BCC - CDMP & ZONING

shortly. >>chair: sir, commissioner. Can we quiet down? We're going to get our meeting started shortly, while we normally don't do presentations prior to cdmp meetings but tomorrow we have a special person who's been with the county under my leadership at this time, she was thereunder all over gilbert who is retiring after 33 years. Come on up here. I don't know, please, yes. 33 years. 33 years and I asked her I said because you're young, are you going to retire? She said no, I'm retiring, moving out of miami. Not far but I'm leaving miami. I'm doing it the right way so very well-deserved. I'm not going to pass this along for everyone to say something was because you all have something to say. Why do you have to look at me? Ommissioner orbis works under laura so I have to allow commissioner orbis. Did you work with her, though? I'm going to have to at least allow those to speak and gilbert also was the chair so commissioner. >>commissioner milian orbis: good morning everyone, laura, your favorite thing in the world is to be embarrassed by everyone so congratulations. She hates this. She once freaked out when I got her a birthday cake to celebrate her birthday so this is on another level. You've been in community advocacy 33 years but you've been with commissioner for women since the beginning and you seen the office of community advocacy in all sorts of ways. You've done what it took to take the office afloat, taking the rain and then a leader for our community so I'm appreciative all the years I served with you. I worked in community advocacy for 12 years and laura for half that time was my director and she was an amazing leader and always saw we were putting our community first and our task first so congratulations, I wish you all the best. I will probably be visiting you because I know where you are retiring and it's one of my favorite places to go. You've been a true public servant over 30 years and a true community advocate so congratulations and we love you. >>chair: yes, I hope you have a spare bedroom because we are all coming. She's not going too far. You never know. They don't have those video games but anyway, sorry. My story goes back and I know issioner orbis, it's a great office. My story goes back to when I had hair. We were freshmen at the university of miami and worked at the law at the law library and later on obviously I would go on to law to law school so laura, very good friends that work close and I take credit for the reason she's here. She doesn't know that because one day she asked me should I say in big law or work for the county and I said the county and I think she made the right decision and she's been a great asset to the county. A lot of people and I'm glad commissioner orbis mentioned the commission on the status of women which has done great work for the community was really her baby and she's been a great advocate. She moved on from that but she is a great community advocate but she's always cared about this community, even when she was a freshman at the university of miami and she's always cared about where this community goes so there was no better fit than laura in the years she was working, in the early days of that office so I know she's looking forward to retiring but she's not going that far and she's not going to find any of the, what do we call the videogame things? So we haven't always seen eye to I-4 those of you that know what I mean. We haven't seen I drive politically but we've gotten along well. She is my favorite democrat. >>chair: ever since you came back you are a different man but with that commissioner orbis you worked under her leadership and it's fitting for you to join me in the presentation. we have a proclamation for you laura and if you can bring her beautiful bookend. And commissioner gilbert has the plaque. On behalf of all of us here be it resolved the mayor of the county, myself as chair anthony rodriguez and all of us on behalf of 2.8+ million plus minus million people proclaimed today, really tomorrow is your last day, tomorrow friday, SEPTEMBER 25 as laura ria day in miami-dade county. It took you only 33 years. Then after we do one we will get all her staff and community advocacy to come up. >>. >> good morning. >>commissioner bastien: >>commissioner bermudez: >>commissioner cohen higgins: >>chair: client. >>senator garcia: >>commissioner gilbert: >>commissioner gonzalez: >>commissioner hardemon: >>commissioner lopez: >>commissioner milian orbis: >>commissioner regalado: >>commissioner steinberg: >>vice chair mcghee: >>chair: present. > 11 members present, you have a quorum. >>chair: let's stand for the prayer, invocation led by commissioner gilbert and followed by the pledge of allegiance. >>commissioner gilbert: bow your heads, on this day we MAY never see again thank you for allowing us to borrow a little bit of your son in our skin, to grow with grace and wisdom. With patients, the ability to see the needs of the people and meet the needs of the people, the ability to be good stewards. Allow us to speak well and act well in this your community and your county, your state and your country. Amen. >> I pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under GOD indivisible with liberty and justice for all. >>chair: you MAY be seated. MR. Attorney, MADAM Attorney, is it proper to set the agenda at this time? >> yes MR. Chair. >>chair: do I have a motion to set the agenda, moved comments been seconded, any changes at this time? All in favor signify by saying aye. All opposed nate, show the agenda set. Let's go to our zoning director to read his opening statements and swear in any necessary speakers. >> thank you MR. CHAIRMAN, all to be heard have been resized and properties posted, additional copies are available in the chambers. Items called out by agenda number, please note action MAY be reconsidered and additional action MAY be aken. Applicants and members of the public MAY wish to govern themselves accordingly. The record and file on each application will be documented from public agencies where there is an appeal from the board we have the tradition from those hearings, all documents are physically present available to all parties and available to all members of the board of county commissioners. Parties have the right of cross-examination, stating along with the fact all witnesses shall be included in any transcript and in addition there is an official translator present for those individuals requiring such assistance, will the clerk swear in any witnesses. >> parties raise your right hand. Do you solemnly swear that the testimony you are about to give will be the truth, whole truth and nothing but the truth so help you GOD. Interpreters if present. Do you solemnly swear or affirm that you will make a true interpretation of the questions asked and interpretation of the testimony given? Thank you. >>chair: MR. Director is in my understanding eight. >>vice chair mcghee: is here for deferral? >> correct. >>chair: you are recognized, I want to say this is district 8. >>commissioner steinberg: it needs to be readvertised so I will differ 8c4. >>chair: all in favor signify by saying aye. All opposed, nay. MR. Attorney or rector, I understand there is another deferral request by vice chair. Vice CHAIRMAN, you are recognized. >>vice chair mcghee: thank you MR. Chair. MR. CHAIRMAN I'm requesting a deferral on 7a and 8c3 for OCTOBER 22 agenda, this would give us time