BCC - Zoning

do we have the people coming up already? >> the sergeant in arms informed me he's taking people. >> actually I want to take one item. Before we start bringing people up I want to take item 5, a5 first. >> I'll read in the opening remarks and call that item. >> all items to be heard today have been legally advertised in the newspaper, notices have been mailed and the properties have been posted. Additional copies of the agenda are available here in the chambers. Items will be called by agenda number and name of applicant. It will include documents from the public agencies and economic resources and where there's an appeal from the community zoning appeals board we also have the transcript from those hearings. All documents are physically present today, available to all interested parties and available to the board of county commissioners who May exam these items from the record during the hearing. Parties ave the right of cross-examination, this statement along with the fact that all witnesses have been sworn shall be included in any transcripts of the proceedings. There's an official translator prez present in the chambers for those individuals requiring such assistance. Did the clerk swear in everybody downstairs? >> yes, that's already been completed. >> so everybody is sworn in. I think e have Mr. James dorsey. >> sorry, Mr. Chair, what item? >> number 5. >> star holdings management, no protest, no waivers. >> we're getting together, guys. I had to take one item out of turn, commissioner, that really needs to be somewhere. Is the representation, the applicant here? >> Mr. Chair, it's commissioner heyman. This is a good project. It's workable in our area. It's been recommended approval of the request without any changes that goes into the new urban area street-type plan. I'm happy to move it. >> I know. I just have one person that signed up on the item, commissioner. >> oh. >> so that's what we're waiting for. I took it out of turn as a courtesy. That's the delay right now. We're trying to get that person to come up. Okay. The rest of the items for the sergeant in arms and everybody that's down there, we're going to start from the beginning of the items and we're just going to go through in that order. So we have the gentleman? Okay. Mr. James dorsey in? Are we talking about star -- >> hold off. >> we're talking about item 5, I'm waiting for Mr. James dorsey. The commissioner of the district already moved the item but I do need to har, somebody signed up for the item. >> I'll second the item. >> thank you. I'm just waiting for the person to come up. We took them out of order. Is Mr. Dorsey there or no? He's coming up. Thank you. Sergeant in arms, start also bringing up the people from item -- I believe the first one is item a. You want to go first? Dennis, do you want to go with the appeals first? >> Mr. Chair, it's at your pleasure. >> all right. After this gentleman comes in then we'll deal with the appeals. The person is not downstairs so therefore Mr. Attorney, it's been verified the person left, not downstairs. So we move on? >> yes, at this point you May hear from the applicant and then close the public hearing. >> okay. Mr. Applicant, please. >> good morning once again Mr. Chair, javi vasquez for the record. 1450 brickel avenue on behalf of star holdings. This is a technical request that changes the street designation to make sure that the alignment of the proposed building does not end up facing the ramp of a bridge, I believe. I didn't have the opportunity but if staff has updated you on the issue there's no eed for much further of a presentation, we would be delighted to have an approval in keeping with staff's recommendation. >> you already have a motion and a second. >> already moved it. Happy to do it. Good for the community. Support. >> thank you, commissioner. >> thank you, commissioner heyman. Seconded I think by commissioner sosa was it? Okay. >> yep. >> [Roll call] >> all right. Maybe today we'll get it together sometime. So I understand that you wanted to hear if we could get the appeals items out of the way. Am I correct? >> ly >> I will do that. >> we have to deferred item a first. Which do you prefer? >> it's really at your discretion. >> okay. Deferred item a. Let's go. All right. >> deferred item a, amber llc. Z 202093, 18 protests, no waivers. >> Mr. Chair, you May recall this item, the public hearing was opened and closed and the item was deferred at the request of the district commissioner for the applicant to have some discussions with the neighbors. So perhaps at this point it would be appropriate at your pleasure to hear from the applicant to see the status of that discussion. >> absolutely. >> the applicant is here? >> yes. >> okay. This is your item commissioner. >> commissioners, thank you very much for the opportunity. >> okay. >> for the record, offices at 2525 ponslet boulevard on behalf of the applicant. We have a presentation. I'm going to do primarily oral but some pictures are important if we can have that on the screen. >> what is the time of your presentation, sir? >> presentation is less than five minutes but I need to go through the deal with the neighbors so I want to walk you through that. Let's say 7 minutes. >> for your full presentation? >> yes, I think so. >> thank you, sir. >> plus time for rebuttal if