Planning & Zoning Meeting

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rock and roll. Okay, I get a thumbs up here. Let's go video audio. John, you want to do the honors? >> Yes, sir. I see. >> Okay, we're on. Right. Good evening, ladies and gentlemen. Welcome to the city high planning zoning board meeting for Wednesday, March 25th, 2026. Everyone, please stand for the invocation and the pledge of allegiance. >> Dear Lord, thank you for giving us the opportunity to serve our city. Please give us the wisdom to do what's right for our constituents and all of us that are involved here today. Amen. >> Amen. I aliance 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. Meeting guidelines. The following guidelines apply to today's planning and zoning board meeting. Any person interested in making comments or posing questions or n or on any item of the agenda may do so during the meeting. Individuals should be respectful of the planning and zoning board members and make every effort to speak with a 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 the 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 speakers comments will be limited to three minutes. Roll call. Mr. Perez >> here. >> Mr. Mason >> here. >> Mr. Egles >> here. >> Mr. here. >> Mr. Luich >> here. >> Mr. Castayanos >> here. >> Mrs. Enriquez >> here. >> You got a full board. Look at that. >> Administration of the oath to all applicants and anyone who will be speaking before the board on any item. >> Anyone and everyone that's going to speak in front of the board, please stand, raise your right hand, and we'll swear you in. Do you swear or affirm to tell the truth before this board? Let the record show the answer was on affirmatively. Thank you. I may sit down. >> Summary minutes or any copy of the audio files 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 requests will be heard by the city council at its scheduled meeting on Tuesday, April 14. 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 by resolution. After the resolution is adopted, contact the 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 agendas or a copy of the audio file of the proceedings before the planning and zoning board shall be prepared and submitted to the city council before it hearing. The the planning and zoning board recommendations for this following public hearing request will be heard by the city council at its scheduled meeting of Tuesday, April 14th, 2026. First item, approval of the planning and zoning board summary agenda of March 11th, 2026 as submitted. >> Motion to approve. >> Motion. Okay. I have a motion to approve by Miss Enriquez, second by Mr. Mr. Ellesius. >> Yes. >> Mr. Roya. >> Yes. >> Mr. Luj. >> Yes. >> Mr. Castanos. >> Yes. >> Mr. Pis. >> Yes. >> Mrs. Enriquez. >> Yes. >> Mr. Mason. >> Yes. >> The motion has been approved. Land use one smallcale map amendment for lowdensity residential to transit oriented development district. Properties are located at 1081 East 17th Street, Hay Alia, zoned R11 family district. Applicant Cesar Mestre Esquire on behalf of Kasa Amigos LLC. >> If I may, Mr. chair. Uh, in the interest of efficiency, uh, LU1 and item two on your agenda deal with the same property. One is a land use amendment, the other one is a resoning. If the applicant does not have any objection to it, um, I would propose that we make it one public hearing for both items. >> I was going to suggest the same. So, we agree. >> Thanks. >> Thank you, Mr. M. >> Two different votes, two different items, but we'll clump them together. Caesar Mestre on behalf of the applicant 8105 Northwest 155th Street, Miami Lakes, Florida. >> Thank you. >> The property in this application is located on the north side of East 17th Street between East 10th Avenue and East 11th Avenue. The lot is approximately 8,280 ft or.19 acres. The site is currently improved with a 1,120 ft single family home originally built in 1949. According to Miami Day County property appraisal records, the property is designated as low density residential on the city's future land use map and is situated within the boundaries of the Hyia transit oriented development district, more specifically within the transfer station subdist. Adjacent land use designation are as follows. To the north, lowdensity residential. To the east, transit oriented development district and industrial. To the south, industrial and transportation and utilities. And to the west, lowdensity residential and medium density residential. The applicant is before the city requesting an amendment to the existing land use designation from low density residential to transit oriented development district. A companion application has been submitted to resone the property from R1 one family district to to transit oriented development district to ensure consistency between the land use and the zoning designations for a proposed redevelopment consisted of a four-story multif family residential building. The project is proposed as a mid-rise development which pursuant to the transit oriented development master plan allows a maximum density of 125 units per gross acre based on the size of the in the size of the site. The maximum of approximately 23 residential units is permitted. However, the applicant is proposing only 12 residential units which is below the allowable density. The applicant owns and previously developed the property located directly east of the subject property and is now proposing to develop the subject property in a similar manner. The subject property is located within the transfer station subd districts of the transit oriented development district an area designated for higher density mixeduse and pedestrian oriented development due to its proximity to major transportation facilities including the tri rail and metro rail stations. Although the surrounding properties are primarily developed with low density residential units you uses higher density residential development is encouraged within this district. Therefore the proposed redevelopment is considered compatible with the plan future character of the area and supports the city vision to promote walkable neighborhoods, encourage public transit use and reinvest in all the residential areas. The proposal has been submitted to Miami Day County public school concurrency management system to ensure the um adequate public u school capacity is available to serve the students generated by the proposed residential development and is currently under review to determine whether the project meets the required level of service. The site is served by the pump station PS04-00009 which is in okay status. Final capacity of utility impacts will be further evaluated during the site plan and concurrency review process. Based on the information provided, the proposed amendment is consistent with the city of Halia comprehensive plan and supports the goal of promoting transit oriented development and the efficient use of land near major transit facilities. The request aligns with the intent of the transit oriented development master plan and will allow for redevelopment and contributes to increase housing opportunities within the within the to district. Therefore, staff finds the request to be reasonable and recommends approval of the proposed land use plan amendment. Staff recommendation approval. >> Thank you, Claudia. Uh Caesar, obviously you're going to make a presentation. You want to just hold that off and make one presentation for both? >> That's fine. >> Okay. So, >> we read this into the record. Let her read the other application and and you make your presentation and it will take two separate votes on ones. Okay. Reszoning property from R1 one family district to to transit oriented development district. Variance permit to allow a singleuse fourstory multifamily residential building containing 12 dwelling units where a vertical mix of uses is required. To allow a front setback of 6.75 feet where 20 feet is required. To allow 6% pvious area where a minimum of 10% is required. And to allow a partial waiver of the minimum landscape requirements through landscape mitigation pursuant to section 98-2235 of the city code. Property is located at 1081 East 17th Street Halia zoned R1 one family district. applicant says Mr. Squire on behalf of Kasa Amigos LLC. >> Go ahead. >> The property in this application is located on the north side of East 17th Street between East 10th Avenue and East 11th Avenue. The lot is approximately 8,280 ft or 19 acres. The site is currently improved with a 1,120 ft single family home originally built in 1949. According to Miami Day County property appraisal records, the property is designated as low density residential on the city future land use map