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2022-10-18 Minutes1 MEETING MINUTES OCTOBER 18, 2022 6:30 PM 9617 PARK DRIVE 1) CALL TO ORDER Vice Mayor Marinberg called the meeting to order at 6:39 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Vice Mayor Daniel Marinberg Mayor Sandra Harris joined the meeting via Zoom due to medical reasons. ALSO PRESENT: Village Attorneys Sarah Johnston and Chanae Wood Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) ORDER OF BUSINESS There were no changes to the order of business. 5) PUBLIC COMMENTS Robert Menge spoke about the alleged haste of the comprehensive plan amendment process and asked for additional public engagement. Ian Peter Hosfeld opposed the comprehensive plan as presented. Sarah McSherry spoke in opposition to the comprehensive plan as presented. Bob Domlesky asked for clarification with respect to the comprehensive plan. He spoke in opposition to the comprehensive plan. 2 Ronnie Guillen spoke in opposition to the comprehensive plan as presented. Darci Cohen spoke in opposition to the comprehensive plan as proposed. Alisha Magnum spoke in support of reducing the height restriction back to three stories and removing the moratorium. John Dunlap spoke about abuse of power and spoke in opposition to the comprehensive plan as proposed. Erin Halloran spoke in opposition to the comprehensive plan as proposed. Cynthia Herbst spoke in opposition to the comprehensive plan as proposed but spoke in support of gradual evolution. Maria McGuiness spoke about the oath taken by the elected officials. Jerome Charles spoke about an alleged conflict of interest due to Vice Mayor Marinberg’s involvement with Deco Capital Group. Mary Killeen spoke in opposition to the comprehensive plan as proposed. Jason Alderman spoke in opposition to the comprehensive plan as proposed Nancy Dowson spoke in opposition to the comprehensive plan as proposed. Becky Martinez spoke in opposition to the comprehensive plan as proposed. Janet Goodman spoke in support of the Village Council removing the gas station prospect at Biscayne Boulevard and 105 Street during the October 6, 2022 and spoke in opposition to the comprehensive plan as proposed. Carole Eannace Respondek thanked the Village Council for removing the gas station prospect at Biscayne Boulevard and 105 Street and spoke in opposition to some of the elements contained within the comprehensive plan as proposed. Kristy Johnson spoke in support of the comprehensive plan as proposed. Anne Camille Hersh spoke in opposition to the comprehensive plan as proposed. Juan Pablo Ortega spoke in opposition to the comprehensive plan as proposed. Kira Charles spoke in opposition to the comprehensive plan as proposed. Ron Kurtz spoke in opposition to the comprehensive plan as proposed. Pablo Arrieta spoke in opposition to the comprehensive plan as proposed. Laura Reynolds spoke in support of the comprehensive plan. Dennis Peña spoke about conflict of interest. Lou McSherry spoke in opposition to the comprehensive plan as proposed. 3 William Quinlan spoke in support of the comprehensive plan as presented. Jesse Valinski spoke in opposition to the comprehensive plan as proposed. Billy spoke about equality and spoke in opposition to the comprehensive plan as proposed. Marianne spoke about the importance of compromise. Matthew Alton spoke in opposition to the comprehensive plan as proposed. Denise Aloise spoke in opposition to the comprehensive plan as proposed. Brian Finney spoke about the importance of establishing a comprehensive plan that controls development. Perry Alexander spoke in opposition to the comprehensive plan as proposed. Leo DeLaRosa spoke in opposition to the comprehensive plan as proposed. Ms. Lalanne spoke about recusal in the event of a voting conflict. She further asked about the impact of density with respect to police response and other village resources. Trina Krispin spoke about the petition collection efforts and spoke in opposition to the comprehensive plan as proposed. Daiana Quiceno spoke in opposition to the comprehensive plan as proposed. Village Clerk Rodriguez read eComments into the record. Vice Mayor Marinberg called for a recess at 8:26 PM. The meeting resumed at 8:40 PM. 5) CONSENT AGENDA Village Clerk Rodriguez read the caption of the consent agenda. Councilmember Burch moved to approve the Consent Agenda and Mayor Harris seconded the motion which carried a 4-0 voice vote. (Councilmember Wagar was not present at the time of voting.) 