necessary. I don't think it will be necessary. So the presentation is not up yet but just to give you some orientation, this project is on the bus way. We intend to do affordable housing here. The project consists of two parcels, but what you're being asked to do today is up zone only one of the two parcels. The first parcel is already urban center. We can build up to eight stories there and up to 600 units. We don't want to build 600 units, we don't want to build 8 sorries. Y stories. We're looking to build four stories and 342 units. to make hose four tories and that many units fit we've acquired a parcel next door. So taken a tall project and squishing it down. If I could get the presentation up, please. >> we have a traffic study. That's not it. If we can get to the first page that would be great. The traffic study was performed before the pandemic. The neighbor's biggest concerns is really ust the impact on the neighborhood site of tall building, et cetera. The positives for us is we are truly buffered when we get the drawings you'll be able to see that we have a 50 acre cemetery to the north of our property. No residential there. To the south we have a -- you can see it there at the very bottom left corner, life point church. That is over two acres, I believe, 1.9 I think possibly. That's another buffer. Then we have the sunrise community center, another institutional use that's also about two acres. So we're truly buffered. If we go to the next slide, please. Next slide, please. Okay. The next slide was a zoning map just to give you an idea. Then the slide after that key points from the application, staff recommends approval. We already overed how we're squishing the site. This matches the goals of the comprehensive plan that we've had for 15 years, which is to put transit -- to put affordable housing near transit and that's exactly what we're doing. Then we'll go into the neighbors, discussion with the neighbors. Next slide, please. So what are we doing for the neighbors. We're providing them a covenant that will run with the land. It will promise four stories. It will promise a 220 foot buffer from southwest 272nd street. It will promise roadway dedications to help with traffic. It promises construction of a crosswalk today even though we're on the busway there's actually no crosswalk to connect you to the bus stop so we're doing that. In addition, it promises a road cutting through the site to 3 break it up. That's important again for traffic because whenever you get a log jam at this intersection opportunities will have an opportunity to be rerouted. This map is important and I wanted to highlight this to you. Stop. Go back for a second. There we go. This gives you some context. Number one and two are our properties, the first parcels are rezoned, second parcel is what you're looking at today. You can see the church that you mentioned, the cemetery and in dark blue the institutional use. Okay. I've also talked to neighbors in each one of those communities because they expressed concerns. You're going to hear from some of them today. I expect them to emphasize that we have worked out an arrangement. Next slide, please. So height we talked about. Traffic we talked about. Each one of the items on the bullet list that has a star is on a covenant that's already been submitted to the county. Next slide, please. Parking we're roviding more than what is required by the code. We're providing, you know, the code allowing incredible reductions in parking along the busway. We're not taking advantage of all of those. Instead we're providing more than what is required. One of the concerns of the neighbor was walkability. To address that we are going to have an on site gym free to our residents. We're going to have amenities above what is typically found in an affordable housing project. We're going to provide 8 foot SIDEWALKs because a lot of the neighbors said I walk in this neighborhood, it's not going to be safe with the added traffic. Well, there's not going to be a need of concern for that because we will have 8 foot sidewalks. Ample landscaping along those sidewalks. Next slide, please. Neighbors also expressed concerns about aesthetics. When working with staff they expressed some doubts about being able to identify aesthetics in a covenant because it's very specific. I'm making a commitment to you now on the record and I also submitted a letter to the record to that affect that we will work with staff to improve the aesthetics, especially along the prominent corner that creates sort of like a gateway to this particular site. Other concerns that the neighbors had to do with security. To that extent we are providing additional lighting. We are also providing shields on that lighting because it's a quiet neighborhood and we don't want spill over effects. Next slide, please. In conclusion, staff recommends approval for this. It has been thoroughly vetted. I wanted to highlight that we actually have a site plan in process, in aspr process. Staff has reviewed that. Most of our approvals, almost all of the approvals are in and that project is for four stories. What this is going to result in when this site plan is approved is 36 units per acre. On the one parcel that's already zoned we have 125 units per acre. This is a massive reduction that's compatible to the