and is situated with the boundaries of the Halia transit oriented development district, more specifically within the transfer station subdist. The zoning classification is R1 one family district which is consistent therewith. The surrounding land use designations and zoning classification are as follows. To the north, low density residential uh zone R1 and R2, one and two family residential district. To the east, transit oriented development district and industrial zone TOD and M1 industrial district. To the south, industrial and transportation and utilities zone M1 and to the west low density residential and medium density residential zone R1 and R2. The applicant is before the city requesting to resone the property from R1, one family district to TOD, transit oriented development district. A companion land use amendment application has been submitted to change the land use designation from lowdensity residential to transit oriented development district ensuring consistency between the land use and the zoning. The proposed amendment and reszoning are intended to support a proposed four-story multif family development. The proposed project consists of a singleuse multif family residential building within the transit oriented development to district where a vertical mix of uses is typically encouraged. While the development does not include a mix of uses, the proposed residential design is not expected to negatively impact surrounding properties as it will not generate additional retail or commercial traffic and remains compatible with the existing residential character of the area. According to the submitted plans, the project include a four-story multif family residential building. The ground floor is primarily designed for parking and provides a total of 18 parking spaces including one ADA compliance space which meets the minimum parking requirement established by the city of Halia ordinance. The ground floor also includes a residential lobby with pedestrian access from a street from East 17th Street and from the interior parking area as well as a meter room, machine room, dumpster enclosure, and two stairwells providing vertical circulation. The second through four floors each contained four residential units consisted of two bedrooms, two bathrooms layouts for a total of 12 dwelling uh residential dwelling units within the building. The proposed uh building complies with all the required setback dimensions with the exception of the lobby and one of the st uh ways fronting E17 street which encroaches into the front setback. A staff does not find the encroachment to have a negative impact as the lobby serves at the primary entrance feature and contributes to the pedestrianoriented design of the building without obstructing visibility, light or access along the public routeway. The encroachment is minimal in a scale and helps create a more engaging streetscape by provide providing direct access and a defined entry point from E17 street which is supports the walkability goals of the transit oriented development district. To address the reduction in previous area, the project will incorporate an on-site drainage system designed to properly manage a storm water runoff. Additionally, the applicant will be required to mitigate landscaping not provided in accordance uh with section 98-2235 of the city of Hyalia court of ordinance during the site plan and concurrency review process. A staff noted that the submitted site plan proposed an 8-ft concrete wall along the east and west side of the property. The plans have been revised by the applicant to show a sixft concrete wall as that is the maximum permitted by the city of Halia landscaping manual for this type of residential projects. The plan also depicted a six-foot metal picket fence along the north rear property line which um it was revised to provide a sixoot high concrete wall as required for more intense densities. Based on the applicant request, the staff recommends approval with the following conditions. That the applicant enters into and record a declaration of restriction DUR to develop the site in accordance with the plan sign and sealed by Oscar J. Gonzalez AR dated uh January 4, 2026, which will be later um modified to include conditions number uh three, the DR shall be stipulate require the time limitation for the development. Um two, the applicant shall submit a onetime landscaping uh mitigation payment, the amount of which shall be calculated during the site plan and concurrency review process in according to section 982235 of the city of Hay Alia code of ordinance and that the plan should be uh revised to show the proper concrete walls along the east, west and north uh property lines um as that that is the maximum height permitted by the Helia landscaping manual. Staff recommends approval with those conditions. Thank you, Claudia. Caesar, >> thank you. As I said before, Caesar Mestri, on behalf of the applicant, uh it's important to note that this applicant um has completed, I believe, seven of these TOD projects already. They were actually the first one to actually complete one in this area. And his buildings are all very similar, but they're all within a few blocks of each other. Um I see some new faces. Welcome. Welcome to the board. be a pleasure to work with you guys. Uh, by way of background, I just want to give you a little bit of of what's going on here. This particular area of the city you're going to hear to transit oriented district is something that the council years ago said we're going to designate this area to redevelop it to have more density to provide um supposed to be mixed uses residential with commercial on the bottom wider sidewalks kind of to make it a more walkable uh area of the city. You've seen that there's been a lot of big buildings that are coming up around there. So, this is within that district and that's why we're here before asking you uh for this. Um, let me show you a couple of slides. The next one, this is just showing you what the present uh zoning and land use are. Uh, as you can see, our property, if you look on the right side, the bottom, that little green circle, that's where this property is located. To the east, it's industrial. To the west, it's residential. Uh to the south, it's the warehouses there. So, it's industrial as well. As you see, the one on the corner right next to us to the right, that one's a different color because that one is already a TOD uh property that has been changed. Next slide. This is just showing you the property. It's located on East7th Street between 11th Avenue and 10th Avenue. The one that you see here to the right of our property, which is the rectangle, is 11th Avenue. The one on the corner is the one that we've already done. Uh, this applicant has already finished this one a while ago that's been rented for a long time. And they've also done another one um north on 11th Avenue at the other corner on the top, which I believe is 22nd Street. Next slide. This is actually uh part of the code. This is the uh limitations, the lines for the TOD subd district that we're we're talking about. So if you see on the bottom, this is the south boundary. We're located within it. That little uh rectangle right there, that's this property located within the transit oriented district. Next slide. This is the building that's already finished. This is the one directly to the east of us. So this is already there. This is already built. This is already rented out. This is on the corner. And then the one that we are proposing now is this one, which is very similar. So, they're going to be two book book ends on on that property. Uh the building is going to be four stories. It's going to have 12 units, two bedrooms, two baths, about 840 square ft each. There's two types, but they're very close in their in their size. We're asking you to uh recommend approval of the land use change to to so then we can do the resoning. The reasoning is also to to uh we do have to have variance because we're supposed to have mixed use but as Claudia said in this project we're not and actually for this area of the to it seems to be a a good fit because it goes in handinhand with the residential that's around there. It's not really as busy as 25th Street or 10th Avenue over there. So, um, that is is consistent with the area. Um, regarding the land use, we have a pump station that's in okay status. That'll be looked at. Again, we've already submitted for concurrency with the public schools. I don't expect an issue with that. That is being reviewed. Um, and this will increase the housing opportunities for the area. As far as the variances, the no commercial is one. the uh imperous area which we're going to provide drainage so