you you you you you you I Have Joe's number, but not here Joe's Joe yes, yeah, but the other guy, I don't have to. But that's his? Joe is like a colonel. Yeah, that's Joe's. I would be coming for the party. Yes. Yes. That's a good example of the very interesting sort of culture. I think you have a young and young and a kind of old old old old Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. This is that for. Okay. All right. All right. All right. All right. All right. So Joe is going to come. Joe is coming. He's walking out. I'm sure. Yeah. Right now. Mitchell. You want the applicant to go first. And then we present the finding of facts. We'll go first. Okay. So Joe is going to come. Joe is coming. I'll let him know. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to go to the next room. I'm going to put to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm going to go to the bathroom. I'm not sure I'm Yes. I'm going to start with the next one. I'm going to show you how to do it. I'm going to show you how to do it. I'm going to show you how to do it. I'm going to show you how to do it. I'm going to show you how to do it. I'm going to show you how to do it. I'm going to show you how to do it. I'm going to show to the next one. I'm going to go to the next one. I'm going to go to the next one. I'm going to go to the next one. I'm going to go to the next one. I'm going to go to the next one. I'm going to go to the next one. I'm going to go to the next one. I'm going to go to the next one. I'm going to go to the next one. Come back in the water. Come back in the water. No, just get off the water and you're like, get off the mold. I'm going to sit on the water and think about the mold. I almost forgot. I had a lot more water. Maybe 10 minutes to 60 more boxes. I'm zoning. I'm painting my room. So I'll be coming through here. I'm painting my work. I'm going to take that one. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. Just give it a go. I'm going to take what I'm excited. Because I can call it. Yes. Thank you. Thank you. Thank you. Thank you. That's the one that didn't get out. Yeah, I spoke to the address. Okay. Yes. Thank you. Thank you. All right. Thank you. I'm going to make sure. I'm not sure. Yeah. You know, greatly? I'm asking you. Thank you. Sure. One minute. Okay. Hello. Thank you. Thank you. Thank you. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure.07 on Monday, March 10, 2025. We are here for the planning and zone and board meeting. That's stand for the pleasure of allegiance. But the reason to sit back and say to the mayor to the Republic for the dissent, for the nation, President. Mr. Chair, say no. Present. Mr. Larry Thomas. Present. Tom Sinom, sorry. Daniel Heisler. Present. Gregory Thomas. Here. Julian Christberg. Yeah. Janet Mesulian. Here. Mr. Ogan is absent. Thank you. I was hoping. Going on to item 3 approval of the February 10th, 2025, signing his own board meeting minutes. Do we have a motion for approval? Motion. Second. Sorry. All in favor? Aye. All opposed? Aye. Is Carrie moving on to section 4, which is our quasi-digital public hearing. We have item 4 2. Oh, let's. Let's where people in. Is there anyone here who's going to be testifying before the planning and zoning board, please stand to be sworn in? Somebody has to do the swerves. Do you swerve to tell the truth and nothing but the truth? Thank you. Moving along, item 4, 2, raising cane chicken fingers. It was before it us for a site plan, condition of use in variation. Variance approval. My understanding is, let's open up public comments for anyone who's here before us for item 42. Anyone here to speak on item 42? Good evening. My name is Tracy Slavins. address is is 3,800 northeast first avenue, sweet 200 Miami, Florida. There was a defect in the noticing for this evening. The property wasn't posted with the sign. So we're requesting a deferral to next month's meeting, which I believe is April 14th, in order to correct the notice and ensure that all proper noticing and advertising of the hearing has been followed. Thank you so much, just for a point of clarity, Mr. Attorney, is a deferral the best cost of action? Does that occupy the same as a continuum, so purposes of having to re-notice it? Whatever you're knowledgeable on these as well Mr. Chair that you have to be sure that you have any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or any other questions or And through no fault of the applicant, by the way. No matter was there is a defect we would if we proceeded forward we would be denying the public they're right and by continuing it or deferring it again I think they're relatively equivalent terms to a date certain that assists with some of the notice requirements that will have to be met and but otherwise they will carry everything out and we'll make sure the public has adequate notice of it and then you can make a determination. So it's a good question but I don't have a good answer. Understood and so long as it does impose any additional requirements on the applicant. I will entertain a motion for continuing so that the posting could take place and it will be before us according to this agenda. Our next meeting is scheduled for April 21st of 2025. I'll make a motion. Is it April 21st or April 14th? Because on the calendar, on the city's website, it says April 14th. But on the list that I was emailed, it says April 21st. But on the city calendar, it shows it's April 14th. I think April 14th would be the second Monday, but there might be a holiday. Yes, Daniel, Los