affect the neighboring property. However, you have balconies that they're going to be elevating. So, the elevation of those balconies, what I'm saying in that elevation facing the neighborhoods is to eliminate the balconies. So, you have just windows. You don't have balconies facing that neighborhood. >> Okay. At the end, I'm sure as a courtesy, you're going to let the neighbors speak. Yes, of course. At the end when they finish speaking, I would like to have the courtesy also to come up and and not necessarily rebuttal what they have to say, but make my final presentation. >> We'll we'll give Yeah, we'll give you a couple minutes. >> Okay. >> Okay. Any more comments or questions from the board? >> I said, uh, >> I can't hear you, sir. I agree with uh my colleagues here have said and if you can especially lowering that'll be great. I'm I'm thinking out loud and I usually don't do this but I mean I do it all the time but uh when I get back to the office after the presentation complete tomorrow or whatever I'll discuss it with the wife and and maybe we'll throw in a two and two two and threetory mixed flow uh within the project to alleviate some of the issues. But I I want the process to continue and be completed so we know exactly what we can do. That means that most probably the the density will have to be reduced. I hate going for uh uh variances on parking. You know, our projects hardly ever have any variances. So, I don't know where that's leading to, but that's one of the things that I'm I'll discuss with the neighbors out in the hallway when once we're done if it comes to that. >> Fair enough. >> So, I'm just going to go ahead and and let them know. >> Yes. At this point, um, >> thank you, man. >> Thank you, Manny. At this point, I'm going to open up the floor for >> I'm sorry, Mr. Chairman. I do want to say into the record that we did receive a signed petition of objection to this project of 104 um resident around the house. >> Are they all within the boundaries? >> We would have to check. >> Okay. Because, you know, you can have signatures from people in Opaaka, >> right? But >> you have people from, you know, Miami Lakes, you know, that >> Mr. Chair, we'll we'll check it >> that have no bearings with them. So, >> but I just wanted to say >> I No, no, it's noted noted. I just wanted to >> Yeah, they walked door to door to all the neighbor neighbors, right? That's what we did. >> But my thing is I want to make sure that we keep it to >> the neighbors that are respect that not Johnny down the street. >> Ula. Ula. >> The neighbor. >> Ula. Yeah, that's that's what it is. >> Okay. >> Real quick. I'm sorry. >> Uh there is a 500 radius foot radius around the property. Correct. You can't be 1,000 or 1500 feet away and then sign a petition. I'm assuming. Correct. >> That's that's what I'm getting at. >> Okay. Yeah. because we've had that in the past where where we have people from Miami Lakes, you know, that have come in and and you know, sign and that that's doesn't fly. >> Yeah. But to taking into consideration to go to 49th Street, it's only either West Second Avenue or, you know, that's why it's the surrounding neighborhoods. We only have two exits to 49th Street. So that's why. >> Name and address, please. So we can start the clock. >> Okay. My name is Delmare D as in David A L M A R. Last name is Flores. The address is 270 West 50th Street by Aliyah, Florida 33012. I strongly oppose the construction of a four-story apartment building behind my home due to s to serious concerns about privacy, safety, property values, traffic, and the overall character of our neighborhood. First and foremost, the privacy of our home will be permanently compromised. A four-story building will create direct sight lines into our backyard and even into the interior of our home. My family should not have to live with the constant feeling of being watched. This concern is especially important considering I have two young children ages three years old and 5 months. The safety and privacy of our family should not be sacrificed for this development. Additionally, introducing a large residential building so close to single family homes creates uncertainty about h who may be living there. While we respect that many people need housing, placing a dense residential building directly behind family homes opens the possibility of individuals with unknown backgrounds having direct visibility and access to areas where our children play. Another major concern is the negative impact this project will have on property values. Homes in this area sit on some of the largest lots and currently contribute some of the highest property taxes in the surrounding community. Constructing a multi-story apartment building behind these properties will significantly reduce the desiraability and value. This ultimately harms both homeowners and the city's tax base. Noise is another serious issue. The construction alone will bring months, if not years, of heavy equipment, machinery, and disruption. Once completed, the building will generate ongoing noise from residents, vehicles, motorcycles, scooters, and general activity at all hours of the day. what has always been a quiet residential neighborhood will be directly impacted. Traffic and safety concerns must also be considered. Anyone familiar with the area knows that traffic on 49th Street between Palm Avenue and West 4th is already heavily congested throughout the day. Adding a four-story apartment complex with dozens of additional vehicles attempting to enter and exit the area will only worsen the problem. Increased congestion will make it harder for residents to move safely through the area and could also delay emergency response vehicles such as police, fire, and ambulance services. Furthermore, this development will significantly increase foot traffic through our quiet residential streets. Our neighborhood has always been a peaceful community made up of long-term residents who value safety and stability. Increasing density in this way may lead to additional disturbances and potential safety concerns. Finally, there is simply no demonstrated need to place this type of development directly behind existing homes when there are already multiple nearby apartment complexes with available units, including developments near the Halia Casino and on West 4th