to finally have that community meeting and have a meeting with the principal on the cdmp application. >chair: motion by the vice chair to move 7a and 8c3 to OCTOBER 22, is that our next meeting? Okay, there is a motion to defer, is there a second, second by commissioner regalado, any discussion on the deferral, seeing none all in favor signify by saying aye. All opposed nay, show the item deferred. >>commissioner gilbert: I was voting no on the deferral. >>chair: show the item deferred until OCTOBER 22. MR. Attorney, can we take up item, hold on a second, I'm going to jump out of order because some of my colleagues MAY need to leave, can we take 8c1 at this time. >> applications e203 350. We've had no protests and no waivers of support. >>chair: we will open up public hearing, no speakers registered to speak so public hearing is closed. As the applicant present? Approach the well. Before you start I'll recognized the commissioner from district 2 to be recognized as this is in your district. >>commissioner bastien: thank you MR. Chair. Good morning. And welcome. I only have a few questions MR. Chair, I don't need a presentation. I have a few questions for the record starting with the department. can you please share if the residence directly were notified of this development and when and how and how many homes were targeted for this notification class in addition to the sign posting and newspaper ads we send out mail notice to 1566 people. >>commissioner bastien: they were received letters? Thank you. To the applicant, can you please share some details about the planned commercial use? What exactly are you going to be developing here? >>chair: can't hear you, microphone might not be on. >> sees are with law offices at 2000 governors square boulevard, miami lakes florida. It's going to be a retail commercial. What I have talked about is service oriented is MRS. Such as a possible store, a restaurant, maybe a laundry. It's not concrete yet but those are the thoughts they have and just so you know we did have a meeting with some of the residence from the area, some of the homeowners associations, we had a meeting that was 35 people that showed up during the process and explained it to them and they have no objections. >>commissioner bastien: thank you and as you know I know the area very well. There are a lot of residents living right next to the site. What I'd like to know is how, what kind of buffer will you put to mitigate the noise, two separate the residence from the commercial side. What are some of the changes you will make to make sure the privacy of the residents who are so close, like I said I know the area very well to make sure their privacy is respected and also what exactly will you be doing to beautify the area. >> if you look at the plans, the building, the 4000 square-foot shopping center will be placed as close to the avenue and the street as possible to get it away from the west side where there is a single story residential apartment complex. To the south it's actually multi story, multi family but as part of the proffered declaration we have there will be a six-foot wall plus lush landscaping that will be put between the residential areas. >>commissioner bastien: thank you, I don't have any more questions. If my colleagues don't have any I will move for approval consistent with staff recommendations. >>chair: seconded by vice chair, seeing no further discussion clerk please call the roll. >>commissioner bastien: >>commissioner bermudez: >>commissioner cohen higgins: >>senator garcia: >>commissioner gilbert: yes. >>commissioner gonzalez: for. >>commissioner hardemon: >>commissioner lopez: >>commissioner milian orbis: >>commissioner regalado: >>commissioner steinberg: >>vice chair mcghee: yes. >>chair: I vote yes. >> motion passes unanimously. >>chair: MR. Attorney like take 3a3 and 3a1 and its companion item. >> small-scale application along with concurrent zoning application, public hearing held in a kit occasion, I will now read the ordinance title in the event the board wishes to convert the item to a standard application, however if the board takes final action the companion resolution is deemed withdrawn, separate application shall be taken on the cdmp. Three a is a ordinance relating to miami-dade county comprehensive development master plan; providing disposition of application no. Cdmp20250021, located between sw 272 street and sw 278 street and between sw 157 avenue and sw 159 avenue, filed by lennar homes llc, in the OCTOBER 2025 cycle to amend the county's comprehensive development master plan; providing severability, exclusion from the code, and an effective date. That is item 3a, three a supplement, 3a1 is the companion resolution and the director can read the zoning item. >> zoning item is 8 c6, 202-500-0256. We've had five protests and 12 waivers of upport. >>chair: thank you MR. Director, I'm going to open up public hearing for both items at this time, when I call your name come up to the well, state your name and address and you have 2 minutes to speak. I have maia fernandez cabrera. Fiorello angelo and rosemary giuseppe. You're welcome to waive in support or opposition as well. let's get to the well if you're speaking. Good morning. >>public speaker: I live at 15808, I am a mother of five children, I have five grandchildren and I've had my own home 26 years and this is the type of project that fits the community and would help family to have the same like we did. I am for the project, thank you. >>chair: thank you for being here, sir. >> 16208 southwest. 2/74 street. I am opposed of the project. When I look at the map when I registered to talk the map was 2024. And since then you see a lot of change in that area. Since then, 162 avenue, 120 houses were built. 2/80 street and 1/57 avenue west. It's in progress, a building townhouse. 88 townhouse. 2/80 street and 157 avenue east, it's almost done for 270 townhouse. West onto the 888 street and 177, 162 townhouse is going to be built. If you go on us one and 280, there's an amber station and if you look online there's a eight story, 2 three-story house for 576 units but when you go eight stories, let's say 1200 units, if you go east of us one, there's another complex built. I don't know how many housing and then I think there's one project south of 280 street that they are going to talk about today. so school, fire station, medical, etc. I hope they are up-to-date when you discuss another big housing like that and of course traffic, traffic is a nightmare. I don't know why you guys didn't vote for metrorail. At least it would have been easier to cross us one. >>chair: thank you, ma'am. >> I live at 180 se. 36th avenue, 33033. I wanted to share the developer has been a great partner to me and they have done a lot of the projects in our area. I can always call them and they answer, I appreciate they meet with the neighbors so we understand what is going on. When there is a problem they handle it and they are available to listen. >> thank you, ma'am. >> I live in 205892 southwest. 