that that's not an issue. The landscaping the code provides that if we don't have enough space to do the landscaping we can pay in and get that resolved. So that we're doing that pursuant to the code and also there's a setback variance which is very minimal uh has to do with the lobby and the s the letter the the stairs uh protruding a little bit into the the sidewalk area but as Claudia said it's very minimal and it will not affect the project. So based on all of these if you have any questions we would respectfully ask you for a recommendation of approval to the council and we are okay with all of the conditions. >> Thank you Mr. Mard. I do know notice that that's also I can be accurate about this. Um the planners um notes here says based on the size of the lot maximum of approximately 23 residential units are permitted. >> Correct. >> However, you're proposing 12. >> So you're actually proposing building half of what you're allowed. way way under. This is not one of these greedy developers. He he doesn't want to max out. And also I can tell you that he in all his other buildings and has done it and has shown me uh gives preference to high aliyah contractors. Uh they're the ones that work on his projects. He also makes them very nice. He does uh granite tops, stainless steel appliances, high ceilings, modern looking, very nice. I know on one of his buildings he went out with the council and I think Deborah was here at the time and they visited them and and they all were very impressed with the work that he does. >> Well, and the reason I mentioned that and I I do commend you on that is because um we're we're at a point right now where we still need uh residential units. We need housing units, okay? be it apartments, duplexes, single family homes, what have you. We we have a short shortage of stock, but uh not as bad as it was recently. So, I'm kind of like I don't know. I'm I'm kind of like going to back up a little bit and not be uh try not to be as generous as I have been in the past. And this right this right here is home. You're allowed 23 and you're only proposing 12. So that's that's a feather on your cap right here. Um I just wanted to mention that because I know that we have had some some uh um I don't want to say headbutting but we have some issues with uh uh the density. >> Yes. >> And I see that you are you're reading the tea leaves in other words. So you see where >> we try >> and and I I appreciate that. >> Are these going to be rentals or? >> Yes. >> Okay. >> Thank you. Uh comments or questions, please. The chair. >> Yes, sir. >> Um I obviously you know how I feel about it. I I feel that we have all these little apartments and and why don't we big make it like a big development like an area where where there's more like the ones I did on 2015. I'm okay with those. they're really huge or whatever, something more. But these little pieces, these quadruplexes, these small little units, I I've seen neighborhoods after a while, they just turn into, you know, bad neighborhoods with all these little units. I I'm not in favor of destroying, you know, small homes and putting these small apartments in in a place. I I don't I don't see the need for it anymore. I think that we're there's a gluttony of them already for us. >> May May I address the the issue? So as a matter of the regulatory framework that we currently have for that area, the city adopted and it has been implementing the to that is called that was done in 2016. Okay, I I understand your concern, but for developers, and I'm not speaking on behalf of developers, but for them to assemble the land as it had happened in the 25th corridor, it's I will say one of the most difficult tasks that a developer can >> yeah, >> you know, um take on um the projects that you're seeing within the areas, um you know, going down from 25th street are of a lower intensity, lower height and that is the intent of what is called in you know the planning world as the wedding a cake because the corridor the main corridor is 25th street that is where you want your density your commercial activity that is where the uh train station is closer by and this area you want to maintain a certain lower more restrictive kind of uses because you want to maintain that however because of the proximity to the transfer station, you still want to have that density so you can provide for the writership that is required to maintain those those services in place. I understand your concern, but I just wanted to say this is a decision that it was made a decade ago by the city for this specific area. This is not something that we're going to be dealing everywhere in the city. This is specific for the tod area for the transfer specific for the master um for the to the market station area as well. So those are the two areas that we need to keep in mind that that is the framework the regulatory framework that it was put in place by the city a decade ago. >> Okay. Thank you. So >> another thing if I might add um which I'm sure it's common sense everybody knows it's they will love to do like like uh u those projects on 25th and 26th they'll love to come in and just wipe the whole block clean. I mean, you're talking big dollars, you know, buying out all those homes. And, you know, that that that would be perfect. Like >> when when those homes started when the tod started to move, this developer bought a property. I think it was under 400,000. Couple of months later, the properties next to it were going for 1.4 1.5. >> I I understand that. And that so it just makes it that much harder to assemble for it to make sense because you've paid so much for the land that it makes it impossible. I don't know. And those projects seem very nice, but I would bet you that the rent there is going to be substantially higher than these the smaller ones that that are >> I not saying that I'm not against us building new apartments or anything. I just don't like the way we're going about it. uh with piecing it out piece by piece like a little apartment here, a little apartment there. I don't like it. I I I'd like to see real development, real projects being built. For me, I just think that this is just something like for quick money grabs. That's my opinion. I I know maybe it isn't, whatever. I just see things like that. And I I I don't see this being favorable for the community in large. I I may be wrong, but you know, like we say, we all have opinions and it is what it is. I would I would love to see something uh like they the way they developed, you know, around city hall and in Myiramar that those apartments and beautiful development like that. I want to see something like that. And we keep doing these little little ones and it's like a tawando, you know? I want to see some real development, something beautiful, something that we could be proud of. They they're doing it in Dorado, downtown Dorado, those beautiful apartments and everything. Yeah. Okay. We're going to develop. Let's develop. But let's develop the right way. These little pieces, little pieces, little pieces. I I don't like it. I'm I'm sorry. >> I understand. I understand. But unfortunately, >> I'd love to see something more. >> I I understand what you're saying. >> And I understand the rent will be bigger, but you know, we we'll bring in a better quality of people or whatever you want to call it. >> I'm involved with a project now in the city of Sweetwater. It's 104 acres. there's going to be 6,000 units, >> but you have land that is owned by one person >> that they've had forever and ever. Unfortunately, those opportunities don't come around. That I think that's the biggest part though in Date County right now that's owned by one person >> here. And the code the way the code is the structure is it doesn't have any type of requirement that you have to have x amount of land. If not, then we would have be having a different conversation. But this one complies with the code. >> Thank you. >> Thank you, John. Anyone else? All right. No more comments from the board. Anyone in the audience have a comment or question on this item? Remember, this is the we're going to vote on the on the land use first, but we're also covering the um the actual zoning. So, I saw you raise your hand back there. Oh, okay. All right. Well, closes the party public hearing was the pleasure of the board. >> Motion to approve for the land use >> with >> for the land use. >> Yes. >> This one doesn't have any condition. >> Land doesn't have any. >> Yeah. Second. >> Just straight up approval. >> Okay. So, I have a motion to approve the land use by Mr. Ellesia. Second by Mrs. Enriquez. >> Mr. Mason. >> Yes. >> Mr. >> Yes. >> Mr. Yo, >> no. >> Mr. Castanos? Yes, >> Mr. Luchi. >> Yes, >> Mrs. Enriquez. >> Yes, >> Mr. Pettis. >> Yes. >> Motion