Avenue and Okchobee buildings. Building another large apartment complex in this location is unnecessary and places an unfair burden on the family who already live there. For these reasons, privacy, safety, property value, traffic, congestion, noise, and neighborhood integrity, I respectfully urge the city to deny approval of this project. The well-being and security of the families who have long called this neighborhood home should be made a priority. >> Thank you. I gave you an extra few seconds there. >> Yeah, I tried to go as fast as I could, but that's what was catching. You were you were on a roll. I wanted to finish you know your >> Thank you so much. >> No, I thank you all for the opportunity. >> Someone else. Let's try and keep it to within 3 minutes, but you know if you're if you know if you're on a roll, I can let you slide a couple of extra few extra seconds. >> Oh boy. Claudia. Name and address, please. Arlene Morales, 248 West 50th Street. Good. I'd like to start uh by saying that I think it's actually hilarious that a 6ft fence uh someone would think that that would stop anything with a building this size. And then I know the gentleman mentioned about potatoes. Why don't we put a coffee shop or something that brings food, something that brings uh uh younger people to the area as opposed to a massive building this size that overlooks our backyards. Um, so I've been a resident of the neighborhood for 10 years. We completely remodeled our house uh from scratch, knocked it down. Uh, we pay $14,000 in taxes. Uh, we raising two little girls in the area. They go to a private school uh, immaculate and we've chosen to invest in this area because we the character and the traffic and the people, right? So bringing a a building of this size uh, only brings more people, more traffic, right? And realistically, 700 uh square feet that only opens up to people that can afford more expensive living, which usually means low income, right? Um also, I think we all know Halia here and uh a parking for 28 cars or or 35 or whatever the number is. Nobody here has one car per apartment. So, I think uh there's a difference between reality and what this gentleman is trying to propose, right? Uh having a building this size completely overlooks into our backyard. We have a pool. Um, so it would just make it an unsafe area for the everyone on on 50th. Uh, to your answer your question on the signatures, we walked from 50th to 52nd, so it is the surrounding area and I'd just like to make it public here that not all the neighbors received notice, which I it is my understanding that all those affected should. The area has been long, quiet, single family residential neighborhood. Many of us chose to live here because of its character, low traffic, limited density, and a sense of community that comes from neighbors knowing one another. This building would completely change that. First, there are real concerns about traffic and our safety. Like I said, parking is not reality with what the gentleman of the study has said. It's Halia, right? Um our streets were designed for much smaller number of vehicles. Like my my neighbor said, we only have two exits. So, this would just bring a ton more traffic. We don't have speed bumps. So, that would uh put in jeopardy the children that like to play or walk around walking our dogs, people riding bikes. Second, there is inf and infrastructure and quality of life concerns. Higher density means greater demand on water, sewer, parking, and public services. It also means increased noise and activity in an area that has holistically historically been low impact residential. These changes may seem small individually, but together they can fundamentally alter our neighborhood. Many homeowners have invested their savings in these homes here and the expectation that the zoning and land use plan would remain consistent with the residential area. Sudden areas, sudden changes in density can affect property values and long-term neighborhood stability. >> Oh, you got it in there just right. >> I know. >> You must you must have practiced it. >> Thank you. Thank you. >> How are you? >> Hello, >> Renee Hernandez. Uh 210 West 51st Street. 34 years there. That's uh quite a bit. First of all, congratulations. Your your building looks fantastic. You're really beautiful. However, I'm going to echo what Mr. Perez said. I have a bunch of things to say, but I I don't have the time. Um, you use the word aggressive. I'm going to use the word incompatible. It is just not compatible with our area. the way all the houses are set back and they have a certain look. Uh this this would just be out of the left field kind of construction. Although once again beautiful. We're planning to put basically 28 apartments in the capacity land space of what maybe four or five people used to live. We are not against progress. I want you to understand that when Taco Bell came in years ago, this group was here, maybe more actually at that time, and we stopped it. >> Yeah. >> And then another construction came over and and we had no problem with that. Now, we had a dental office and another building that I don't recall what it is. We have no problem with that. >> It's an urgent care urgent care. There we go. So, we want something like that. We want progress. We understand that progress is going to move forward, but the unintended consequences that most people don't talk about is what I'm worried about. And I'm worried about that because I'll let you know that I am a uh building manager, property manager. I do 34 properties commercial and I have under me over 2.2 million square feet. Okay, that's it's a little bit and going to the parking situation. I also have to tell you that the parking studies that most people do are heavily biased stores allowing the parking. they're not worth very much. So, we're worried about that. We're worried about the entry and exit to the property because when somebody can't come in through 49th Street, guess what? They're going to tell them, "Hey, go through the streets. Why don't you just cut through 51st?" Has anyone here ever stood in 51st when they want to cross for fourth to Palm Avenue and how fast they go? It is a corridor. It's a highway. So, we need to be very careful about the unintended consequences of actually trying to progress in a place that