144th avenue which is five minutes away from this new construction and I've grown up seeing how hard my parents work to be able to purchase our home and I've also noticed a vague impact it has made in our family so as I start thinking about my own future and what I want for my life I realized I want to be able to build a life with the people, like with my family and the community I already know. What stands out to me most about this project is the opportunity to create new places and new opportunities for families to live and grow and I would also like for people and families to be able to have the opportunity to put down roots in this part of miami-dade and for the people who have already invested in this to be able to see it grow and thrive. >>chair: thank you for being here, are you skipping school today? This is that important to you, right? This is a different type of education. I love that you are thinking of your future roots, thank you for being here, very brave of you. >>public speaker: [Speaking spanish] >>translator: my name is rosemary giuseppe. I live currently homestead at 25 892 southwest. 144th avenue homestead, 33032. I've been living here for the past four years and buying a home here after emigrating to this country has been one of the best decisions my family and I have made. We managed to buy our home with a lot of work and effort for the benefit of our community and my daughter's future. And that's why it's so important for our community to grow and continue getting stronger. That way our property will grow in value over time. This way we can protect what has cost us so much. And hopefully in the future my daughter will also be able to invest in a property in our city. That's why I'm in favor of the project, thank you. >>chair: with that, public hearing concludes, those are all the public hearing I had to speak but as I've been changing it up I will recognize the commissioner from district 8 and she can recognize you for a presentation or questions asked she so chooses, commissioner from district 8. >> how long is your presentation. >> about seven minutes. >>commissioner steinberg: can you cut it down to three? Thank you. >>chair: three minutes. >> hugo ours are representing lennar homes. Application side is 40 acres site that's familiar in an area familiar with the commission as well as the rest of you and I will get into the pattern of development here but at our property still is within the half mile radius of the transit zone, keep that in mind because the request is for low-density d residential, to six units an acre capped by a declaration of restriction of 100 e5 single-family homes, no townhomes, all single-family homes 185 capped by a declaration of restrictions which yields 4.6 units to the acre so despite the fact half-hour property would be eligible for 36 units to the acre we are a fraction of that and we are proposing a fraction of that and it speaks to the story of this area. I've been fortunate to work on a number of applications and you see the pattern from the vasquez northwest is the more intense products closer to the busway and as you move to the north and west you see lower and lower density so in fact directly to our last are single-family homes our project would be all single-family homes to our list, there is a mix with townhomes on the other side of the avenue you end up with townhomes and off against the busway you even have multi family projects so that's the trajectory and request that respects the conversation we had with the commissioner for the district and all of you that the development needs to be smart and progress in an area in an orderly fashion and that is what we are doing here today. Our proposed zoning is eat you for a portion, a portion of the state homes as well as are you one and day homes and the idea is to buffer the larger homes on the west north and east side of the property buffer into the roadways and rest of the community. I've touched on this point but graphically you see our subject property at the top, half of that crosshatched line, after our property is inside that busway transit corridor but we are not seeking to exercise that density at this time. Further depiction with the site plans and you seep towards the south and east townhome communities, this project which is the one in the middle in the pink and yellow single-family homes. Then to the further west the pink is the established residential state community. All departments have reviewed and I want to note a couple points, impact fees, roadway impact fees on the projects I showed we calculated quickly that 4.3 million have been paid so far, just in the immediate area another 2 million, nearly 2 million slated to be paved, that's $6 million in impact fees from the race three or four developments. Our declaration of restrictions which caps are density, neighborhood outreach efforts and you heard from some of them today and I'll skip that but I will talk about the recommendations to move from staff and most importantly these cdmp items, we went to city council, unanimous approval, staff's recommendation we would urge you to follow staff's recommendation today and I'm happy to answer any questions, sorry I went over a bit. >>chair: you have the floor. >>commissioner steinberg: I have a few questions for the administration. Hen I look at that roadway on currency analysis and I look at this project, help me understand why typically when we do roadway concurrency analysis we are analyzing the roads that are directly abutting the project. And here there are four roadways analyzed but only two of the roads are roads that about the project. I'm trying to understand why rns we analyzing the roads that directly about the project when we are communicating to the board these projects meet traffic concurrency? >> through the chair jerry bell, planning director and I believe the roadways that are analyzed, the traffic study are the roadways that would be impacted so whether or not they are abutting or approximate. >>commissioner steinberg: that's what I'm trying to understand, this is a 40 acre parcel that you're familiar with the application, it abuts two 78 1/57 avenue. There is no analysis on 278 and there's a large portion of this project that abuts 278 so I'm trying to understand why wouldn't we analyze that? >> we have our transportation planner so he can address this. >> for comprehensive analysis we analyzed the immediate roads impacted so that's why you see nonself east-west, roads analyze for conference whereas for cdmp you see a wider range. So if you see I think we have around 10 roadway segments analyzed. For the cdmp. >>commissioner steinberg: on looking at the paperwork and I see 4 roadways analyzed. >> for the cdmp we analyze a larger area so if you see we analyze 10 roads and we find that all the roads are under capacity. >>commissioner steinberg: including 278? What is your analysis on 278? >> for 278, we don't have traffic on station there. We don't have counts for that road. >>commissioner steinberg: that's what I'm asking, the largest application of abuts 278, why wasn't 278 analyzed? >> we do have traffic cones, the county does for 500 stations around the county and we only analyzed the most important stations. E don't have funds to analyze more e more roads. >>commissioner cohen higgins: but that's a large east westbound roadway, are you saying to 78 was never analyzed for traffic concurrency? It's a very large, 278 is a major roadway, why are we analyzing 278? 