was approved. >> Okay, land use has been approved. Um, at this point, we're going to close the land use part of the hearing. We've already heard since they're both are sister companion uh applications, we already heard the merits of the planning uh part of the application and uh I will open this one up for comments or questions from the board since it is it's the same address, same deal, but you know it's it's a different application. Comments or questions? Anyone in the audience have a comment or question? Okay. Those are the particular hearing. Uh was the pleasure on the board of from uh planning and zoning item number two. Okay. >> It is recommended approval with condition. There are conditions on it. So >> yes, need a motion. You >> agree with those conditions? Uh sir? >> Yes. Motion to approve with condition. >> Second that motion. >> Okay. So we have a motion to approve with conditions by Mr. Mason, second by Mr. Elesias. Mr. Aua, >> no. >> Mr. Castanos, >> yes. >> Mr. Perez, >> yes. >> Mrs. Centriquez, >> yes. >> Mr. Luj, >> yes. >> Mr. Mason, >> yes. >> Mr. Ellesius, >> yes. >> Motion has been approved with conditions. Thank you. Good night, >> Caesar. Next time tell your uh your boss to buy up a whole bunch of land. That would you know. Oh, >> thank you, sir. Have a good night. >> Item number three, variance permit to allow a rear setback of 3.24 24 ft where 45 ft is required for the legalization of a two-story addition containing approximately 2,327 square ft located on the east side of an existing medical office building. To allow five parking spaces where 21 parking spaces are required to allow two of the parking spaces to be located at the front setback where parking in the front setback is not allowed. to allow the proposed dumpster enclosure to be located five feet from the right of way along West 48th Street where 10 ft is required and to allow the proposed dumpster enclosure to have an interior east side setback of 1 ft where a minimum of 2 feet is required. Property is located at 391 West 48th Street Haley Zoned RO residential office district. applicant manos architect on behalf of Pablo M. Walla and Clara Basini Huri. >> You are close. >> Name and address please. >> Good evening. Manny Rose Architect with offices at 18501 Pinesville sweet 342 Penrook Pines Florida. Welcome to our to the board sir Mr. Casayanos. >> Thank you Manny. Thank you. This property is located on the northwest corner of the intersection of West 4th Avenue and West 48th Street and faces the West 4th Avenue access road. The property has an area of approximately 8,320 ft or 419 acres according to Miami Day County property appraisal records. The current land use designation is residential office and the Sonic classification is RO residential office which are consistent with each other. The neighboring line use and sonic classifications are as follows. Residential office and R O to the north and south, lowdensity residential and R1 to the east and commercial and C2 to the west. The property was developed in 1953 as a single family home. A reszoning was later approved to convert the property into a residential office according to the city ordinance number 81-162 approved on December 22nd, 1981. The most uh recent approved site plan for the property was issued under building permit number B87-114. The site plan reflects a building of approximately 2,300 square ft uh with 11 parking spaces and landscaping. The property received a code violation under complaint number 2022-02348 for work being performed without building permits issued on September 6, 2022, as well as a building violation for a 40-year reertification requirements under case numbers CERT-0000 209-2023 issued on April 19, 2023. These cases haven't uh have not been corrected and the city imposed a lean on August 19, 2024 which was recorded under CF number 2025 0444129 with the Miami day uh county clerks of courts. The property owner has submitted a building permit application to correct these violations under permit number BLC-014896-2024. However, zoning staff provided comments indicated that the alterations performed on the property require variance approvals in order to legalize the work completed without the benefit of a building permit. These soning comments were issued on August 23, 2024. These variance application seeks to resolve the zoning issues related to the work performed without the bene benefit of a building permit and its resulting conditions. The applicant is requesting legalization of an unpermitted attached two-story addition of approximately 2358 square ft. According to the site plan submitted with this application, this addition was constructed on the east side of the property without meeting the required rear setback of 45 ft and instead provided only 3.24 ft of rear setback. Although it is unclear when this addition was completed, aerial imaginary indicates that the construction occurred prior to 2005. Therefore, the addition does not appear to have negatively impacted neighboring properties for approximately the past 20 years. However, the parking requirement has increased to 21 parking spaces while the property currently provides only five parking spaces, two of which are located in the front setback where parking is not permitted. The parking demand of the property has been reflected over time in the use of the site as the green swell areas to the south have been fully paved and utilized for parking. There is also a green swell area to the west that has been used for parking. The applicant has indicated that they intend to obtain an street permit to develop the swell areas in order to properly improve them as parking areas. If the street per if the street department um issues a permit and the work is completed accordingly um an additional five on a street parking spaces will be provided partially mitigating the parking deficiency. Even with addition of on a street parking the project is requesting a parking variance of five parking spaces where 21 spaces are required. The property has been operating with this reduced number of parking spaces for at least 20 years. Therefore, no additional on-site parking is provided at this time. The parking reduction is significant as more than 75% of the required parking spaces are not provided on site. The only condition that could partially mitigate the parking shortage is the ability of open parking along the West 4th Avenue service road where the applicant is proposing to add at least four additional parking spaces. Additional variances are requested to accommodate a dumpster enclosure located 5 feet from the routway where 10 feet are required and with a reduced interior setback of one foot where two feet are required. This request is considered minor and is intended to accommodate existing code requirements. The parking and rear setback variances constitute major requests. However, these conditions have been existing for a considerable period of time demonstrated that the impacts of the reduced setback and parking deficiency has been managed in in practice. Nevertheless, the applicant shall be subject to the following restrictions to mitigate and mortise anamorticide the work completed without the benefit of a building permit. One, submit a declaration of restrictions do requiring that the property be improved in substantial accordance with the plan submitted and prepared by money rails PA sign and seal on January 22nd 2016. The do shall restrict the use of the property to a medical office only. Number two, submit a site plan and concurrency plans to the planning and zoning department within six months following the approval of this application if approved and obtain approvals from the street department to improve the swell areas with parking, curved and gutter and landscaping in substantial accordance with the plan submitted as part of this variance application. Staff recommends approval with conditions. >> Thank you, Manny. >> Good evening. Um I am the new architect on the project. Um there's a discrepancy uh Claudia with information as far as the number of parking spaces that are on the Parkway. I'm very familiar with the project. There's presently 15 parking spaces and we're going to increase to 21 parking spaces in total outside the property. Number one. Number two, that green area in front belongs to the city that will be part of the expansion as one of the presentations that I'll be making right now. I've met three times with Jose, the the streets department director, and he's authorized us as architects and our civil engineers to make the proper corrections on the off-site parking to accommodate whatever it is that we need and we've got his blessing. So, that