6.A APPROVE MODIFICATION TO LOBBYIST CONTRACT WITH THE SOUTHERN GROUP (STAFF: VILLAGE MANAGER) PASSED ON CONSENT. 6.B APPROVAL OF THE OCTOBER 6, 2022 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). PASSED ON CONSENT. 7) ORDINANCE(S) ON FIRST READING 4 7.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP (FLUM) FOR PROPERTIES LOCATED IN MIAMI SHORES VILLAGE; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Ms. Silvia Vargas and Mr. Alex David, Calvin Giordano & Associates urban planning professionals, delivered a presentation and answered questions posed by the Village Council. Mr. David spoke about the preliminary concurrency study based on +359 dwelling unit. Vice Mayor Marinberg opened the public hearing. Mike Allen requested the rights of Barry University to be restored and for the land designation to be changed. Maxwell Sturman spoke about putting Miami Shores first and asked for the comprehensive plan to be tabled until further studies, engagement, and data have been attained. Maria McGuiness spoke in opposition to the comprehensive plan as proposed and asked for the item to be tabled until further data and studies have been conducted. Kim Flower spoke in favor of the proposed comprehensive plan due to its impact on the downtown district businesses. Jay Weaver asked Ms. Vargas to provide clarification with the original proposed dwelling units versus the currently proposed dwelling units, the before and after projected population growth, and square footage on commercial development (before and after). Bekky Leonard spoke about the importance of maintaining the charm of the Village and proposed using vacant land as park space. She further spoke in opposition to the comprehensive plan as proposed. Veronica Sutherland spoke in opposition to the comprehensive plan as proposed. John Moore thanked the Village Council and staff for the presentation. He further spoke in support of the proposed comprehensive plan. Brandon Spirk spoke about how subdivision of properties language has not been included in the comprehensive plan. Elizabeth Cowan spoke in opposition to the proposed height restriction on NE 2nd Avenue. Manny Hadad read an eComment into the record, opposing to the comprehensive plan as proposed. Patricia Cocchi spoke in opposition to increased density. Lynn Franzosa spoke in opposition to the comprehensive plan as proposed. Connie Nappier spoke about misinformation and spoke in favor of small-scale development. 5 Linda Schwartz asked Ms. Vargas for clarification regarding the term “trips” and increasing height restrictions. Andrew Bellinson spoke about the need for additional clarification regarding the item. Mike Carney spoke in opposition to the comprehensive plan as proposed. Paul Majoros spoke about the lack of transparency regarding the comprehensive plan. Dennis Leyva spoke about the importance of focusing on the correction of the older comprehensive plan. Collin Worth spoke in opposition to the comprehensive plan as proposed. Kathy Shorr spoke in opposition to the comprehensive plan as proposed. Vice Mayor Marinberg closed the public hearing, seeing no speakers approach the lectern. Village Clerk Rodriguez read eComments into the record. Vice Mayor Marinberg requested a 5-minute recess. Councilmember Burch proposed the following changes to the comprehensive plan: - End the moratorium and move on to the next comprehensive plan which is due in July 2023. - Downtown District: Remove density and keep the floor area ratios (FAR), remove the proposed height restriction for the downtown district. (Currently, three stories are allowed). Attempt to add vested rights for 9705 NE 2nd Avenue (downtown). - Barry University: Remove proposed density and FAR for the mixed-use neighborhood near Barry University and add a cap of 10 dwelling units per acre. - 105th Street & Biscayne Boulevard: Return the multi-family residential zoning to 10500 Biscayne Boulevard and work on the zoning code with resident input prior to the review of the Comprehensive Plan. Councilmember Burch further mentioned the use of parking lots as buffers and the importance of