Andres, Community Development Department. I did research on why we had the calendar for April 21st due to the fact for Passover and the Jewish holidays. We wanted to make sure that all of the board members are here, are present for the meeting. So we had it for the 21st, but I went back and modified it to put the 14. So we could proceed and have the meeting in April. So it will be the April 14. So it is the 14? Yes, it's the 14-21st is the holiday. I think you're saying it backward. I think 14 is the holiday. Oh, yeah, yeah. Okay, so 14 is what exactly for holiday for Passover. So we're going to, okay. Yeah, so it'll be the 21st, correction, 21st. So council just so we're on the same page. That was my understanding that it was being rescheduled for purposes of that, but we will be present on the 21st. And so long as it's posted, we'll be able to hear the item on the 21st. Yes. We need a motion. I need a motion in a second. A motion. Second. All in favor? Aye. Aye. All opposed. Motion carries. We will see you next month, Council. Can I just ask a question? Certainly. Why doesn't the sign get put on the property? in this case, on candidly the city staff and the collected to provide some information that they needed to create that sign. So what kind of information? Oh, we size it. You're above my fill. I just know what the outcome was. It's been twice in the last 15 years that somebody didn't put a sign up. I'll defer the question to staff, because I don't know the why. I just know the why. The city used to have signs. We used signs. I think not applicant is responsible for creating the own sign. I think the signs are actually on the applicant. They just have the ball that criteria of the sign, you know, whatever the dimensions and stuff, right? That's my understanding. Okay. Anything further? All right. Moving on along to item 43, which is Citadel Care Center of vacation and abandonment. band and I'm going to read it into the record. I can read it. Yeah, I can. So, just to read the resolution by title only into the record, a resolution of the mayor and the city commission of the city of North Miami Beach, Florida vacating a portion of the originally dedicated public rights of way for Southwest Kalingie Way, also known as North East, 18th Avenue and Miami Miami Drive. All adjacent to Block 57A and Block 58, as shown on the third revised plot of sections A, B, D, E, and amended plot sections C, G, H, I, and J, of Fullford by the C, Dade County Florida. According to the plot thereof, as recorded in Platt Book 34 page 20 of the public records of Miami Dade Florida. County Florida lying in Section 9, Township 52 South Range, 42 East City of North Miami Beach, Miami Gate County Florida providing for conflicts, providing for an effective day. Thank you and we'll be heading from a member staff on this item. So again for the record, Mitchell Austin community development. So this is for the vacation of the right of way. The applicant has submitted this vacation request. The current zoning is mixed use town center and the existing and future land uses are commercial medical offices. The request is to vacate and discontinue for public use portions of Miami Drive, South 15 feet of Northeast 168 Street and a 20 foot wide platted alley. This is the subject property location on the zoning map. The review criteria are listed here so it's a non-fear property interest to be vacated or abandoned does not benefit the public health safety welfare convenience. So the right of way is presently not being used as a viable road and currently serves as a surface parking lot. The right of way is not included in any street connectivity proposals listed in the conference of plan and the proposed right of way vacation did approve did receive technical review of application for development approval or tried approval for compliance with the city's zoning and land development code. So this is also additional findings that the members of the public, it will serve senior members of the public by increasing the number of beds provided at the Citadel Senior Health Campus, assisted living facility, provide critical and essential services to community members and no interference with existing services provided by the city or other entities. And it will create a unified and cohesive site plan for the community members. So the proposed vacation will be conducted in compliance with all applicable laws and standards and staff finds that the proposed right away vacation is in accordance with those standards. The proposed vacation will promote development or redevelopment and staff finds that the vacation will do so. The proposed vacation or abandonment will not have negative physical impact on the city. Staff finds that the proposed wide-of-way vacation will not have a negative physical impact on the city or result in development that will have a negative physical impact on the city. So the proposed wide-of-way vacation, of course, will not affect traffic and circulation of vehicles or pedestrians. The portions of the street are not heavily utilized for vehicular traffic. The alleyway could not be at all the portion of the street right away on 168 is not used for vehicular purposes. So the application received no letters contesting the vacation from any of the listed utility providers. And the recommended motion is for approval of the right of way vacation application. Finding that the request is consistent with the conference of plan and the criteria set forth in the zoning and land development code. And that's a