278? >> I do have racquel here. >>chair: what is your position again? >> I am a traffic transportation plannernner. >>chair: who does he report to? >> for the traffic counts, totally we have I think 400 to the county and fdo t does around 400. So we have limited funds, with those limited funds we tried to do the maximum for the stations and I wanted to answer why 278 was not on this. >> we have a database and collect traffic data along half sections of the major roadway so this particular project was distributed to areas where we collect current traffic data so it was analyzed in that way. If you would like us to analyze a particular roadway, we could have probably data collected at that location and analyze it but since all locations where we collect traffic data yearly are set locations based on major roadways, this particular location where you are asking about was not analyzed through this application. It MAY have been analyzed if there was a traffic impact study done through traffic engineering and they would have assessed the new roadways adjacent to the project but traffic concurrency looks of the overall pattern in the area so we analyzed our major roadways. >>commissioner cohen higgins: this project about 276th street. >> the locations analyzed, we have 1/57 avenue. And then we have us one, 2/80 street and us one again. Like I mentioned the adjacent roadways MAY have not particularly been analyzed in the concurrency analysis since we collect that data on major roadways. If you would like further clarification or impacts on the adjacent roadways we can look into something like that. >>commissioner cohen higgins: is 278 a section line or half section line road? >> I don't believe in this area it is. No, it's not. >>commissioner cohen higgins: so we generally when we do these traffic analysis and I think everybody would agree traffic analysis is of great import to our residents. We don't analyze the roadways abutting the actual project. E just analyzed wherever we have workers or stations placed as close to the project as possible. >> MAY I clarify? If traffic impact study was requested then adjacent roadways are analyzed whether or not they will need a traffic signal or something other. For traffic concurrency we look at the major impacts on a broader level outside of the adjacent roadways. >> traffic impact study is not required for zoning applications. >> it MAY not have met the threshold for traffic impact study. >>commissioner cohen higgins: was a traffic impact study done in this application? >>chair: to the applicant, do you know if there was a traffic impact study? >>commissioner cohen higgins: I don't want to go on, I want to know the question currently pending, was a traffic study done on this application? It was. Worthy adjacent roadways analyzed. Is it in our materials? The traffic impact study. >> we reviewed it. >>chair: is it in our materials . >> it's on the zoning application. >>commissioner cohen higgins: what are the impacts of 278 and 276. >> the intersections that were reviewed are to 72nd at 1/62, 1/57 avenue, 277 and us ne. 280th out /67 and to 80th at us one. >>commissioner cohen higgins: but that's what was repeated earlier and that is not. >> if you look at the map it only goes from 157 and kind of ends. It's not constructed west. It's about 1/62 I would say so we take a look at the adjacent roadways, they did commit to build half of the right-of-way for those adjacent roadways. But the actual intersection of 278 does not go all the way till 157 in their development so we mainly requested the main intersections and obviously any intersections that would be considered and a half section of the road. >>commissioner cohen higgins: the concurrency I was told is that while analysis of the geographic area and I was asking about two street abutting this project directly and I was told if you want the analysis you would need the traffic impact study and I asked do we have a study, yes but in the traffic impact study there's still no analysis. I'm just following. >> that analysis was done unto 72nd which is a major road that connects east-west. We went from 162nd avenue all the way to us one. So we analyzed intersections that will bring the most traffic based on the distribution done on their traffic study. And to 78 is only going to be constructed within their section, it doesn't go all the way to 157. Only a small portion of 278 will be constructed. 276, it's going to be within their site limits and also it's a small portion of the biggest portion I would say would be a long one 57th avenue and we analyzed intersection of 2/72 and 1/57 avenue. >>commissioner cohen higgins: that was a long-winded way of saying we did not study the traffic impacts. Class cclxxviii doesn't connect so we analyzed intersections and key intersections that will have the most traffic based on the distribution so most of the traffic to the site that will come up to 72nd which is the section and road that connects from us one to the site. >>commissioner cohen higgins: to the applicant, where is the ingress. >> it's single-family homes so it's not like you have a main access point. >>commissioner cohen higgins: how do you know all the traffic is coming from 272. >> all the other roads within the actual development do not connect to the east to us one which is where most of the traffic is coming from so we have to analyze the key intersections we know that are going to have the most traffic. >>commissioner cohen higgins: I understand the position and understand the explanation but the answer of whether to 76 and 278 or analyzed class they are analyzed in terms of they will be constructed because they are adjacent but since they do not connect east-west we did not analyze them. Only a portion of suit to 78 which will be constructed so if you're coming to the site then you would go on to 76 or 278 to connect so 157. >>commissioner cohen higgins: so we only analyze roadways that connect to us one? We do not cannot conduct a traffic concurrency class this is not traffic concurrency, this is operational at key intersections. >>commissioner cohen higgins: whether you call it traffic in concert concurrency or impact study the question remains the same, does it connect us one, it's not study by miami-dade county. If the roadway is not. >> it's not connecting, it's mainly section and roads, half section roads, signal intersections or unsignalized intersections and we analyze which traffic controls are required at the new intersections along to 78, 276, 77 in terms of operational analysis, we pick main intersections that will hold the most traffic and obviously those are typically the ones in that section of the roads. >>commissioner cohen higgins: thank you for answering my questions. Our sheriff's office stated and I quote based on the data for police staffing population and calls for service trends the projected increase cannot be supported by current staffing levels at the affected police district. To maintain adequate service an increase of three additional sworn deputy's is required with a cost of $370,000. This estimate MAY change pending information from the developer regarding the number and type of each dwelling unit. O the administration, when our sheriff's office indicates they do not have enough sworn deputies on staff at our southern district to support a new development, how do we recommend approval of the application or what do we do to address the concerns stated by our sheriff's office that they need a minimum of three additional deputies to support the what's coming to this area. >> we do not have the service standards for our police service, we do consider their comments part of the role of valuation but do not have that. But we do present, we do seek their input on applications but in this