neighborhood. If something else comes up we are committed to working with the neighbors. Next slide. That's it. Commissioners, I'm available for any questions you have and I reserve time for rebuttal. >> thank you for your presentation. We have people coming in for this. We have nicholas ambroso,er ernesto estladi. are they here, sergeant in arms? Who is the first? Nicholas ambroso is the first. >> yes. >> state your name and address for the record and then start speaking. You have two minutes. >> okay. My name is nicholas ambroso, I reside at 154th court. I'm currently -- I reside in the middle of two large developments that they are trying to put up. I oppose to them for the main reason is they on't fit. They don't fit the neighborhood. The traffic is already very difficult. You know, we did meet with the builders and, you know, for me it was more of getting the feelers out to find out what they are trying to do. And, yeah. So, yeah, I oppose it. Mainly for the traffic and it just doesn't fit. I mean, we're a neighborhood of single family half acre lots so we're going to single family half acre lots to developments on the left and right of us. This one in particular, they are talking about four stories. Four stories May not sound like a lot but it is when it's staring into your backyard. So that's it. >> thank you, sir. Next person. >> good morning. My name is ernesto. The reason I'm here today s because I'm objecting to the development. I would like to see things into the covenant first off. Second, the things they talked today even what I heard just before approaching the mic they are speaking about better amenities than those in regular affordable housing. I don't know what that looks like. I would like to see that as well. My objection is conditional upon seeing that as well as to see it in the covenant as well. We know and I've already -- I've been here a few times, they are trying to build to the west of the busway. We have an issue that is becoming worse and it's going o get orse by using the land to the west side of the busway to build all these high-rises considered you can call them for the area when all the area is single family residences. Most of the homes are 15,000 square feet, which is the home that I own. It is my primary residence. It is my only residence. It is the residence where I am building a family and I have 3 used my earnings and I pay, you know, tax dollars, high tax dollars on that property. So I'd like to keep it in the same way that I purchased it in there. It's not that I purchased it blindly into an area that wasn't called for. I bought that property as the zoning that is stated within the community. So I'm not asking to be changed, I'm asking to be kept the way that we purchased and to the community. Thank you for your time. >> thank you for yours. Vanessa. >> Mr. Chair, if I May make a comment at this point just to clarify. The comments I would urge the speakers to direct their comments to the presentation made by the applicant as to the things that he -- that the applicant has proffered since the last hearing. It's not supposed to be a redo of the public hearing. >> thank you. And those that are listening to me at this moment downstairs, that are still to come up, please take the attorney's words to point. If you do not speak to the issue as stated by the attorney, you will be asked to step back. So wit**** next person, please. **************** >> my name is lucia. I'm lso a resident in the area. So I represent -- I'm part of what is called concerned citizens in south dade. We're a bit orn here because they have given -- promised certain things they are not able to put in the covenant such as things like fountains, something that will beautify. They are not able to include it in there. We cannot -- I have a conditional objection pretty much to this. Walking around my neighborhood, everyone completely rejects. Then again they don't know the document -- details. If we can be given this in writing, in the commissioner can hold them to their promises then I think we'll be okay. >> okay. Thank you, ma'am. >> thank you. >> next person. >> hi. My name is vanessa. I also reside at 27610. I live there with my parents. They bought that house I want to say probably about 8 years ago. I just want to see that they can keep living and enjoying the area that they enjoy currently and ot have to deal with too much congestion. Not that we're against it but too much that doesn't fit for the area. The same as my mom said, I -- what is it? I don't object but I conditionally object to it. Thank you. >> thank you. Next person. >> good morning. My name is -- >> hold on, sir, please. I have mary waters. Mr. Waters. I need to keep the order, guys. Thank you. Followed by web carlisle and toman whistler. That's the order I need you in. Thank you. Miss Waters. >> good morning, everyone. How you? Mary waters address is 13600 southwest 229th street. This is another case of where apartment buildings well above the one story typical residential or commercial property is being built along the busway and U.S. 1. Which we are being over loaded with the quantity of these buildings, let alone the number of units. All of hese -- well, no, ot all. I take that back. anyway, this particular location is on the west side of U.S. 1 and it is requesting a district boundary change to