working on a Parks Master Plan that does not include the golf course as part of the allocation of green space. Councilmember Wagar asked various questions regarding the comprehensive plan process, specifically as it relates to public notice requirements. Village Attorney Johnston answered in the affirmative with respect to the Village’s compliance with Florida Statutes. Vice Mayor Marinberg spoke about the land use designations for parking lots. Vice Mayor Marinberg further asked Ms. Vargas to clarify the questions posed by residents, such as the definition of trips, language concerning subdivision of lots, and additional questions posed by Mr. Weaver. Responding to Vice Mayor Marinberg, Ms. Vargas clarified the intent is to prohibit subdivision of lots; however, such language was inadvertently omitted from the proposed comprehensive plan. Vice Mayor Marinberg further spoke about the importance of addressing non-conforming properties. Responding to Councilmember Saint Fleur’s inquiry regarding the number of comprehensive plan meetings held by Village staff, Ms. Vargas indicated approximately eight (8) public meetings have been conducted. 6 Vice Mayor Marinberg indicated that none of his professional and personal investment ventures are associated with Miami Shores Village. He further stated Greenberg Traurig LLP employed him nine years ago. Responding to Vice Mayor Marinberg’s inquiry regarding voting conflicts of interest, Village Attorney Johnston explained if there is no pecuniary gain or loss, there is no voting conflict. Thus the elected official must vote. Vice Mayor Marinberg clarified the only change from the 2010 comprehensive plan text and future land use map (FLUM), notwithstanding the inconsistencies, is the Downtown District. The other proposed change, which has been eliminated for consideration, is the Biscayne Boulevard corridor. Ms. Vargas explained proposed density in the land use designations is required per Florida Statute and thus a cap establishes density. Councilmember Burch advocated for a cap of 10-16 dwelling units per acre for the property near Barry University. Alternatively, Vice Mayor Marinberg proposed the density cap of a multi-family land use designation. Mayor Harris asked the Village Council to focus on the inconsistencies in the comprehensive plan text and FLUM in order to proceed with the agency review process. Councilmember Wagar proposed deferring the item to a future meeting given the number of concerns raised by residents. Discussion ensued regarding the prospect of deferring the item to a future meeting to allow for additional public notice and engagement efforts. Vice Mayor Marinberg moved to defer the ordinance on first reading to the November 1, 2022 Village Council Meeting. The motion failed due to a lack of second. Councilmember Saint Fleur moved to defer the ordinance on first reading to the December 6, 2022 Village Council Meeting and Councilmember Wagar seconded the motion. Vice Mayor Marinberg indicated he would not be present for such meeting. Mayor Harris proposed a friendly amendment to the motion, asking for the Biscayne Boulevard corridor discussion to be revisited at such meeting. The proposed amendment failed due to a lack of second. There being no further discussion, Vice Mayor Marinberg called the question and the motion carried a 3- 2 voice vote. Mayor Harris and Vice Mayor Marinberg voted in opposition. 7.B AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY MODIFYING APPENDIX A, ZONING, ARTICLE IX, ADMINISTRATION, SECTION 906, ISSUANCE OF DEVELOPMENT ORDERS TO PROVIDE FOR EXPIRATION AND EXTENSION OF DEVELOPMENT ORDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Ms. Hasbun provided an overview of the item and answered questions posed by the Village Council. Vice Mayor Marinberg opened the public hearing. Village Clerk Rodriguez read eComments into the record. 7 Vice Mayor Marinberg closed the public hearing as one present approached the lectern. Councilmember Burch moved to approve the ordinance on first reading and Councilmember Wagar seconded the motion, which carried a 5-0 voice vote. 8) MANAGER'S REPORT No report 9) ATTORNEY'S REPORT No report 10) ANNOUNCEMENTS No report 11) VILLAGE COUNCIL COMMENTS No comments. 12) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 12:42 AM.