case it was not within our recommendations. >>chair: why do we seek it, I'm sorry, you have the floor. Hy do we seek it and do nothing with the information. >> we do try to do something with the information so the information is out there, they do need the additional staffing so it did not become part of the recommendation unless you want to yield to commissioner gilbert. >>commissioner gilbert: we should look at it in context, we are funding an additional 300 positions and they know if they build it that's the property tax is what goes to fund it. The reason they don't do anything new is we have it charged back builders for direct lease impact like an impact fee. E don't have that for law enforcement because it's built in to the general tax revenue. So that's why we don't, we do do something, it's information purposes. But when she brings forth her to us as a commission, not as a quasijudicial or recommendation it should in theory be built into that so that will be the number of officers she's asking for. That's how we calculate. >>chair: she's now yielded to both of us, commissioner regalado. >>commissioner regalado: when the sheriff was a department the recommendation included it because we had a short-term and long-term plan. e don't have the ability to tell the sheriff where to book or officers. All we can do is hope, fund and request. Before it was a department so we could say we are adding density here, this is how many officers so once the constitutional separate from us it can only be an informational item in the conversation each have independently with that sheriff in terms of allocation of resources. >>commissioner cohen higgins: not sure that it boils down to us having a conversation because when applications come for approval and there's information like this it's our job to approve or deny so when the sheriff says I don't have enough deputies to staff the incoming population, to the attorneys what do we do to address this concern? What's happening in the south is we have a number of developments and lennar homes is one of them. We have a housing crisis we need to address but are we meeting those needs across all spectrums including making sure we have adequate public safety according to what's written in this application there is concerns that are addressed so I'm asking to the attorneys what can we do as a board absent having conversations with the sheriff and making requests, can we send an urging? I understand our authority limitations because they are a separate department and I look to our lawyers to give guidance on how to address the concern that was raised. Is it something we can do now here at the cdmp and zoning application? I'm looking for some sort of guidance. >>commissioner gilbert: point of order, maybe it's best for us to have that conversation not in quasijudicial at the county commission and not as part of this record for zoning. >>commissioner cohen higgins: I want the issue address give me guidance on how to address the issue or not, I want the issue addressed. >>chair: if I MAY? Sorry, I haven't spoken but we need to reel this in, it's not your fault, you're asking all the right questions but we need to reel in not the meeting but the answers are not being answered correctly. I understand that line of questioning or going down so you have the floor, not expedite it but finish your line of questions and I will open the floor. >>commissioner cohen higgins: thank you MR. Chair, that's my last question. >>chair: there is no answer? Thank you, answer to the commissioners question? >> commissioner, if you could give us a couple minutes I'd like to confer with some of our colleagues who work more directly. >>chair: I'll go to another commissioner and commissioner gonzales you are recognized. >>commissioner gonzalez: I agree with commissioner cohen higgins. If we are going down this line of questioning if we haven't had a conversation with the sheriff concerning the public safety in the area and it's already a concert, perhaps it seems like this could be premature. I think that's what she's getting at you hit it on the head and you said we need answers to these questions, agree with commissioner gilbert perhaps we need to have this conversation outside of a cdmp application. But at the same time, I don't see it viable, to commissioner cohen higgins's point for her to make a decision right now when a, we haven't had a conversation with the sheriff, be we can identify whether these concerns are valid and see, what is going to be done to address the concerns in the first place? It's kind of putting her in a bad position to approve an application where these concerns have been raised. >>chair: commissioner regalado you are recognized. >>commissioner regalado: to the attorneys, we did a deep dive into this one we were first dealing with the constitutional officer so for those of you here you remember when we were talking about separation one of the things we discussed at length was our limit in terms of mandating things we did when the sheriff was a member, when the mayor was the sheriff and the police was under miami-dade county. Pursuant to florida law and I'll ask the attorneys to consider this. The sheriff can move within sub line items. and the sheriff has a lot of flexibility as to how she can determine where to provide coverage. So even if the board were to make a request, or authority is that she could change that at any point and I remember us talking at length about case law that allows the sheriff to move within subheadings of the budget. Which would be in this case hr, or placement. I know that when the sheriff was here she'd spoke specifically at our budget hearing about the eureka station. But at the end of the day it really is there sheriff's ability. I don't think we can tie this application or any application to that matter based on a representation unless the sheriff decides to tether herself to that but she could change her mind. It's my understanding legally so if you guys when you answer her question if you can confirm that because we can, we have an mou with the sheriff, we can discuss different things but she would have to decide how many officers she placed in what part of miami-dade county and what they would be doing there, we have no authority even with our budgetary involvement we have no authority to tell her how to spend money within those subheadings. >> do you have answer at this point or no. Do you have an answer to the commissioner. >> my impression I think my initial impression is that the public safety is a matter, it can be a policy matter for this board and in terms of questions about the exact number of officers the sheriff MAY have in a particular location maybe it's best addressed at through other potential each other legislation and we be happy to prepare legislation for you. For a subsequent meeting and we be also happy to meet with you separately on this. >>commissioner regalado: can she answer my question now? >> you can answer the commissioners question out. >> that might be best answered by one of my colleagues. I'm not saying just in terms of the exact. >> they are not here. The poly you're saying is better suited to respond is not in this room. >> in terms of commissioner of move that item I can try to get to them. >> I now see commissioner bermudez raising his hand and we're not doing this. We are not going into what we can tell the sheriff at this time, this is on a specific application