is not compatible for this kind of progress. So, I wanted to say >> thank you. Um, I want to echo some comment that you just made. I am guilty of traveling down 50th Street when I come from the bank. trying to make that left onto palm. Uh-uh. I just go right and then left. Go down 50th and come down. So, I know exactly what you're saying. And as far as Taco Bell and the uh the Boy, that was that was a battle. That was a battle. That was a that was a battle. Thank you for your comments. Name and address, please. Christian Vikum. uh 250 West 50th Street. All right. Um good evening, chairman, members of the board. Um we own the h the house right behind uh the proposed development of 291 West 49 Street. I respectfully ask the board to deny the application because the project is incatible with the surrounding residential neighborhood. My concerns are the following. Direct impact on the property. Proposed four-story building will be directly behind the property overlooking our property and yard and creating a significant loss of privacy. Also, excessive height and scale. A four-story structure is too intense for a site immediately adjacent to residential homes. Again, too many variances requested. The applicant is requesting multiple exceptions to the zoning code at the same time, which shows the project does not comply with existing zoning standards. Significant traffic congestion. The project includes 28 residential units in a commercial space to to be used as a medical office which will bring constant uh patient traffic, staff, vehicles, deliveries, and visitors. Now, impact on the on the main road. A medical office combined with the residential units will increase daily vehicle trips and congestion on the main 49th street and surrounding neighborhood streets, creating an additional traffic pressure in the area. Insufficient parking. The proposal uh the proposal reduces required parking from 43 spaces to only 35 which will likely cause parking spill over into nearby residential streets. Um also uh very small apartment units. The plan allows 25 units of the 28 units to be under 700 square ft minimum which units as small as 500 ft increasing density and turnover. Um and then then reduced setback. The applicant is asking to reduce the required setback from 15 ft to only 6.91 ft placing the building closer than permitted by zoning regulations. Also, major reduction in green space. The project reduces the required previous area from 30% to only 6.3% of green space raising concerns about drainage and environmental impact. Loss of landscaping and buffer. The applicant is requesting a waiver of landscaping requirements, removing an important buffer between the development and nearby homes. Access and last, accessibility concerns. Um, the proposed layout raises concerns about adequate handicap handicap accessibility for both residential occupants and visitors to the commercial space, including safe access routes, parking spaces, and ADA compliant recirculation. For these reasons, the project represents a significant departure from the city's zoning requirements that would negatively impact adjacent homeowners. I I respectfully request that the planning zoning board deny this variance and deny the application. Thank you for your time. >> Thank you, sir. Thank you for coming. Um, okay. So, we had four in opposition. I'm just going to take a stab at this. Do we have anyone in favor that would like to come up? No. Manny, I'll give you a couple minutes to uh digest what you just heard and what we said and then um well, basically um some of the comments that were made are not true or not, not that they're not true, they're not correct. Uh but it it doesn't make any difference. Um, I'm willing to meet with a representative of theirs in the hallway back there, exchange my business card, and see what kind of rapport we can establish to design and build something that is applicable to the area best uh that we can. That's all I can say for now. That's uh you you know, we've got a reputation and we're going to keep that reputation to be positive always. >> And I I know you will. I know you will cuz you you've you've never let this board down in the years that you've been coming. >> In future design work, it's very important that the zoning department informs the the neighbors that they're here that there's a radius um map that is included in our package. Some of the neighbors don't get their responses uh or their notices because they're outside the 500t radius. So if you're if you're 700 or 1,000 ft out, you're not going to get a response from the from the zoning department from the rate. >> Just through the chair to clarify that as you mentioned there is 500 the properties are also posted. So whoever drive buys those properties they also uh get the notification. So the 500 is the surrounding neighborhood. Now we have proved that over here that whoever did the work appreciate it but people are being notified as well. So the lack of not notification I don't think so that is a concern in this application. >> Correct. Okay. So uh you know it's I've said my piece and I'm willing to sit down with them and discuss whatever but but definitely the property is going to get developed. Uh as a right we have the right to develop the property. We just want to make it make everybody happy as as much as we can. We will never be able to make 100% of everybody happy, but we'll do the best we can. That's all I can say. >> Okay. So, >> basically, I'm requesting the p the the hearing to be deferred as as I guess is a proper process to go. >> Okay. He is asking he is asking to postpone this hearing so that he can speak meet with you. He has the right to do that so that he can meet with you onetoone or with a representative of the group of the neighbors. Maybe you can come up with a happy medium. He does have the right to ask for a deferral. We call it a table. Okay. He is asking for that if the board pleases. Okay. We'll take a vote. We'll give you a deferral and then we'll postpone you for the next meeting or the following meeting or whenever whenever you you feel that you need. >> Well, if it's if it's going to be done, it's going to be done right. So, I can't tell you right now will it be 30 days or 45 days? I have no idea. through through the chair. >> Go ahead. >> I I think that the residents