Loading...
2023-09-11 Special Meeting Minutes1 COMPREHENSIVE PLAN SPECIAL MEETING MINUTES SEPTEMBER 11, 2023 6:00 PM 9900 NE 2ND AVENUE 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:02 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Councilmember Jerome Charles Councilmember Sandra Harris arrived at 6:22 PM. Councilmember Daniel Marinberg Vice Mayor Jesse Valinsky Mayor George Burch ALSO PRESENT: Village Attorney Susan Trevarthen Village Attorney Chanae Wood Village Attorney Sarah Johnston Village Manager Esmond Scott 4) PUBLIC COMMENTS Alice Burch announced Kennedy Kids Foundation 5K event at Constitution Park in honor of Sienna Alvarez-Coia. She further announced the passing of Darlene Levasser, Omar Cazzola’s father, and Mary Lou Gravitt. Janet Goodman asked Council to consider adopting a Conflict of Interest policy. Maria McGuiness asked the Council to consider the following: 2 Adopt the recommendation of the Planning and Zoning Board to eliminate the mixed-use residential institutional designation, Objective 11, Line 944, should be replaced with community residential to identify buried land that's under a memorandum of understanding with Lennar for 13 dwelling units per acre, add back the institutional designation to identify Doctors Charter School as well as a podiatry school on that land. She further asked Council to reject all three options presented by staff in response to the Planning and Zoning Board's directive about the Live Local Act and what could be done. Carter McDowell, legal counsel to Barry University and Lennar, spoke in support of the language accepted and recommended by the Planning and Zoning Board. Village Clerk Rodriguez read eComments into the record. 5) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING Claudia Hasbun, Planning and Zoning Director, introduced the item and answered questions posed by the Village Council. Ms. Hasbun indicated the staff report is reflective of the Planning & Zoning Board (P&Z) discussions, Village Attorney review, and comments from external agencies. In light of the P&Z board asking staff to provide the Council with a series of options, Ms. Hasbun sought Council feedback regarding said options (attached hereto as Exhibit A). Ms. Hasbun also noted a list of grammatical errors outlined in the exhibit circulated to the Village Council. Ms. Hasbun clarified additional options not outlined by the P&Z Board may be proposed by the Village Council for consideration. Responding to Councilmember Marinberg’s question regarding why the Village may run the risk of noncompliance if it pursued Option 2, Ms. Hasbun indicated information, such as population projection areas, should be reflected in the comprehensive plan. Responding to Mayor Burch’s inquiry regarding the designation of the Barry University Podiatry School, Ms. Hasbun clarified there is a carve out for the Podiatry School and Doctors Charter School to maintain its institutional land use designation. Vice Mayor Valinsky asked Ms. Hasbun whether the P&Z Board provided specific language to staff regarding the options or its recommendation. Ms. Hasbun responded in the negative, clarifying the board requested staff to provide credible alternatives in hopes of discouraging potential developers from leaning on the Live Local Act. Councilmember Charles recommended the Council vote on the proposed ordinance and, at a later date, the Council, along with residents, and the Local Planning Agency, work on an ordinance that would address the Live Local Act. Village Attorney Trevarthen clarified the Live Local Act takes effect whether the Village has an adopted ordinance or not. In other words, the proposed ordinance does not prevent the Act from taking effect. Ms. Trevarthen explained the reference to a potential ordinance concerning the Act developed out of a discussion with the Planning and Zoning Board given that some cities view it as beneficial to have an ordinance addressing the Live Local Act. However, Ms. Trevarthen expanded on what would be deemed permissible, which is an ordinance that creates more certainty about the meaning of commercial, industrial, and an administrative review process when there's no public hearing. The P&Z Board wanted to preserve the public's role in the approval process. 3 Vice Mayor Valinsky advocated for the Council to focus its attention on addressing the inconsistencies. He further supported the changes proposed by the P&Z Board. Vice Mayor Valinsky moved to adopt the ordinance, including Option 2, P&Z Boards comments (with the exception to the comments related to restricted commercial and general commercial), and the list of corrections. Councilmember Charles seconded the motion for discussion. Councilmember Marinberg raised procedural concerns regarding the revised ordinance advancing to second reading instead of revisiting the ordinance on first reading given the scope of proposed changes included in the latest version. Councilmember Marinberg further expressed concern about the external agencies not reviewing the proposed changes that were made after the first reading passed. Councilmember Marinberg addressed concerns regarding the potential conflict of interest raised by a resident, citing Miami-Dade Commission on Ethics opinions. Councilmember Marinberg asked whether sufficient data analysis and studies have been conducted given the proposed changes, citing previous public comments offered by residents who asked for more data analysis. Discussion ensued regarding conflict of interest allegations amongst current Council members. Councilmember Harris asked for Council to consider deferring the ordinance until the allegations are investigated and the Miami-Dade Commission on Ethics provides an opinion. Regarding Single-family Residential: Lines 218-219: Councilmember Marinberg proposed a friendly amendment, modifying the single-family home range to a maximum of nine (9) dwelling units per gross acre. Vice Mayor Valinsky and Councilmember Charles accepted the amendment. With respect to Line 223, Mayor Burch asked the Village Council to consider whether the existing language should remain as written, specifically as it relates to single-family properties. Village Attorney Trevarthen indicated if it's not the desire of the Council to override the zoning ordinance, the Council would need to consider alternative language to the existing language. Ms. Trevarthen proposed a carve- out, specifying that in single-family zoning, you could have further subdivisions of the large lots as long as the resulting lot is no smaller than 12,500 square feet plus 85 feet frontage. There was consensus to accept the friendly amendment. With respect to Multi-family Residential: Policy 1.2: Line 229: Councilmember Marinberg moved to reinstate 31 dwelling units per acre. Vice Mayor Valinsky, maker of the main motion, did not accept the friendly amendment. However, Village Attorney Trevarthen indicated an amendment may be proffered after the main motion is voted on. Councilmember Marinberg withdrew his motion. Village Attorney Trevarthen repeated the main motion as amended: Moved by: Vice Mayor Valinsky Seconded by: Councilmember Charles - to adopt option two (2) from the staff memo plus the proposed ordinance, and also include the planning and zoning board comments, and additional corrections from staff. Also, to include changes to policy 1.2 single-family residential: (1) to take line 219 and remove the reference to the minimum of 2.5 and have the description instead say that it would not exceed 9 dwelling units per gross acre. (2) to change line 223 to create an exception to the sentence, "No platted lot shall be reduced in size from that currently platted so that any larger single family lot could be split as long as the resulting single family lots are at least 12,500 square feet, plus 85 feet frontage." Mayor Burch asked for a roll call vote, which was recorded as follows: Councilmember Jerome Charles – AYE 4 Councilmember Sandra Harris – NAY Councilmember Daniel Marinberg – NAY Vice Mayor Jesse Valinsky – AYE Mayor George Burch – AYE The motion carried a 3-2 roll call vote. Councilmembers Marinberg and Harris voted in opposition. 5) ADJOURNMENT The meeting adjourned at 7:41 PM.