that will be forthcoming to you eventually on the plans that we submit. So, you would know in in general. Do >> you the chair? Do you want me to address the the comments right now? >> Sure. >> Okay. So for the on a street parking that is a service road. Those are not parking spaces dedicated to this property or to any property. Those are open parking spaces. Um so the increase that you're doing for the four parking spaces, that's the only increase that you are proposing for this property. We know that there is more parking spaces on the swell area, but they are not specifically serving this particular property. >> Right? So there is a clear distinction between what are the parking spaces that you are providing that are required onsite and yes the parking spaces that they are >> I understand perfectly but there's five on on-site parking spaces and outside there were 15 and right now there's 21 in total offsite parking spaces one parallel to 48th street uh which is permissible because we have already checked it with Jose and the our um civil engineer and then we're adding We're reducing the landscape area with the consent of the parking uh division, the streets division to accommodate the other parking spaces. So, in total from 49 street all the way to 48th Street and turning around on 40 on on 48th Street, there will be a total of 20 uh 21 parking spaces and five inside. In total, we'll have 26 parking spaces. But not all the parking spaces, of course, on the Parkway are going to be used by us. are commonly used by the other RORO's which have their own independent parking etc. I just wanted to make sure that that was clear. Okay. Basically um we are the architects that are going to be involved from zero to completion speci specifically on the certification portion of the project. Uh there there was some work done prior to ownership of the property. uh ownership who happens to be my cardiologist. Um he is aware that whatever is on the property he is responsible for. That's why we're on board. We have a lot of experience in certification work that we've be commence and finish. I've already met with the building department with the director and and the code enforcement etc. They've been communicated via email. So they are super happy that we're involved to take care of whatever problem there is. whatever is illegal on the property uh without a permit will be removed. The canvas, the the big sign that he's got on fronting, Fourth Avenue, etc., all that is without a permit. Once it goes through our office, 100% of everything will be done by the book and submit it to zoning and building department. Um, we have uh letters from the owner uh owner's rep, the the lady that runs the office stating the hours of operation. The doctor visits the the office three times a week, two to three times a week. 60 to 70% of the people that visit the office are brought in by public transportation. Uh, and you know, we we I've been there a million times since the last two or 3 months because I'm very involved with with the project. So, I I feel very confident that this will be a very successful project. In addition to that, this past Saturday, I spent 3 hours, three and a half hours walking the whole neighborhood. I knocked on every door and every one of the neighbors within the 500 uh radius is 100% in agreement with what we're they don't have an issue with especially the fellow behind us on the east side. So having said that u this is basically mostly u some parking issues that we will correct and uh a lot of quite a few certification issues that we have a lot of experience on and they will be 100% corrected. So, if anybody has any comments or questions, I'd be more than glad to answer them. >> I I just want to just real quickly for my own information. >> Yes, sir. >> I noticed that on this parking here, you have three different color um sections here. >> Yes. The red the red is a new >> I'm sorry. >> The the color red are new parking spaces, >> right? Um, so if I'm to understand you correctly, the red meaning the proposed the new parking area, >> the yellow being the internal >> Yes. >> um parking area and then the blue the existing offsite that is shared by all the is that >> you're you're basically combining all three areas. >> Yes, sir. >> To to give you the total. Not only that, but that area fronting 40 uh 48th Street, they will not be allowed, of course, to park perpendicular to the street anymore, backing out into the street. So, we'll have one parking spaces and the rest has been designed with a in conjunction with the streets department for the proper uh landscaping, buffers, trees, etc. So, and curve work so people do not park on that area. That's see that that that's what I was leading to because the way it is right now and on the red um on the red square there the red rectangle the new ones >> um everyone is parked in a way where they're going to back out into 48th Street. I know 48th Street is not a very heavily uh traveled area but >> no corner is >> they're not going to back out. They're going to back up 22 ft, hang up, make a right, and and go go uh on 48th Street. They're not going to back out anymore into 48th Street. >> Well, I I I'm just I'm just basing my comments on what you have here, I call it red. >> Yes. >> That they are presently >> Yes. >> through the chair. Yes. >> I'm I'm sorry. And and that's a good point. So, for the record, as a clarification, along 48th Street, the plans are proposing to create curb and gutter. Yes. >> So basically creating on the routerway the the sidewalk per se and it's going to be improved with landscaping. So that condition of the backing out parking and backing out uh perpendicular to the street it's not going to happen because it's going to be a physical impediment over there and over there along 48 is not going it's only one parking space parallel to the street being proposed. >> Okay. Cuz you you know how we all feel about back out. >> Yes. And like I said, I repeat myself, 48th Street is not a heavily traffked area, but that corner there with the service road and uh come on, you know, my people here in Halia, they're >> hey, >> they get they get a little crazy. So, >> so with again, I just wanted to bring that up and thank you for your clarification. >> Any comments or questions? >> Yeah, I according to Manny, it's like that he's got everything straight, but there's some discrepancies in what's in the report or No sir. So just a point of clarification. The site has only five parking spaces. Okay. >> That is why the variance is is a high variance where 23 parking spaces are required and five parking spaces are provided on site. The code requires that all your parking has to be provided within your private property. Okay. So in order to mitigate am I clear with that? I think you said 23, but I think you originally said 21. >> Sorry, 21. 21. So, five parking spaces where 21 parking spaces that need to be on the property. >> Okay. So, that's 0.1. >> That's a big discrepancy. >> That is No, no, no. That is that is the that is the 21, >> right? Exactly. That is the request. So, basically, you are the request is >> for us to allow him to have five >> five parking spaces on his private property. the project, >> but it's a B21. You're saying >> exactly that is the parking requirement that the parking request that they are proposing. Okay. >> It's a reduction of approximately 75% of the parking site. >> That's a pretty big reduction. >> That's big mitigating they are mitigating that shorter that shortage by improving parking on the street. So they are proposing one parking space along 48 street and the improvement of the curb and gutter and then six parking spaces additional parking spaces on the service road where the green area is in addition to what is existing six parking spaces more. >> Okay. Yeah. >> But that is not their parking space. >> That was going to be my next question or my next suggestion where the green area is right here to the south. if that could be improved at that exactly what he's doing. Yes. >> Yes. Also, >> and they've been working like this for x amount >> 20 20 something years. Mr. Also, >> 60 to 70% of the people that go there are elderly people and they're brought in. I've been there. I should have taken pictures to >> Yeah. >> Quickly. >> Thank you. Anyone else? >> Thank you, Claudia. That was a >> Thank you, Claudia. >> Good explanation. More sense. And I and I wanted to point out about that green that extra green area that if you're going to improve that, hey, that's I wanted to create more parking spaces in the corner, but Jose, no, I need to respect 25 ft because it's too close the service road and 48th Street and 4th Avenue making a I mean it and I