recommendation of approval for city commission. Thank you. Is there any member from the applicant? Do you have any questions for staff? If not, we can. Do you for having me. I'm Roy Stomach and with the strategic consultants. Our clients, we represent 1800 Northeast 168th Street, LLC, and 1875, Northeast 167th Street, LLC. The T-Platte has already been approved by the city as well as being approved by Miami-Dade County and also the site plan has already been approved by the city as well. That's sure how to make the oh there we go. Okay. I'd be easier for me to read from here. Okay. So the intent of the Citadel Care Center Senior Health Campus is to re-plat, is to recreate a unified site. The T, therefore exhibits we have. The T-plat is in exhibit A. Would you like me to click to that now? Or, okay, well, okay. Oh, how? Okay. Oh, how? It's showing here, but it's not showing on the screen. Okay, there you go. I know if you're well, probably don't want to expand it too much, or you can see. Has everyone seen the T-plad already? Yes. Okay. All right. I'll go back. I Well, I can leave it there I guess. It's also includes the closing or the vacating of a portion of Miami Drive and South 15 feet of Northeast 168 street as it been indicated earlier, line within the limits of the plant. And both areas contain 56,513 square feet more or less and the sketch depicting the right of way vacation areas on exhibit B. And this is what what was actually pulled up by the gentleman a few minutes ago. All right. This also includes the closing or the vacating from public use 20-foot wide alley lined within the limits of the plaque containing 3,876 square feet more or less and the sketch to pick in that right of way vacation is exhibit C. Let's see here. Okay, and also the existing use contains a skilled nursing facility that includes, currently includes 86 beds and we're proposing skilled nursing facility that provides 147 biots. And that can be found in exhibit D here. I don't know how you can see that. Okay, so, and I think this was mentioned earlier, there are no adverse impacts to traffic conditions or pedestrian circulation, no adverse impacts to the adjacent property owners. And regarding the given utility companies, we have letters of no contest from them as well. I think that's pretty much all I have to share. Thank you. Thank you. Sorry. I will. Do you mind if you get plenty of zoning? No. That's open. First staff had re-received any comments from public, any public comments prior to four cards today. Let's open public comments. Anyone here that like to speak on this item for three, saying no handrails, we will close public comment and I will entertain questions in all comments. Let's start on this end, Mr. rest of the question for Mr. Austin I think this looks familiar. I think we voted on this matter last year. I don't recall the particulars of the vote. I knew, like I do recall there were various variances that we have proved. And I thought it was partially due to this right that they're abandoning. Is that sound familiar? Is that? Thank you, the bandhouse. So I'm not quite sure what the circumstances were, the previous approval. However, the process of abandoning the right of ways as proposed should negate a significant number of those if they were attempting to develop the right of this existing right of way because it would have changed setbacks and there had been some license to occupy that ease of that right of way. So vacating the right of way negates all of those potential conflicts and problems that may have been previously discussed and or even approved This is the much cleaner path to ensure that the development meets all of the applicable regulations and perpetuity. Correct, correct. the and the city attorney can correct me if I miss, miss, speak here because I'm definitely not an attorney. Is that, that a right of way is, is, is, is a, is property that's held in trust. It's a right held in trust by by the public, or to whomever the right way is dedicated. For provision of access to the adjacent properties, so vacating a right of way is essentially returning that property to unencumbered to the property owners that are adjacent to it, which was their land to begin with in the sort of logic of the process. That's correct. They own both sides. Well, they own to the center line. Each one owns to the center line and they have dedicated the property to the city for use by the city for a public purpose. But once the city concludes it does not need it for the public purpose, it wasn't given to the city. the city. The city received the right to use it. It's a right of way. It's a centrally an easement. And if the city no longer requires it for a public purpose. the city. The city received the right to use it. It's a right of way. It's a centric an easement. And if the city no longer requires it for a public purpose, it's not only okay, it ought to be returned to the private owners and they each get their half up to the the center line. It's theirs. So you're at explanation, Mr. Austin was perfectly correct. Anything else, Mr. Hessman? No, Mr. Cresberg. Will this sit at all on both sides or they have? Now, if they whoever owns the property on each side owns gets their land back to the center line. If they happen to be on both sides, which sometimes happens, they have this running through their property, then they owe both sides. But if not, then whoever's on one side gets theirs to the center line and Citadel gets both. I happen not to know personally whether they own both sides. Is this it? You