are here and they deserve an answer now. I I don't want to wait or postpone this. >> I think I'd like to make a motion if it's possible for me right now. >> Could I make a motion? >> I We're public hearing is closed. >> You did. You did. You did. You have four. You did four. Yeah. It's the new math. Um, John, I I see your point. Um, I personally don't agree with the aggressiveness or the I believe uh one one of said uh uh >> compatibility. >> Compatibility. Thank you. Okay. I I don't agree with it. Um, he does have the right to ask for a meeting with the neighbors. Um, uh, uh, you I'm sorry. I I can't allow you to speak from back there. Thank you. So, I mean, you can you can vote your piece. You can say yes, you can say no. >> I'd like to just make a motion. >> Okay. So >> that that being said, >> I know we could motion for his >> wait before you do that. >> No, I was I was I was immediately going to ask he has he has requested a >> he has requested a deferral >> a deferral. It's a it would be a it's not to a date certain. So there would be it would require a whole round of new notices >> if it is the will of this board to do that. But I believe uh there is a motion. Not yet. Not yet. Well, I I'd like to motion on his asking for the deferral. >> On the request for deferral? >> Yeah, he's requesting for deferral. I'd like to motion. Can I motion on that? >> So, you're going to make a motion on the request? >> Yes. Okay. >> If it's the pleasure of the chair. >> Yeah. Can we get Can we get a second? >> A motion to deny. >> Oh, you want a motion to deny? >> Yes, sir. >> To deny the deferral. >> Yes, sir. >> Wow. >> That that's that's a highly unusual mot. Yes, that's >> is there is there >> I feel that the residents are here already. I think that this is actually today. >> He is okay. He is asking for a table or a deferral and I'm and I'm motioning to deny. >> Okay. But to sorry to deny the application or to deny the deferral? >> Deferral. >> To Okay. To deny. >> I will deny the application. I will motion to deny the application after this deferral is over. But I'm I'm motion right now to deny the deferral. >> Okay. Okay. So, you were making a motion. Is there a second to that to that motion? That would be the >> Is there a second? >> Second. >> Okay. So, we had a motion by Mr. Rio, second by Mrs. Enriquez. Mr. Perez. >> Okay. This is to deny the referral. >> Correct. The difference. >> No. >> Miss Mr. >> No. >> Mrs. Enriquez. >> Yes. >> Mr. Rioa. >> Yes. >> Mr. >> No. Okay. So, it did not motion fail. Motion fail. Motion fails. So, um, now he again his request still stands for a referral. Can we get a motion to ask for a referral? >> The appropriate motion would be a motion for an indefinite >> Okay. >> indefinite deferral >> with notice to be uh to be provided when uh the hearing is rescheduled. >> I mean, you're given the chance to >> Yeah. That way. say it would be right now. >> It would the item would be tabled. It would be indefinite. He would have to uh provide additional notice whenever the new hearing is scheduled. >> So just for clarification, the property would post it will be posted again. Notices will be sent to the residents within 500 ft again >> for the whatever new dates will be ready the applicant to submit the new proposal. >> Okay. So, can we get a motion? Motion. Okay. Do we get a second? We don't have a second. Okay. Motion fails. >> Okay. Motion fails again. >> All right. So, we stand in limbo now. Um, he is asking for a table. >> Yes. >> And it is his right to ask for a table. >> It is his right. >> Okay. It is also the board's right to deny the table. Okay, which the board has denied the table. The board has motion to to table it >> to table again. It died for lack of >> It died for lack of a second. So if where we stand out, >> if I may, you could pass the gavl and make a renewed motion >> and see if there's a second to that motion. >> Can't we just motion on the project itself already? >> You you you can >> I'd like to deny the project. >> So motion to deny by Mr. Yua. >> Second. >> So it's a recommendation of denial. >> Yes. >> For the for the city council. >> That's that that's that's active. Yes. >> Okay. So that that's a motion. There's a second to that motion. Uh and it is on the basis of >> uh the criteria. >> Yes. >> Listed in the code specifically uh the criterion 98133. >> Yes sir. >> Okay. >> Okay. >> We had a motion by Mr. Rio, second by Mrs. Enriquez. Mr. Perez. >> No. >> Mr. Rio, >> we're voting to deny deny. So yes, >> to deny the item. >> To deny the item. I would vote yes. Yes, >> Mr. Huge. >> No, >> Mr. Enriquez. >> Yes, >> Mr. >> No. >> Okay. Motion still. >> Okay. >> Through the chair. >> So, we >> uh through the chair. Um >> yes, >> special counsel. Um will the applicant have an a chance to also withdraw the application? So then they will have to start from scratch from all over. The applicant could withdraw the application. >> Yes, I would like to withdraw the application. >> Okay. So, that takes no action from the board. >> So, that means that I can come back uh any time. I don't have to wait x amount of time to come back. Correct. If I withdraw the application, correct? >> I I'm willing to say you're right. But during that time that you're that brief time, that's your opportunity to reach out >> with the neighbors and do your due diligence. >> So, okay. So, at this point, the applicant has withdrawn the application. Okay. So, there's like, thank you for coming here. Thank you for voicing your opinion. Nothing has happened. We're back to square one. So now he has to go out there, put his dancing shoes on, and come talk to you all and try and convince you. Well, you know, that's okay. Okay, that's listen. Listen, that is his Okay. Right now, the case is dead. He has withdrawn it. It has not been approved. It has not been denied. Okay. So, he withdrew the application. So, >> hasn't been postponed either. >> It hasn't been postponed. So, we're starting fresh. That means he has to go out there, talk to you all. Well, first of all, come up with a better plan that may suit you all. approach you, address you, talk to you, see what is see if there's a happy medium. Okay? So, he's starting from scratch. Then he has to advertise and a new hearing whenever that is two weeks, 3 weeks, 3 months, whatever whatever