said, Jose, you know, I'm happy with you agreeing with me taking some spaces. And he was very thrilled and happy that that at owner's expense, all that's going to get improved. Okay. Anyone else? >> Anyone in the audience? >> Okay. Goes to the public hear with condition. >> Second that motion. >> Motion to approve with condition by Mrs. Enriquez and second by Mr. Rio. >> Mr. Luich. >> Yes. >> Mr. Castayanos. >> Yes. >> Mr. Perez. >> Yes. >> Mr. Mason. >> Yes. >> Mrs. Enriquez. >> Yes. Mr. Egles. >> Yes. >> Mr. Oa. >> Yes. >> Motion to approve with conditions. >> Thank you very much. >> And I I promise everybody because that's the way I am. I'm going to be involved from zero to completion especially on the certification process which is very important. So the building department is happy all the way through. Thank you very much. >> Thank you sir. >> Thank you. Thank you. Item number four, special use permit SUV to allow a Lowe's home improvement store to establish an outdoor storage area for bulk materials and equipment on the east side of the existing building within an area currently utili utilized for parking. Variance permit to allow the proposed outdoor storage area to be enclosed by a 12- foot high tubular steel fence where an 8 foot high masonry wall is required and to allow 1,552 parking spaces where 1,611 parking spaces are required. Property is located at 1650 West 37th Street Hyalia Zoned M1 Industrial District. Applicant CPH Consulting LLC on behalf of Lowe's Home Center LLC. >> I need a representative to identify yourself, please. >> Sure. Uh >> um I don't think you were sworn in. >> No, I was just about to say that. I'll go ahead and uh say my name is Jason. >> Raise your right hand. >> Sure. >> Do you swear or affirm to tell the truth before this board? >> Yes. >> Thank you. name and address, please. >> Uh Jason James, uh CPH, uh 1992 Southwest First Street, Miami, Florida, 33135. I'm the engineer of record on this project. >> Okay, thank you. She'll read it into the record and we'll open the floor. Sure. >> The subject property is located at 1650 West 37 Street in the city of Halia and has an industrial land use designation and is currently zone M1 light manufacturing district consistent therewith. The site is developed with a loads uh Lowe's home improvement retail warehouse facility which serves both residential and commercial customers and include associated parking areas, loading docks and landscaping buffers. The property forms part of the Miracle Mile shopping center which is also included at Target store and other commercial uses. The applicant is requesting an spe a special use permit to allow the establishment of an outdoor storage area for bulk materials and equipment on the east side of the existing Lowe's building within an area that is currently utilized for parking. The proposed outdoor storage area will be enclosed and utilized by the store to maintain raw material, equipment, and b merchandise associated with the retail operation. The applicant is also requesting a variance to allow the outdoor storage to be enclosed with a 12- foot high tubular steel fence where the city code requires an 8-ft menory wall for outdoor storage enclosures. The applicant indicates that the tub tubular steel enclosure provides adequate security while allowing visibility for safety and operational monitor within the storage area. The proposed outdoor area um outdoor storage area will include a secure access gate intended for staff and delivery vehicles only. This improvement will allow the business to properly organize and store bulk material that is currently kept outdoors and visible to passing motories along West 16th Avenue. To mitigate visual impacts, the project is to incorporate landscaping screening along the west uh 16th Avenue frontage. Shrubs planting will be installed to provide buffering between the storage enclosure and the public rideway softening the visual impact of the structure while maintaining uh the overall appearance of the corridor. The project will result in a reduction in the number of parking spaces available on site. The proposed improvement will reduce the parking supplied to 1,552 spaces where 1,611 parking spaces are required under the city parking regulations. The total parking count of 1,611 parking spaces included the rideway dedication during the redevelopment of the shopping center according to plans approved for redevelopment dated March um 5, 2002. The rideway dedication um reflected approximately 225 parking spaces. To support the request uh the requested parking variance, the applicant sub submitted a parking generation analysis prepared by CPH LLC which evaluated parking demand for the Lowe's and Target stores located within the Miracle Mile shopping center. The analysis determined that the combined retail uses currently provide 1,41 parking spaces and the proposed site modifications uh will result in 1,341 parking spaces remaining available. meaning the removal of 60 parking spaces toward the southeast area of the property. According uh to the IT parking generation handbook, uh shopping centers greater than 150,000 square ft typically generate a peak parking demand of approximately 2.43 spaces per thousand square feet with an 85 percentile demand of approximately 3.08 spaces per thousand square feet. Field observations conducted over multiple days indicated that the maximum observed parking occupancy range between 38% and 42% of the available parking with peak demand occurring on Saturday afternoon. Based on these findings, the study concluded that the existing parking supply significantly exceed actual parking demand for the shopping center. Even with the proposed reduction in parking spaces, the remaining parking supply will continue to adequately accommodate customer demand without negatively impact parking availability. Overall, the proposed outdoor storage enclosed represent a functional operation improvement to the existing Lowe's facility by relocating material that currently stored uh outdoor into a designated and secure area. The proposal will improve site organization and reduce vis visual clutter along um adjacent roadways. They requested a special use permit and an associated variance are consistent with the operational needs um of the existing retail facility and are not expected to create adverse impacts to surrounded properties. Additionally, the parking study demonstrate that the reduction in parking spaces will not negatively affect parking availability for customers or employees of the shopping center. Based on these findings, staff recommends approval of the special use permit and an associated variance with the subject uh conditions with the following conditions. Uh the applicant profer profers a declaration of restriction stipulating the restriction of use of the outdoor storage area which shall be limited to materials and equipment associated with the operation of the Lowe's home improvement store and shall not be used for unrelated outdoor storage included that the project shall be developed in accordance with the plan submitted by this with this application prepared by CPH engineers submitted in January 26, 2026 and the outdoor storage shall have the proper lighting and landscaping buffers along West 16th Avenue and all the required permits and approval from applicable city departments and outside agencies shall be obtained prior issuance of any building permits. Um recommendation approval with conditions. >> Thank you. I have one question here. >> Sure. >> I'm trying to look it up here. I'm very familiar with the store. I mean, >> who is it? You know what I used to be there before? >> Yes, I do. I visited there many times back in my day. Highly Speedway. >> Yes, sir. >> Yeah. Yeah, they had great uh popcorn and hot dogs. I remember a lot of uh I think the the best part was >> when they would do that uh the demolition derby at the end. >> Yes, sir. >> I feel like that was the best. >> Run what you brung and figure eight and that whole thing. >> Okay. Anyway, uh >> I'm trying to visualize um where you're planning to uh to do this um >> to do this enclosure. Is it is it going to be like right along 16th Avenue? >> Yes. Yes. So, yes. Yeah, it's going to be along that that side of the side, right? >> So, from from where the the actual building is? >> Yes. >> Uh on 16th Avenue to the south. >> Yes. >> Uh to the back of the building or is it going to be like right on the 16th Avenue or? >> Yeah. So right now actually the the uh the store actually has this the same type of storage outdoor storage with the same type of stubular uh tubular steel fencing. Um the only thing is it's kind of limited. It kind of extends I would say it's on the south side. I'd say on