know? Yes, sir. So the the platted alleyway Set it alone to both sides. Is this any note? Yes, sir. So the the the plated alleyway, citadel loans both sides of the plated alleyway. So that entire alleyway is returned to citadel the property owner. The portion of 168th is exclusively on the half of the right of way that is adjacent to their property. And so that property then accrues to the citadel, the property owner. So after we do this, the citadel just has used a ball this way. Correct. They, they, they, they, it's no longer right away. Right. Right, my drive was never a, um, a street that was being used by the public. Correct. Well, I'll defer. I can't say never. Yeah. I mean, city's been here a long time, but not in my memory, and I've been here a long time So the other point Here is that the property that's vacated gets returned to the tax rolls that increases the taxable value of that property It's not a gift by any stretch of the imagination Correct correct. Oh, that's that's the intent by the applicant, yes. All right. Let me see Thomas. Just to follow up to Mr. Heisew's question to be painfully to go over what we've talked about. This was approved by us in the past, correct? The site plan. The site plan. So now we're just finishing cleaning houses. Mr. Thompson referred to. Just as an aside issue, I don't believe should affect my judgment on this at all. But I noticed on the one of the plants that says that they've done all their due diligence with all the utilities. There's absolutely nothing there. But if there is something that is discovered, it is always the the onus is on the owner of proper owner to make it right. For instance, to fix utilities or anything that might come up unbeknownst to the city. I'm not quite. I would answer it this way. A utility, even though it's public necessity, doesn't have a right to go anywhere it wants. They can only go where they're allowed by law. So, typically, when utilities are installed, I mean, if we were a new city and we're putting this in for the first time, that would be a much bigger issue. But let's just say that in the old days, they usually got stuff right, not always. There were some bad oversights, but more or less they had competent professionals. So every utility that would be needed got an easement. If somebody's missed the easement, if it's not showing up on the property records or something and it looks like there's no utility there, but there is an easement and it was recorded and well then the utility still has that and then you're going to have this property owner talking to their title and sure. But that's probably not what happened. Probably if there were an easements there, notice there are a record there in this title, and as long as they have their easement, they get to use that easement to serve the public good by going and servicing the property, and if the property owner has to make an accommodation, because they really turns out to be a public utility that has an easement, well, then they'll just have to deal with that. So it no further expense to the city for that problem. Not. That's all I want to know. I hope that it looks like you did a really good job of searching out all the possible scenarios. So I'm not throwing cold water on anything. There's a title search and that's why people get title insurance in case something gets missed. And they have to change their plans and it costs them money. It's not the city's responsibility. It's not the utilities responsibility, but they do have insurance. They can go against and say, hey, I would have designed it different if I'd known there was a utility. You should have told me. Any idea how old this easement is? Well, it's not an easement. The point of giving it back is- Right away, excuse me, right away. So, any idea when it was created, when the city was built? Probably. When it was platted. Platted. It might not have been platted right when the city was created, but typically when you plat, you create rights of way that they're needed thereafter. By this point, the strong after plating, if they don't need it by now, pretty good chance. Okay, I'm done, thank you. I don't have any questions. Great. Hold yourself. Hold yourself. He's saying it. And the spirit of Mr. Rubin. I also don't have any questions. I'll entertain a motion for against the abandonment other right away. I move to approve the abandonment of the abandonment of the motion. I will motion in a second. Staff. Chair St.ville. Four. Vice Chair Thompson. Four. Yes. Mr. Eisler. Four. Mr. Thomas. Four. Mr. Christberg. Ms. Moussoumian. Approved. And Ms. Ogan is absent. And that is 6-0. Thank you. Moving along, we have item 5 and legislation, Smoke Shop, Ordnance, Ordnance, which is a Texanman ordnance. But my understanding is that, well, I hear from staff on. Yes, regarding the Smoke Shop, Texanman amendment ordinance this item will be deferred At a later date pretty much This has to be reviewed additional review from the city managers office and Once we get that approval to advance and move forward it'll get scheduled accordingly Thank you, right. And wrapping it up, we have item six, which is upcoming meetings, which is planning and zoning schedule for April 21st of next month. If there is nothing further and no one here, I'd like to take a moment to recognize our commissioner who is here with us today. Missou, thank you for stopping by. But if there is nothing further, I'll entertain a motion to adjourn. I move to your next slide. All in favor? Aye. I'm either in adjourn. Thank you so much.