and I see that intention already that your response is to the sheriff and what we can tell him to do, if it's the application maps one thing. Commissioner, when higgins, what is your desire. >>commissioner cohen higgins: I hope my line of questioning is not interpreted as belaboring the point. We know what our obligation is and I know what your responsibility is, your here to build homes but when we pass an application it's 185 and another one comes at the next hearing, that's one is 300 and we pile it on and the sheriff keeps telling us the same thing. At some point the burden becomes heavy. How many homes will be billed when the sheriff keeps telling us I don't have enough officers at my southern district unit to answer the calls for service really we had a budget hearing where everybody agreed public safety is priority number one but we are building homes where we are being warned time and time I don't have enough officers to answer the calls of service of the families moving into this hole and I'm asking how do we bridge that gap, how do we remedy that concert and the answer I'm getting is I don't know where we talk about it at a later time and I agree with commissioner gilbert the tax base will help remedy the situation but that doesn't give me an answer now. And so I don't feel comfortable approving it. I'm supportive of the project, I do need guidance on how to address this concern so to answer the call of our CHAIRMAN To move the meeting along I'd like to defer this to one meeting to work with the applicant and administration and sheriff's office to figure out a way to remedy the concerns in the application, thank you MR. Chair. >> motion to defer to OCTOBER 22, seconded by commissioner gonzalez. On the deferral we have a motion on the deferral so on the deferral. >>commissioner bermudez: as long as the applicant is fine I want to be clear, these things are tied into one another. We cannot legally at this point the answer, there's just dodging the question. Bring whoever the attorney is, he will tell you an answer you cannot deny the application but there's no process for it right now. The commissioner what commissioner cohen higgins has done, it's a public policy issue but I don't understand why the ministration doesn't have some liaison with the sheriff's office to discuss these things written this will continue to be an issue, she's 100% correct and the solution is there are five constitutional officers, 13 of sunday mayor and who is ever the mayor or the chair can figure out, I don't believe any legislation we passed will have an impact on the sheriff reedit that's my opinion, we can do it, that's wonderful but what I would suggest guys tell the administration's attorneys is this has come up in front of the commission, I think it's a smart thing if there was some liaison between the sheriff's office and administration work to figure out work with staff what the issues are when it we approve projects. As far as any issues with the sheriff's office. But truthfully I'm not sure I'm going to support it because she's the commissioner for the deferral for one month but I don't believe that technically we can deny a project based on that. >>chair: on a deferral. >>senator garcia: I'm going to support the deferral, I don't feel with all due respect the administration or attorneys are ready for this application. I think commissioner cohen higgins is right and I concur with what commissioner bermudez is saying. E will not ever tell the sheriff what she has to do however how do we have an application that is citing to a lack of public safety then asking a commissioner to not even contemplate the public safety aspect because that's not our job, that makes no sense. It could perhaps the administration could the county attorneys perhaps recommend that she maybe go into an mou with the sheriff as a district, wouldn't that be a proper recommendation. Here's something else, why didn't we contemplate this in the first place rather than keep pushing the private sector to bring in more projects without even contemplating that public safety is an issue. We can chew gum and walk at the same time, we can do those things, without telling the sheriff what the sheriff needs to do, thank you MR. Chair. >>chair: show the item deferred until OCTOBER 22. Next up. >>commissioner regalado: point of order. When this comes back, because I remember all our applications. I know we are deep diving into this right now but we have approved in the past many applications where when the sheriff's office was under the county there was a concern about staffing. The difference was it was written differently. Because the department would say currently we do not have enough staffing but we believe that after this development there will be more money and we can get more staffing. If you guys when you come back can bring us some of that language and do a comparison because I think it would be helpful for everyone to understand. I talked about mou is with county commissioners in the past. It can be done and the issue would the reallocation of existing resources for that area, commissioner cohen higgins. When the sheriff was under us we did that, we just didn't do mou so if we had a hotspot we would ask the department to move humans into that hotspot. The issue with this will be when is the development going to be built and how do you answer that in that moment? But I think we should really be careful in terms of denying applications or -- >>chair: we are not denying applications. Now we are repeating. No, no, hold on. We are going in circles. Commissioner, we are going in circles. >>commissioner gilbert: this isn't a circle MR. CHAIRMAN, it just needs to be noted this number is included in the number we did contemplate at budget meetings but that's what we do on our end. >>chair: this doesn't say that, that's the thing. Can I take up item 8a1 and then 8b1. >> what was there a vote on the deferral? >>chair: there was a multiple interruptions, on 8c6, moved, second by gonzalez, all in favor say aye. A all opposed, nay show that item deferred. How to nay's. >> 8a1, sfa holding applications e2025000106. With an one protest and what waiver of support, no waivers of support for this application. >>chair: public hearing is open, I have no publics registered to speak so public hearing is closed, is the applicant present? Come on up and I'm going to continue the same order so commissioner gonzalez, this is in your district, the floor is yours, recognize him for a brief presentation or if you have questions and want to do a motion. >>commissioner gonzalez: last time you were here we talked about why I wasn't in favor of the application in the sense of the traffic. This went to community council and community council cited to the exact issues. There's people that showed up and decided the same issues which was traffic. We deferred it to give you a chance to see if you can alleviate the traffic concerns. In the interest of time, have you alleviated the traffic concerns and if so, do you need to make a presentation on that, not on the entire project but specifically on the traffic. >> law offices at 701 brickell avenue. Since the JUNE bcc meeting you gave us a bit of homework and I trust you will be pleased with our results so I can keep it to the traffic result and I want to highlight aside from traffic we did make a change to the site plan this relates to traffic. Hen you're exiting the site and