be an lucdc, leisure county center district. This is not in leisure city, first and foremost. Second it's a county violation by calling it leisure center. This is as I say on the west side of the highway. Not in keeping with the zone requests that is being asked for. ************** asking said that, again, this is I believe to be a four story structure. It over shadows anything that's around it, anyone that ever thought they saw sunshine before will no longer have that. The increase in all of these apartment buildings and units being built I understand is for the busway and whatnot. There's no park and ride in that area. The nearest one is to the north. Now this property is 272 street. The nearest one to the north is 244th street. That's quite a distance away. The other one I believe is on 296th street which again is mails miles to the south. It was my understanding at a hearing quite some time ago that 272nd street, where this building is going to be built, would have been a park and ride that was designated by the county so it should be. >> thank you for your system testimony. >> thank you. 3 >> I have to clarify that commissioner soto is stepping out to the clerk and he will let us know when he steps back in again. Thank you. Next person, please. >> hello. My name is carlisle web. I live at 21651 southwest 127 court. I'm here to object to this 3 project today because I grew up in an area in chicago and that's all we saw was high-rises. When I moved to miami I was moved to a suburban area. I've been done here 27 years. Now when we drive down U.S. 1 it's nothing but apartment buildings on the east side and some on the west. Now we're coming on the west side and everybody is talking about building, building, building. We have another over 300 units coming in. Those units will need cars, they got to have somewhere to park. Nobody is talking about parking. They say park and ride but there's no line for that. I believe this area was going to be for park and ride and now it's going to be a place for homes or 'm sorry apartments. We just don't have anyway for people to move back and forth. As we already know, the traffic is horrible on U.S. 1. Not enough people will be able to use U.S. 1. Thank you very much. >> thank you, sir. Next person. >> tomam whittler, 118 southwest terrace miami, 33170. I would like to register my objection to this. It is a rural area that's starting to look more and more urban with the high-rises that are associated with the U.S. 1. the addition of traffic just this one unit will put an additional mile of traffic onto U.S. 1 as there is no park and ride close by. So people are not going to be able to just walk close by. I would like to reiterate what mary waters said in the objection as well. And carlisle web as well. So thank you very much. >> thank you, sir. Next person. >> good morning. My name is alfred. I reside at -- >> Mr. Nunz, I'm sorry to stop you again. James dorsey, he's no longer. Okay. So he signed up for this item too. Mr. Nunz, please continue. Apologize. >> I'm here to speak in regards to the application. We have met with the applicant on a couple of occasions. >> give you address please for the record. >> 160623 southwest 287th street, holmstead, florida. Sfwls thank you, sir. >> I'm here with regards to the application. We met with the applicant on multiple occasions. I conditionally do not object to this project subject to incorporating most of the public improvements that the applicant indicated that were not incorporated into the covenant. I believe there's been some significant compromises with the applicant by the neighbors. However I'm here to speak on myself as it pertains to this particular application. Thank you very much. >> thank you, sir. James davidson? Last applicant -- I mean last person to speak. Go ahead. >> good morning, commissioners. I'm james davidson, 18105 southwest 157th avenue, holmstead, florida. I'm here to speak in opposition of this project. Fundamentally the neighborhood is single family residents and this is an application to rezone to allow hey rise apartments. -- high-rise apartments. It's my understanding that there's one parcel that has already been approved for the rezoning. So really there's nothing that I can do to stop a project, high-rise project. So in this case I have to ry to minimize the damage to my neighborhood. So I have a conditional opposition because I have spoken with the applicants. They are respectful of the resident's positions. I would just like to see those items that e've discussed codified into a covenant that's binding. Okay. Thank you very much. >> thank you, sir. The applicant, Mr. Attorney, you said you wanted to have a little time for rebuttal. >> Mr. Chair, if I May before rebuttal I wanted to put comments to allow him to address them. The applicant's presentation and several comments noted there's some thing ins the confederate flag -- covenant proffered to you and some things not. The applicant's presentation kind of mixed together different things that were represented to the neighbors. I wanted to board to be clear and let him have a chance o address. The covenant that's been proffered to you doesn't have a specific site plan which would explain why they haven't included the amenities and some of the eautify concepts that were represented to the neighbors. There's