the southeast corner of the building, but it doesn't go beyond the wall, right? The the eastern facade, which is what you would see if you're looking from west 16 uh you know westward to the property. Now, what it's going to do, it's kind we're going to continue that that steel fencing all the way around the curbing of where you see those that set of parking. I don't know if you're looking at a Google aerial or something like that. Um or street view. It's going to take that side of the building and not extend past the you know the front of the store. So, um right now that that's kind of like a very I would say a dead zone if you were to go out there. Customers don't park there. It's not really ideal. Um >> no, I'm just >> things like that. Um but that that's kind of the extent one extent. >> I know the store. I'm sorry. I thought it really well or less what uh Home Depot has at >> more. There you go. You know, somebody another competitor figure it out. I'm sure they uh >> same thing. >> Yeah. Works for them. Why not for them? >> You're going to be able to use all that space that is them. Nothing going on there. >> That That's absolutely correct. And I think what Claudia pointed out is that, you know, um her staff, it's great working with her staff. we were able to work with the city's uh traffic consultant just to give that assurance that, you know, we're not taking away um or taking anything or or from the customer experience, so to speak, because that's very important to Lowe's. Um this area is really meant for the Lowe's pros customers. However, they they still value obviously the regular, you know, resident like myself who goes and they're not taking away a prime area. It's really an underserved underutilized area of the property um for for facility. So anyway, the question I had is because >> like I said, I'm very familiar with the with the property. I just I've never had the the opportunity to go into that secure area in the >> in the souththeast storage area corner of the building. >> So again, just to reiterate, your your idea is to go along that that parking lot uh heading north south. Yes. Yes. >> On the east side of the building along 16th Avenue and kind of like complement that the little cut in >> correct >> heading west in the in the rear. So that go >> I I will say what we're not going to interrupt is u if you see the rear entrance right um on the south that the we're not going to interrupt that. There's going to be free flowing uh through there. So the fence won't interrupt that. So customers who happen to come in there um you know they won't they they'll be still be able to wrap around the building but customers really don't access that. That's really like a truck route. Um you know this this um this facility they do have a shared cross access agreement with Target. So there's certain things they have to preserve, right? It's not just our truck loading and how we use the the property. It's also thinking about you know what the the the neighboring um facilities. So all that's going to be open. Um we're not going to impede anything with fire or anything like that either. Um from that perspective. >> Yeah. Because you know 16th Avenue can get to be very uh very busy. >> Absolutely. >> Okay. That's those are the questions I had. Any anyone else? >> Um >> thank you. >> Are is it being proposed for them to add more vegetation, more oaks? Uh yes, along the landscaping to be improved along the west 16th Avenue. Um >> but anything specific because right now there's seven about seven of them. One's kind of dead. >> Basically what we wanted to see is bush bushes and landscaping because of that it will mitigate not only trees. So that will be mitigating the fencing, you know, closer to the sidewalk. >> Yeah. Because bringing up Home Depot, I wouldn't want it to look >> like Home Depot. >> Like Home Depot. >> Yeah. That's a good point. I'm have to pass by Home Depot and see what to not look like. >> Well, I don't Ricky, are we able to screen share my screen? >> And and while he's doing that, I mean to to our point what we've done, um actually we we also do landscape architecture as well in house. Um so our we already have an arburous assessment of those existing trees that were out there. Um, so any pruning that needs to happen, any adjustments that need to happen, we kind of already know, we actually not kind of, we know what the existing conditions are and staff has already expressed the the desire to to create some type of hedge along that just to help with the screening. >> That's what Home Home Depot looks like. >> Not yet. Wait for it. >> You have to share on the share. >> Go to zoom and and share your screen. Little more. >> Is this the Home Depot on West 49? >> Yours. That one. >> Is this the Home Depot he's talking about? >> That's just a bad example. >> Oh, okay. >> So, we wouldn't want to recreate that again. >> I got you. Well, I I I can say just just based off of that um you know that Well, yeah, that's pretty intense. The the I'd say the benefit of our existing condition is that there's already a significant buffer. Our buffer I could tell you is probably two, three times that set back from the street so it doesn't give you that feeling of a prison or something like that that's right on the street. Um, but we want to enhance that. It's not just having that natural buffer and leaving it the way it is. It's also looking for opportunities to kind of, you know, improve on it. And hedging right now seems to be the the kind of the solution. However, we still have to go through permitting. Uh so I know you know we're saying this is what we're starting with but if something comes up during that permit process well we need to accommodate you know the city's uh request then you know Lowe's is definitely open to to going beyond that if necessary but right now screening um with with hedges is what we discussed at this stage >> what's the max height that um they could do for the fence >> the maximum that they can do actually the code has a minimum of eight feet for this type of storage outside and they're proposing 12 >> and it's supposed to be uh really the goal is to kind of again since there's already an existing condition. The goal is to try to like meld with that as much as possible so that you know we're not looking to go skyhigh or anything. It's just to match what's more or less the same height that's out there cuz on page C9 I saw that there's an elevation of the tubing of 20 ft. >> Oh, I can tell you what you're looking at is a typical detail. So that is a typical detail and you know I appreciate you pointing out that um that's not the intent. Um actually on the um on the proposal right now where we're showing uh we actually specify 12 ft high along uh along 16th itself. There may be an area there where 16 ft but this is already this is already kind of beyond what the street would say. This is kind of internal closer to the building. Um, you know, so you know, you're not going to uh see that maximum height from the street. What you're going to see from the street or um I guess from the pedestrian level is 12 feet up. >> Okay. >> But I but yes, we can uh we can make you know to make that adjustment because it's a typical Lowe's detail, but we what we can do is modify that so by the time we get in permitting um you know it matches what you know what our intent is. >> And through the chair just to clarify the record. >> Yes. Um, also lighting is very important for that area. Okay. So, one of the conditions that we ask is that you improve lighting outside in that storage area. And of course, the landscaping buffer is a condition for the approval. >> You can say lighting or light uh >> lighting. Lighting light. >> Yeah. You meant like a like a tarp. >> No, no, no. Lights. Lights. >> Okay. Yeah. Lighting. And I think uh you know I think uh there was a situation I would say uh recently where um there was a timing issue with the lights where it wasn't coming on because the the time change. Um and then also staff did make us aware um you know that it could be improved and so Lowe's has already been proactive about it. Um they already have a a kind of a separate side project where they're actually going to uh be applying to upgrade the the head the fixture heads in that area. So you're going to get you know automatically through that project LEDs. Uh but if it's something that we need to make sure that we address, if you're saying it's part of the condition um of this permit, we'll make sure that we can kind of roll that into this project. Um just get it, you know, get it situated now rather than later. >> Yeah. Can you um Claudia, can you kind of like jot down all the conditions that uh that way that way we can