the schedule, what whatever the the availability is scheduled. That's that's what that's what we're saying. No, that's what we're that's what we're saying. He has withdrew withdrawn the application. That means that that's it. That's just just no more. >> I you know I can't have you talking from there. Do do you want to be do you want to be the spokesperson for the group? >> I I I I understand you >> through the chair through the chair. So just just to be clear, okay, whenever an applicant withdraws an application means that this application is like it goes >> it goes close. We are closing the application. If let's say that they bring this the same application, it will go through the same process. You will get notifications. The property will be posted. You will be in form of the meeting. So everything will take the same shape on form for this application. So just take a look at you know the property and you know the same process will take it if it comes with the same or a different project. >> Okay. What what I'm what I'm trying to say is it could be any one of you. I don't care which one. I do need one person. Okay. I'm going to allow one person to be elected as a spokesperson for tonight and you can come up here and voice your opinion. This is highly irregular. We don't do that. But since obviously there are questions still in the audience. one person because I can't be talking to everybody special from other one person come up voice your you know just ask a question or two we will answer it and we we will close it because this this item has actually been closed >> yes I I want to have the opportunity to sit down with them I just don't want them to not be able to sit down with with us and then let it slide and >> that that's that's going to be up to them. You have withdrawn your application. Okay? You're going to start fresh from scratch. >> So, you know the due diligence that you have to do. Okay? Okay. You do your due diligence. You speak with them. You meet with them. You do whatever it is you got to do. And then this gentleman here is concerned that if he applies again and he doesn't, you know, if he doesn't show up, will it be approved? I I can't see. You can't be you can't be talking from the audience >> so many so many changes in that zoning and all that. >> Okay. >> When you guys here know all the law and all why is that happening? because okay sir >> yeah if I if I may if I may we we can't have this kind of discussion from the audience but but but I will say he has an application he has his he has a right to maintain an application he has withdrawn that application it is back to zero there is no application on the table any longer so whatever he asked for before doesn't matter that's that's out that's done that's done I I I just wanted to respond to that that's all I'm going to say okay he is at zero No, we didn't. No, >> that that's not accurate. >> No, it's not. Okay, >> respectfully, that is not accurate. >> Okay, see this is why I said a spokesperson. Okay, because we can't be dealing back and forth with the audience. Okay, let me just reiterate. The applicant has withdrawn the application. The application does not exist. whatever was in the application doesn't exist. He will come up with a new plan, a new design, a new whatever it is that they do. Okay? And he obviously now knows he's got a bad taste in his mouth because he knows that he's a negatively impacting the neighbors. He's gonna want to come and talk to you all, see if he can find a happy place. Once he finds that happy place, then he will submit his application with the pertinent changes that would get you there. Come come right up. Come right up in your name and address, please. I'll give you >> Morales, 248 West 50th Street. I want to make it clear that if he comes back with the same exact project, it we're we're going to keep fighting it, right? I also don't find it fair that he has no limit, right? It could be months. So, we're going to have to be watching, right? So, it's it's going to be really uh timeconuming for all the neighbors that don't want this project. Um it's it's not fair. Is it is it possible that we can give him a limit in time that he he comes back with the project and we we put the application back into place >> there? If I may, the chair, >> there is no application any longer. We cannot place a limit. That's that would be an arbitrary limit, right? We we don't have the the capacity to do that as this board. Okay. >> What you will what what we can guarantee is if you are in the notice radius, which I believe you were, you're >> my backyard be directly affected by the balconies that the gentleman wants to put. >> You are entitled to notice of any new application just the same way that you got noticed for this one. >> Okay? >> And then you act on that notice. Why is there no limit on when they can withdraw the application? >> What was the question? >> Why is there no limit on when you can withdraw the application? >> Why there's no why there is no limit as to I don't understand it. >> You can >> go ahead. Just just say it. Just say it. >> So, >> this is very unorthodox. Okay. This is I'm I'm just I'm just letting you >> So, I I just want to get, you know, to the bottom of it. So, we have a process. We have to submit anything we want before this hearing starts, right? We cannot submit like a proposal saying we're against this. You on the notice that you sent us, it says you must uh submit any objections before the committee starts. So, how can you sub why why is there no like why doesn't that apply also to withdrawing applications when you're here? Because halfway through the meeting, if you don't like what's going on, you just withdraw the application. >> Okay. I I have an answer for you, but he'll give you the legal ter determination. >> He's asking for relief from the code. Okay. When he withdraws that request for relief, there is no ask anymore. The ask does not exist anymore. It's not it's not that he's injecting something new into the situation. He's saying, "I'm not asking anymore. >> It's it's it cuts it off. It's it's at zero." >> Well, why doesn't it lock in once you're already in so that you can get a final determination? I'm saying so why why isn't it locked in as far once once the committee starts? You know what I mean? Because we get an answer >> because he is he is entitled to withdraw his application. That's that's that's what the law provides. >> If he keeps coming back and we keep showing up and then it's >> Can you speak? >> So is there a limit in the amount of times he can withdraw because he if he comes back with an another unattractive project and he doesn't like where it's going and everybody's against it, he'll withdraw. We'll come back and we'll play this game for a long time, right? So what protection do the neighbors have in order to stop this at some point and get something that we can agree on a happy medium? >> I I there is a limit to this board's patience >> and that's what you can >> Okay. >> And also there's also the limit to his wallet. You know these meetings are an application is a is a pricey process. >> Perfect. So >> yeah, it's our it's at least personally it's my first time. And >> I mean to you it's basically time. >> Yes. >> To him is time, monies, materials, uh uh representatives, uh uh attorneys. >> Okay. >> Uh understood. >> Uh plus permits, >> you know, registration fee. It's >> it's a lot of money. Yeah. So we'd be more open to something commercial, right? It's It's usually closed on the weekends. Less less traffic. Maybe a potato shop since you want to plant potatoes in the area. How about we can we can do that. >> All right. So, just my suggestion will be keep an eye out on your mailbox. >> Okay. >> You will be notified when he gets his dots his eyes, crosses his tees, and gets his P's and Q's with the neighbors. We'll be here again. >> Please. >> Thank you. >> This is your house. You belong here. >> Thank you. >> Okay. Thank you. >> Quickly. >> Yes. >> Cuz remember, you're you're dismissed already. >> I know. Basically, I I I will we won't decign anything until we meet with the neighbors. >> Okay. >> Period. That's it. Simple as that. So, I mean, it depends on what they want. If they want a single family home, there is not going to be a single family home. But I want I'm willing to sit down with them and go over as to what is best for the neighborhood. I've got to talk to the owner tomorrow morning, of course, and see explain to him what's going on. But but as an architect, I can tell you, but I need I need to start a conversation. I can't just design something that they're going to turn down. I want to make sure that we uh you know, we were on the right track. >> Okay. Simple. >> Thank you, Manny. To the chair. >> Yes. If if you don't consider a single family home, think multi- family homes. Try try to think about it. I mean, multif family homes would be nice instead of rentals. So, people could become owners in the neighborhood too, just like them. And they could become part of the city. I would love to see that, Manny. Nobody brings projects like that hardly ever here. Only a few times I've seen that. >> I know. >> You know, like like I said, like row houses that would be amazing over there. And yeah, you could come in there. I've seen them done. You know, they happen by by uh 60th Street in Halia by by where the school is at. You know, they're like little town houses. >> Will I be able to meet with one person in the hallway outside to see what we can agree on? >> Okay. Okay. Thank you for coming up here. Thank you for taking your time and expressing your your feelings, your opinion. Uh you know, you're welcome here. This is your house and please you know uh um >> okay there. So there you are. See that's why you're here. >> Well okay okay. >> Okay. Any any issues take him outside please. We we have more items. Okay. So can't say we can't say that we weren't fair. Okay. Item number eight, special use permit to allow the expansion of the neighborhood business district overlay in relation to a proposed three-story mixuse development including 44 residential units. >> The last one. Okay. >> 600. >> The last the last one. Please close the door. Thank you. Yeah. >> Just give her give her a second unless you want to defer. Okay. >> Well, good. You don't have any any objections. All right. I'm sorry. I'm sorry for all that drama, but you know, it's life. Go ahead. Item number eight, special use permit to allow the expansion of the neighborhood business district overlay in relation to a proposed three-story mixeduse development, including 44 residential units, 670 ft of fitness center space, and 7,163 ft of medical office commercial space. Varian's permit to allow residential units on the ground floor where residential units are allowed above ground floor level to allow 44 multifamily units 100% with an area less than 700 ft² or 700 ft² is the minimum required and only 25% of the residential units may have a minimum area of 500 ft to allow 81 parking spaces through a covenant in lie of unity of title with properties located at 2855 West 12 avenue and 2801 West 12 Avenue where 84 parking spaces are required to allow 21.4% perusious area where 30% is the minimum perus area required and to allow partial wave minimum landscape requirements through landscape mitigation as as per section 98-20 2235. Properties are located at 1160 West 29th Street, 1170 West 29th Street, 2891 West uh 12 a 2855 West 12 avenue and 2801 West 12 avenue C2 Liberal Retail Commercial District. Applicant Valerie M. Sanchez Esquire on behalf of Prestige 29th Street LC. >> This is I'm sorry I can't hear without my glasses. Um 11. Okay. I'm I'm sorry. Go ahead, please. >> Good evening, Mr. Chairman, board members, and staff. My name is Valerie Sanchez. I'm an attorney with Alejandro Vo, PA with offices at 16400 Northwest 59th Avenue in Miami Lakes. I'm also joined here tonight by attorney Alejandro Vareo, and Michelle Rodriguez, our legal liaison. >> I thought he looked familiar. I haven't seen you in forever. else got to hold besides us, right? >> Welcome back. By the way, >> this property encompasses um by these applications are located at the corner of West 12th Avenue and West 29th Street. The site consists of three parcels along West 29th Street totaling approximately 36,977 ft or 85 acres. The current land use designation for all parcels um as commercial with a son in classification of C2 Liberal Retail Commercial District which is consistent with the land use designation. Two of the parcels are currently vacant uh while the western most parcel is used as a parking lot associated with a medical