no site plan here. This is a rezoning so they're not required to. He May want to address that to you. Things like the gym and the other amenities are not included hear. What is included here is the height limit of four stories, limitations on what principle -- no principle building will be located within 220 feet of the property line f southwest 272 nd street and land for the right of way along southwest 272 street, constructing a roadway the adjoining sidewalks between 272 and harriet tubman highway. Permanent lighting fixtures being screened and planting of shade trees within the public right of way. Those last things I mentioned, the infrastructure tape of things, those are in the covenant that's proffered to you so they would farm -- form the zoning e ing e ing approval and zoning regulation. >> hank you. Mr. Attorney? >> the county attorney appture captured a loot of what I was going to say. The written commitments they have been asking for were put in writing back in December and then modified in January. It's officially on the record and should be part of your kits. It's a letter dated January 11, 2021. In addition there's a covenant that captures almost everything on that letter from January 11, 20201. There's a couple of hings not there and I want to explain why. One of the more exciting items was an idea from a neighbor is a adopting a bus stop. We are committed to doing that. We have to work out the mechanics of how that will work. What you envision is like where nonprofit organizations adopt highways, where they eep them clean, et cetera. We're committed to doing that. The mechanics don't exist so staff rightly suggested they not be if the covenant. Another example is the aesthetics. We have not sat down and drawn out what the aesthetics parking and drainage. And to support two homes. You cannot justify based on the future desire on that property. I believe his true intent if he even plans on living in the neighborhood which is yet to be determined. It is to sell the second home to relieve him of the expense required in owning and building up on our glorious 1 acre lots. Again he can also build enough which is legal and does not change the variance. I please ask to reject his change in variance. Because it is entirely unnecessary and will destroy our neighborhood, property values. And our neighbors. Back >> I do not think we got the speaker's name and address. >> I was just going to ask. >> I live on 7650 southwest. 71st ave. And my name is mariana misquerdo of lived there most of my life and plan to continue working there. >> Ms. Rodrigas vos. >> my name is anna rodriguez vos at 7650 southwest. 71st ave. I have been there 22 years. I have raised my five children. I've taken a day off I am a teacher to be here. This is the third time we have been here pretty is walked around telling people he wanted to build an in law home. A home for his in-laws that ended up being a lie. You do not need to build a home for in-laws and build a request but he has changed his story several times. We all live here and are against us. My neighbors would be here but because of covid cannot come. And those who could not come off work are all against this. I have walked around talking to the neighbors. When he says he has petitions from them it is not true. Because they did not realize he was talking about splitting the property originally. Now if he has two homes there were talking minimum four more cars. If they have teenagers up to eight cars. What is to stop them once you open pandora's box for the neighbors across who have an acre to split it. And the neighbors back from him to split it. His lawyers will say there are some properties that are have acres. One time you brought up my neighbors property and that she was half an acre which is a lie. Because had he done his research properly he would realize her parents but the entire property from 71st ave. To second northeast. 2nd ave. And they got a permission from the neighbor to build her home on 72nd. But they still owned the entire property which is more than an acre. Every property on 71st on the east side is more than 1 acre. Way more than 1 acre. Some properties on my side had gotten permission. >> you have 15 seconds left. >> the only properties that have been split is because the neighbors have agreed. I cannot afford to take more time off of work to turn him down. If he wanted to buy a house on happen acre there are plenty of properties in miami. Do not make a pocket for other people to then go ahead and start breaking it up. This is opening pandora's box. >> thank you, ma'am. For 70 years. >> ma'am, thank you. Okay. The last speaker I have on the list. Because Mr. Marco constantino is not there, correct? so, with that let's move to? Excuse me? There is one more. Ma'am state your name and address for the record. >> my name is cecilia escardo I live I live on 7650 71st ave. I am here talking for two of my neighbors who cannot speak because of covid restriction. One writes dear commissioner be advised we are all vehemently against the nonuse variance for lots one and two for the area lot coverage less than recovered that is requesting. We are and continue to be against the applicant request to divide the property. Or less from property lines. We are unable to attend the hearing against these request for variance. For