kind of like go over with the applicant and make sure that we're both on the same page. While you do that, I believe uh Mr. Casayan had a had a question. >> I did, but he answered it. It was uh if they're going to block that rear entrance because then it would reroute all the truckings uh coming in. >> Yeah. Well, that rear entrance does share with Target. So, you can't you can't block it. >> That that whole parking lot there is is extremely dark on a regular basis, >> especially that backside. So, lighting is is going to improve it big time. >> Understood. >> Thank you. >> So, just to reiterate the conditions. So, the applicant um it's to profer a declaration of restrictions. So a legal document where we're going to list all this condition. Um it's to restrict the use of the outdoor storage area. >> Okay. >> Uh which shall be limited to materials and equipments associ associated with the operation of Lowe's home improvement store and shall not be used for any other other unrelated outdoor storage. Um the project should be developed accordance to the plan submitted with this application uh prepared by CPH engineer submitted on January 26. The outdoor storage area shall have the proper lighting and landscaping buffer along West 16th Avenue and all the permits and approvals from applicable city departments and outside agencies shall be obtained prior the issuance of an building permit. >> This include the maximum height on the fence there >> and the maximum height of being 12 ft. >> Well, you know, I do again I there is a section where again not from the street side where it will be 16 ft. It's kind of on the interior um closer to the building, closer to where the the operations are, I would say it's on the southeast corner of the building, but that's a very very very small uh section. So, if it's possible, if um our intent is not to to make it 6 ft um you know, closest to the street, but if we can uh just the the approval condition that it could be a maximum of 16 ft um you know, understanding that the plan is to, you know, have 12 feet on the street side. So for clarifications, so the maximum of 12 ft towards the north, east and south elevations. >> That's fair. >> Maximum of 12 ft along north, east, and south. >> Yeah. >> And 18 ft. >> It It says 18 or >> it's It's actually 16 ft high by 18 ft wide. Got >> that. That's what our intent is. 16 ft along >> west elevation. >> That's fair. >> Okay. Anyone else? >> No more comments or questions? No one else in the audience. Uh was the pleasure of the board. >> Motion to approve with conditions. >> Second that motion. >> Okay. So I have >> with conditions >> I have a motion to approve with conditions from Mrs. Enriquez and Mr. Roya. >> Mr. Mason, I'm so sorry. And second by Mr. Elesias. Mr. Castayanos. >> Yes. >> Mr. Pis, >> yes. >> Mr. Mason, >> yes. >> Mr. Egles, >> yes. >> Mrs. Enriquez, >> yes. >> Mr. Luch, >> yes. >> Mr. Roya, >> yes. >> Motion has been approved with conditions. All >> right. Thank you everyone. Have a good evening. >> Miscellaneous items not requiring advertising old business. >> I I have a question through the chair. >> Yes sir. Um a while back ago we discussed having emails through the city instead of having our own personal emails for these uh the the things the package that we made said. I don't mind it in my personal email, but I think it's the security thing. I don't know, maybe for the city >> through the chair. >> Yes. >> Uh since we have uh the opportunity to have our IT director, he is saying that it's okay to provide you with city email. >> We can regard as far as CI for the city 51 Palm Avenue. We can definitely get that set up. We've had that discussion in the past. Um if Clyde is on board, we can definitely get that. The only question that I have is will those city emails be applicable to my personal phone? Because if they are, then my phone becomes public record. So the way we will provide you access to them, we will still be in control of the public record side of it and we will be the ones providing it. We archive all all emails that come in and out to the city. >> Okay. So, do we are we on the right page on the same page here? Because >> I'm just trying to avoid >> that your phone be taken >> down the street three months from now has an issue with the city or with anything and they say, you know, I want to subpoena your records from your phone. And then my personal phone becomes >> record. So the reason and and and it's the reason to give you a city email is because I am in control of your city email. >> All public records would run through my office in order to provide them to you. >> Okay. >> Hence it's a plus. Now the way it's structured right now technically >> if there's a public record they would ask you for the records. >> They're ask for what? >> They would ask you for the records, not me. the way it's structured right now where you get everything to your to your personal >> the way public records work is if it's public business or not irrespective of whether it's going to your personal email or whether it's going to the city email. So if something goes to your personal email and it is city business then it is it is a public record. If it is not it is not a public record and is not subject to disclosure. This would make it just easier to be able to segregate >> what is public and what is not public. >> Okay. Because right now as it stands, we get we get an email usually on Friday or something with the with the packet. You know, back in the day, we used to get an envelope and all of that. It was all beautiful. Um and and on the email, it's it's your right here. What you just what you just brought up it. So, it's basically the the the dasis for tonight. That's she emails that to us on our personal email. Is that also going to become public record? >> So the email itself that you receive is a public >> the email. >> Correct. >> Okay. >> I have the attachments and anything within that email. >> So now question number two, are we supposed to retain those emails? Because once I open I kill them, delete them. >> We we have all those emails. So we >> have the sending >> in any public record request. We will be the ones providing them. >> Okay. Okay. Same thing with >> Same thing with them. That is correct. >> Ballers on your court, man. >> Yeah, I think it's I think it's best doing it that way. I just I just wanted to make sure because I'm >> listen I'm not an attorney so consult an attorney if you need to but >> well I'm giving you my two cents on how we handle it from the city side of right I I handle that for all employees that get a city phone >> I handle it for all city mail period >> okay >> so >> so I mean and the reason I'm asking is because you know it's bad enough though you know >> our financial disclosure and all of that is public record and uh never had a problem. But um >> but but again any any communication regarding city business is a public record >> right >> at any point in time but basically it will be up to you to provide those records not >> from an email perspective. Yes. >> And I think going forward if you have a city email and if you're able to do that it will be uh easier. >> Yes. for the city to control, you know, and be able to respond to public records. >> Okay. So, come next month or whatever, whenever you get it approved by the powers that be and we come to see you and get it installed, we can install it on our phone and we can just >> do our thing. >> More than likely, I'll meet you guys here. I'll have somebody here. That way, they can just set you guys up if you choose to do it that way. Or if you want to access it online, you can do that as well. >> Sounds good. >> One day, it's all right. >> It'll be easier. >> Hey, you know, you got to earn your pay. No comment. I'm sorry. You >> I'm sorry. I just I had to throw it. >> Oh, well. >> Anyway, thank you. No problem. Do anybody has any question for Okay. So, that's all business. Okay. New business. >> Well, new business. I'd like to welcome a new board member. Just um >> Thank you. >> I hope you have fun tonight. >> So, >> it wasn't full, so I wasn't worried. >> Huh? >> It wasn't full, so I wasn't worried. >> You got it easy today. >> Oh, you got Are you going to You're going to a few good ones. Don't Mark my words. >> Um Yes. Just want to say thank you for Mr. Mason. Uh tonight is his last meeting, so >> I'm sorry. >> Yeah. Yeah. >> Oh, well. Oh, I'm so sorry. So, >> surprise. Surprise. We were talking about that in the parking lot. Yeah. >> So, thank you. >> Okay. Well, >> okay. >> Well, you will be definitely missed. It's been a pleasure, guys. You will be missed. We'll be missed, brother. All right. Anyone else? Any journ. All righty. Let me close this.