center located to the south. According to city records, the property were developed as a gas station with a mechanic shop in 1966 and were demolished around 2008. Other uses may have been established on the site. However, no additional city records had been identified. The properties are surrounded by active commercial centers and Inavarro store is located to the west. The Portoino shopping center is to the northwest and another shopping center is located to the north. In addition, the property immediately to the south is developed as developed and operated as a medical center. This application also proposes to unify the existing medical center property within the new with the new project. The parking facilities will operate current concurrently under a proposed covenant in lie of unity of title and an existing reciprocal right of ingress and egress and reciprocal parking license agreement. Most recently recorded with Miami Day County Clerk of Court under CFN number 2025 0814647. This application proposes to combine and redevelop the three parcels within a mixuse three-story building that includes a fitness centers at the northwest corner and for with 44 residential units. All res all residential units are one-bedroom units ranging in size from 610 to 699 square ft. The project complies with all the required setbacks, particularly along West 29th Street and West 12th Avenue, where landscaping buffers are proposed between the building and the public sidewalk. In addition, a decorative 6-ft metal picket fence is proposed to enhance safety and privacy for f for future residents. The northwest corner of the building will accommodate the fitness centers. Therefore, the corner le elevation is designed to open towards the street providing visual hierarchy and architectural emphasis at the intersection. All residential units include balconies facing 29 street featuring backlit aluminum decorative panels that provide privacy. Similarly, along the south elevation, the common the common open corridor incorporates the same backlit aluminum decorative panel to provide protection and enhance the aesthetics appearance of the south elevation. The project propose proposes residential units on the ground level which requires a variance since neighborhood business district MBD overlay projects u projects are required to provide an active ground floor. In this case the project site is surrounded by existed commercial centers. Therefore the variance is considered appropriate for this location especially uh since there will be an an area in the ground floor improved as a fitness center. Additionally, all residential air all the residential units are less than 700 square feet in size. The smaller unit size allowed the project to remain more affordable as smaller units typically rent at lower rates. In order to develop the property as proposed, the applicant is requesting a special use permit SUP to expand the neighborhood business district MBD. Under the requirements of the code, these properties are eligible for such an SU. When expanding the NBD regulations, the project must provide height and density incentive points to comply with the applicable standards. The project provides the following incentive points. Provide parking facilities at the rear, one point. Provide balconies on at least 50% of the units, one point. Amenities, the fitness center, one point. The total number of points provided is sufficient to comply with the requested density increase of 51 dwelling units per acre. For parking purposes, the project include the medical center property to the south as part of the unified parking arrangement. The combined parking requirements for the 44 uh units and the medical center is 84 parking spaces. However, 81 parking spaces are proposed. The applicant has submitted a covenant in lie of unity of title to ensure that the properties remain unified for parking purposes as well as the recip the reciprocal parking agreement to allow both users to share parking facilities based on the operational needs. The applicant has also submitted a parking sharing report analysis the anticipate parking demand. The report concludes that the total parking demand will be satisfied with 68 parking spaces. Therefore, the variance request is for a reduction of three parking spaces for the required amount of the unified project. This reduction may be considered at the minimous parking decrease based on the parking demand analysis provided. Furthermore, the site is well served by public transportation as the city flamingo routes operates along West 12 Avenue in addition to Miami Day County bus route 183rd. The project is also requesting a reduction in landscaping and open spa space proposing 21.4% 4% pvious area where 30% pvious area is required. However, as part of the site plan review process, a tree tree mitigation payment will be required in accordance with code section 98-2235. Therefore, staff provides the following conditions. uh provide a declaration of restrictions stipulating all conditions, NBD time limitations for developments and provide a recorded covenant in lie of uh unity of title for the per for the parcels to operate the shared parking lots and provide a a tree protection plan to keep the maximum number of trees on site as possible and to mitigate any tree removals. and the project shall be developed according to the plans prepared by Alberto O Gonzalez PA um and signed and sealed by Eduardo Perez and dated January 19, 2026. The staff recommends approval with conditions. >> Thank you, Claudia. I'm looking at the looking at your slide here. This is that empty lot across from Mesa's Barbecue. >> Yes. >> Okay. There's an empty lot there. I think there's like a lumber store there or something. Um, no. To the uh west of it is in Avaro CVS. >> Ah, and Yeah. Yeah. Yeah. So, if I understand this correctly, you're going to acquire the empty lot on n on 29th all the way to 12. >> So, there's we already acquired them. There's two two empty lots on West 29th Street, right? >> And and it is also um into West 12th Avenue and then the parking lot right behind it to the south. >> Okay. Okay. I I just I just wanted some clarification here. Okay. Go ahead, please. >> Good evening. As I stated, my name is Valerie Sanchez and um I have offices located at 16400 Northwest 59th Avenue in