we can pull up the presentation so you can visualize it. Here's the site, your we go. The first change since the JUNE bcc meeting is and we heard neighbors in the area. We are now changing the site, when you're exiting from the site on the east you will only be able to make a right turn so that was a concern neighbors had brought over to us. He left turn movement will bring traffic to the north in the residential area so working with neighbors we make that change read additionally and for the record also I do want to state we did withdraw our rezoning request since the last JUNE bcc meeting. So at the last meeting you asked us to go back and look at traffic in a more regional basis. You recall our experts and professional staff concluded the 57 townhome community would have a modest impact on the area but nonetheless we went back and looked to see how we can make real change for neighbors in this area. In addition to the proposed traffic improvements as you recall we will have now a left turn lane onto the eighth. We also looked at capacity improvements, we did one fourth one wide operation study to evaluate kendall drive from 157 avenue to chrome for any operational capacity improvements within the city. We have our traffic engineers present but I will give you a brief overview of our findings but we were able to identify a single operation improvements that will provide significant impact to the area so on average delays are expected to be reduced by 27% during amp cowards and 31% during the pm peak, the most pronounced benefits occur at key: our entry point so you're looking at reductions up to 76% as chrome avenue which is a very heavily traveled area and up to 87% at southwest 1/72 avenue during the pm peak soap with the implementation of these single timing improvements individuals along this corridor will have fewer stops and less delays and more importantly there will be a broader benefit to commuters and the implementation will be fairly quick so neighbors can see it a fairly quick response. You continue conversations with the community, we worked with dtv w and were able to install science at southwest 1/64 corporation for southwest 84th street to notify drivers of a dangerous intersection in the area causing problems for neighbors. you know our commitment to sunlight spark for a splash pad and we commit to implement in these findings. For the area we had that's pretty much it, I want to highlight we had one of the neighbors who came out the last meeting. She's here and we want to thank her, MS. Paula beltran and the neighbors you've met with us to get to where we are today so thank you. >>chair: I have questions for dtv w and I don't want to get ahead of myself. Because I have some serious concerns. But I do have to say this. You are incredibly prepared. And I appreciate that. And I think many people here should take note. You are incredibly prepared. It doesn't mean I am going to approve this item but I can't tell you enough how pleased I am that I've taken the time to prepare and you've taken the time to prepare as well. If I could get dtv w, two dtv w, the applicant has decided to synchronization of the traffic signals. Can you give me a brief synopsis explanation how the synchronization works and how this will alleviate traffic in layman's terms. I think your light is off. >> this is inez mercy. Currently there has not been any signal retiming along the segment between chrome avenue and 1/57 avenue on kendall drive, this is a fdot road vienna but as you probably know all our signals are maintained by traffic signals so basically those signals currently do not have the same cycling which is basically the number of seconds that each signal works on. So what the study did was program those signals in a way they would all have the same cycling and synchronize them so that depending on the traffic flow, the signals are coordinated so if you go from one intersection to another you get the green lights at a certain time. Basically when you go from chrome avenue to 1/72 which is the next intersection once you get to that intersection you should also get the green on time so those, that segment between 157 and chrome has never been re-timed previously so they had different site holdings. The progression along segment was not very well. >>commissioner gonzalez: this is analyzing the current traffic flow but not analyzing future traffic flow because it can't. > is analyzing future buildout year compared to existing. Select there today plus whatever new developments are in the area plus the growth of traffic in two years when this will be built. >>commissioner gonzalez: explain how we get to that class apply a growth rate and add the number of trips by committed development switchyard and elements in the area. >>commissioner gonzalez: how does this apply regionally? I'm hearing this is going to alleviate or improve the flow from one 62nd to krome class from krome to 157 avenue. >>vice chair mcghee: tout. >>commissioner gonzalez: how does this affect 157. >> there has been previously signal retiming done so those signals are already coordinated. If we coordinatethrough chrome the whole between turnpike and ome should now be coordinated as s well. >>commissioner gonzalez: what you're saying is we've already done so. >> from 1/57 all the way to the turnpikeke. >>commissioner gonzalez: is just never been done . A lot of dude new developments have come now in that area so for some reason that nt was never taken ken previously. >>commissioner gonzalez: help with the increase in vehicles affect the traffic flow even with the synchronization. >> we all know currently kendall is at capacity at most of the intersections. What this does is better improve the traffic flow from one intersection to the other based on the timing you program each intersection. So we don't have right-of-way to add additional lands unfortunately so all we can do at this point is try to time the signals in a way you get a progression all the way from krome to turnpike which is typically the segment everyone is coming from the west all the way to the east. >>commissioner gonzalez: let me tell you, I appreciate the fact you are being candid because that's the way I was looking at it to and that's my worry. My worry here is this is almost like a bad date because it's not going to alleviate, it is going to alleviate traffic, it's going to alleviate the flow but to your point you made the point on the record, to your point the congestion is going to get worse. Because it's going to be more cars on the road. I agree with you that the solution here would be too add more roads. But we don't have the roads. So we are being asked to add more cars but we don't have more roads. And that's not on applicants, I'm sure the applicant could add roads they would. But this is more of a I guess trying to make the traffic flow more enjoyable. Yet adding more traffic at the same time. >> I just want to clarify obviously this development is 57 townhomes sold when we look at it in terms of traffic itself it's not going to, this development itself, it's not going to, when we look at it in peak hours it generates 30 more vehicle trips in an hour. So approximately, it's not really. Typically we have need to have more than one vehicle trips so we can affect an intersection and away the level of service will deteriorate. >>commissioner gonzalez: but we are talking about 57 units so 57 units, this is miami. Let's