Miami Lakes, Florida. and I'm here tonight on behalf of this applicant on this item. I have a very brief presentation tonight. Um, we're requesting a special use permit to allow for the limited expansion of the neighborhood business district zoning overlay. If you can go to the next slide. This project consists of a threestory mixeduse garden style multif family development located on West 29th Street and West 12th Avenue. Uh it's going to be developed by the prestige companies and they have developed several dozens of projects throughout the city for over 20 years. Here are some of their uh most uh well-known developments. Uh if you can move on to the next slide. Uh the next one. Thank you. Um, this actual this project is going to be 44 one-bedroom, oneb residential units, and there will be a 670 square ft fitness center commercial space. This area is surrounded by a medical office to the south, a navarro, two shopping centers, and it's adjacent to a medium density residential property. So, this project is in line with the area surrounding it. Um can move on to the next slide, the next one. This is kind of like the design, some renderings here. Uh what it should look like uh facing west at 29th Avenue. Um staff is recommending an approval of this application subject to certain conditions and we're in agreement with the conditions and we have been in communications already with Claudia. We've submitted a first draft of the declaration of restrictions and also a first draft of the covenant in lie of unity of title. I respectfully ask for a vote of recommendation for approval like that of your planning staff and I'd be happy to answer any questions that you may have. >> Thank you. Comments or questions from the board >> through the chair? >> Yes ma'am. >> What was the agreement on the parking with the uh medical center and >> it's relating to the parking? So basically they're unifying all the properties. So the two vacant lots, the parking and the medical for parking purposes only. So they will be sharing the parking. >> And is there enough parking or is there like an exit >> between the between the two uh uses they require 84 parking spaces and they're providing 81. They are in terms of access. Um the current medical uh center has access through the south and the project is providing another access to the north on along 29th. Okay. Thank you, >> the chair. >> Yes, sir. I >> I take it the medical center is not going to be open late, though, right? It closes early. >> No, they close, I believe, it's at 5:00 p.m. >> So, that's going to have additional parking for the residents and everything else. >> Okay. >> Is there overnight parking going to be allowed in that in the medical center parking >> in the in the agreement that they submitted? Yes. Basically, they limit um after 5:00 you should have a copy on on the package. Um and they will be allowed uh between 5:00 5:00 p.m. and on Saturday um as well and Sunday of course. Okay. >> And is that way that you It's all going to be onebedroom apartments only, right? only one bedroom, one bathroom >> square feet. >> They range between 610, I believe, to 6.99. >> And the minimum is how much on the square footage supposed to be? How much? >> So, basically, we have a 25% uh limitation. So, up to 25% they can be up to 800 um 700 square feet. But the minimum is 700 square feet that we allow. >> No, that's not the minimum. That is up to the limits. So they could present 500, 400, you know, we don't have a a limitation. What we have the limitation on is the percentage on that smaller range of units. >> Yeah. Because that's what I want to avoid. These little tiny small but you know, I don't want to turn into New York where they're selling renting these little little closets >> for $1,000. That's >> Yeah. >> No. In this case, the range is close to the to the 700 meter. Yeah. >> Thank you. Thank you, Mr. Anyone else? >> What's the buffer on 29th? >> The buffer landscaping buffer. Yes. So then the details of the buffer that they have over here, there is current landscaping on along 29th. So that is why one of the condition is actually to request the project to maintain as much of the trees existing trees on the property so that you have mature trees already and then um they have >> I didn't see a site plan for it. >> Oh, turn your microphone on. >> I didn't Yeah, she has. So, you laughed at my comment. I couldn't hear without my glasses. Huh? Now you see why. So, the main entrance is on West 29th Street, >> correct? Yes. Okay. Anyone else? Anyone in the audience? Okay. Was the pleasure of the board? >> Motion to approve. >> Second with conditions with >> Okay. We had a motion by Mr. Allesia. Second by Mrs. Enriquez. Mr. Perez. >> Yes. >> Mr. Yu. >> Yes. >> Mr. >> Yes. >> Mr. Mrs. Enriquez. >> Yes. >> Mr. >> Yes. >> Item has been approved with conditions. Thank you. >> Why can't they all be this easy? >> You have you have Mr. Alex over here. He's We have such a long history. He's uh preparing for the meeting. Talking to Miss S. I said it's been a long time since I was a city attorney here in Kyle. The problem is I don't know anybody. >> Well, surprise. >> But worse than that, no one knows who I am. >> Well, I do. He was he was a city attorney here for a long time. >> Yeah. >> Then he went to Miami. >> Yeah. And I I visited some a lot of your uh a lot of your uh meetings there, council meetings. I was in the audience, but uh then he became a you know lobbyist here. >> For many years, the city attorney's office had everyone that I hired >> and staff many that I worked with. I think everybody's all gone. >> Well, it's good seeing you, man. And and you're looking good. So, >> you consideration. >> Very nice meeting you. >> Nice. >> Take care. >> Have a good night. >> Good night. >> Small world. >> Miscellaneous item not requiring advertising. Item number nine, old business. >> Old business. >> No business. Item number 10, new business. >> New business. I already said my new business. I congratulated Mr. Ruo. >> Thank you back for having me back and >> you had you had a nice few months off. >> I I enjoyed this one. >> I like it. I feel like I'm back at home. >> Yeah, we need more of these. >> Okay. If um Are you okay? >> Very good. Yes, sir. No problem. You got a You got a good uh >> This is good. >> Okay. Are we good to go? Yeah.