be real. Every unit will have minimum two, three or even four cars so if you multiply at two we are looking at 104. >> that's not the way trips are calculated. We go off manual that does surveys at various locations. >>commissioner gonzalez: so you guess. With data. >> we collect data at existing locations and we say at other locations even though you have 57 townhomes it doesn't mean you will have three trips for each of those townhomes because they could go at a different time, they can be students that don't drive or elderly. It's not that we multiply each townhome times two persons. We have a formula based on previous surveys that have collected data. >>commissioner gonzalez: where taking that data I'm guessing perhaps this will happen in that area. >> based on trip generation it's supposed to generate 3:00 A.M. Peak hour trips so that means within an hour. It's not considered significant basically. >>commissioner gonzalez: when this item 1st came I requested a deferral mostly because the proposal needed a broader examination of the traffic already affecting west kendall. Particularly alongside kendall drive. And I mean, the traffic, you grew up in miami. At the traffic on kendall drive is horrendous. Our expert has said. >> I live in the area to so I know. >>commissioner gonzalez: you live there? >> I live at 167 and kendall. >>commissioner gonzalez: and you're recommending I pass this. It really. As a resident or as an employee. >> we have the kendall towncenter in front of where I live that will bring a lot of trips. >>commissioner gonzalez: I couldn't agree more and I'm going to get to that. Because earlier this month we learned the smart plan which includes kendall is not moving. I really appreciate the candor and the hard work with the residents. I have heard that there are some residents that are now on board as far as you said it a few seconds ago. The revised turning restrictions and proposed traffic signal synchronization, I think that's a good try. It's a way to move existing traffic like we just discussed but it doesn't address moving more traffic and that's where my concern lies. It doesn't address the wider congestion created when more cars after traveling east, even if it's only 30 more trips. Kendall drive is already subject to heavy peak hour volumes and bumper-to-bumper traffic so west kendall my guide said it needs development that strengthens the community and fits the capacity of its roads. I want to see more housing but I don't feel the infrastructure is there. The synchronization is good but it doesn't solve the problem. The infrastructure is necessary. To our experts point, we can't put more roads so that brings me to the analysis of the live work play and the property has already been designated for business or commercial development in the past. And what we don't have enough of in west kendall even though we have the towncenter we are seeing the bringing of these towncenter's into west kendall. But the majority of west kendall is residential. So although I know we need residential because we need it, we can't afford more residential because we have an organ development boundary. In the land in west kendall is scarce. So what we need to bring is more jobs. To try to minimize the amount of traffic flow that is on the streets at all times. And so for that reason, although you gave an amazing presentation and although I think you guys have gone above and beyond I'm not going to be able to support this item so I moved to deny the item. >>chair: thank you commissioner, do we have a second? Okay, all in favor of denial. Roll call. >>commissioner gilbert: the reason for denying is? Traffic level of service? >>commissioner gonzalez: district commissioner has made a representation why he's pushing for denial of the application secondly I do believe by district commissioners position is what these absolutely basing his foundation on for this motion so many questions. >>commissioner gilbert: we are still in quasijudicial? Is catholic level of service something we can raise for denial? >> traffic is something that can be substantial evidence and to be the basis for denial. >>chair: thank you for clarifying, I appreciate it, commissioner bermudez. >>commissioner bermudez: just to abby and maybe to the commissioner of the district, this denial, it says denied without prejudice, is that correct? >> that's correct. >>commissioner bermudez: what does that entail, that at some point they're able to bring this up when in six months or enlighten me on whatever rules there are. >> of course, even with the denial without prejudice if the applicant changes their application to make it less intense they can bring it back at any time. The without prejudice, give me one second. I believe it's six months so if the applicant wanted to bring it back within a would need to wait six months to bring back the same application. >>commissioner bermudez: wouldn't have to go before the community council. >> it would have to go before the community council. >>vice chair mcghee: commissioner regalado. >>commissioner regalado: I mentioned this last time and i will support the district commissioner but I think for the applicant it's important as I mentioned last time to consider while there are concerns with the smart plan, there is a fdo t plan for kendall drive. The reason I put apn in that plan is we didn't want to take up a lane in order to provide the rapid bus service. If developers were to provide an easement to fdot, we could do transit on kendall drive. The issue is the asement being provided by developers along the corridor. I am working with developers along my eace of kendall drive to effectuate te that but that is a fdot priority project that does have funding and is viable. The issue is we don't want to buy the easement, fdot doesn't want to buy the easement. It would have to be donated by developers to effectuate that plan. I said that last time. I think you should meet with fdot because there is a path forward that that would provide some relief. I'm doing it in my district, kendall drive is represented by three different people so we have to decide if we are going to do that. My only concern in terms of the district commissioner, I understand wanting commercial. I think if we deny it on transit, if they come back with commercial we are probably going to have a denial because you're going to have the same congestion. That would be my only caveat there that we MAY find ourselves in a similar position if we are slowly denying based on traffic but happy to support. >>vice chair mcghee::question. >> does commercial generate more traffic count, I don't know. >> I can ask public works to come up again but it usually depends on the size, this project was approved for a nursing home and that would generate 39 trips and 176 bids so it depends on the size of commercial. >> when you live in west kendall because we all have different areas but when you live in west kendall the idea with west kendall is it was never planned. It wasn't land properly in the sense we don't have the infrastructure for the amount of cars we have within west kendall. We don't have jobs out there. That's the biggest problem. And since we don't have jobs, a conundrum we find ourselves and I'm sure that the young lady that lives in west kendall networks for the initiation can attest to is that we are in traffic for hours every day going to work which is usually in the north and east and c