our area. Please do not allow the applicant to continue to exhaust the county and neighbors time. This request for rezoning was denied for good reason and will create a pocket and set a terrible precedent. This request does not fit with the current zoning for 1 acre for home and neighborhood outlined below which we currently have along the street. And not 69 avenue as well. The realtor is just looking to turn a profit by slicing and dicing to redevelop and resell at the cost of actual homeowners in the neighborhood. This would be detrimental to our neighborhood. Please save and preserve the acreage for someone who want to purchase on an acre has the ability to do so. Inside our zoning code e1 is said single-family 1 acre or more in area. existing land use 13 single-family low density under two du per acre. Sincerely elizabeth gonzalez, nso gonzales and jacqueline gonzales. Additionally another neighbor writes thank you for hearing my statement which is being read by my neighbor. I am in my neighbors and have not been vaccinated. And attended two meetings via zoom. Having grown up on southwest. 72nd ave. As seen this downtown dadeland urban downtown metrorail. Plus the 878 expressway. I have seen people get too many variances for personal and profit reasons which have to our beautiful green space. All from southwest. 72nd st. Are situated on one or more acres. We need to keep this unique spacious area and stop further development to protect our children, pets and wildlife. More development on our street will further exasperate the traffic and cngestion problems we are already experiencing. Please vote against the zoning change in any nonuse variance but the owner bought this property knowing it was e1. >> Mayor Jose Diaz: ma'am, thank you. Please step away from the mic, thank you. >> Jean Monestime: thank you and vote against. >> Mayor Jose Diaz: is that the last person now? Thank you. >> thank you Mr. Chair and good morning my name is simon farrow 2525, representatives for alango in this request. They are here with me I would like to say a few words. and explain to you why they bought this property. This property and I will just say it was bought by them. Tey were looking for a smaller lot in this area they could not find one. This was the only lot available. I will let them go into this. The address is 7420 southwest. 71st st. It is zoned eu1 just like other properties are zoned qni. The big difference is this is a mixed use area. It is pedominantly smaller lots. Let me see, these are the lots that would be split. The net square footage of the top slot is 22,070. At the bottom lot 22,799. The street you have on the rate is 71st ave. The street on the top is 74th st. And I will show you the general pattern of development of this whole area. So that you can see here is an aerial photograph the star is this property. That star and that property. Again the street to the left is 71st ave. On the bottom to the left is 71st ave. On the bottom is 74th ave. And 71st? I am sorry 71st ave. And 74th st. The street to your right is 72nd ave. Now take a look at the lot on 72nd ave. And they are zoned eu-1 they are small lots. And there is aphotograph. As you can see from that aerial photograph the whole block between 74th st. And what is basically 79th st. On the top going south. That whole area is filled with small lots. This is all zoned eu-1 but these laws have been in existence since 1958. so this is not a predominantly eu-1 developed area. It May be zoned eu-1 but most lots within the area that would be affected by this lot split. In fact are small lots. On the same side and some even smaller then the lots that we are proposing. I will show you in a minute the square footage of all these lots. This area here this area shows you the lutheran church. Where you see the yellow stars. The rear parking area of south miami lutheran school. Which is an impact that none of the other properties have. They need a difference. But we will live with these lots. This is the area that the sotolongo want to live in and make up the immediate neighborhood of these properties. Every lot where you see an x, most of them are in the mid 25,000 net square-foot lot acreage. Which is more or less what we have for our lots. The square footage of each. What you see here. All the other lots are yellow. Are in the mid-20s in terms of square footage. The lot immediately to our left on 72nd ave. The first lot is 76,571 ft.?. The second one is 20,027. There is one 18,009 88. And tis one is 21,000 188 but when you take a right turn in the bottom that lot is 29,000 ft.?. Compared to one of our lots which is 21,070 and the other is 21,007 99. If you go to the top right-hand corner which is half a block away from our property. And that is on 74th st. One lot is 24,000 ft.?. The other is 29,600. If you go down below southwest southwest 76th st. Which is by the way where the address for the objectors is. You have lots that are 23,009 68, 22,004 33. Then on lot white is an acre lot. Especially the one to the right on 71st ave. That I believe is the address for the objector. That is a 44,000 square-foot lot. That is an acre. But as you can see it is sandwiched in between two lots that are 20,000. On the north that lot is cornered by a lot that is 22,433. At the bottom lot is 22,004's 15 ft.?. At the bottom lot is 22,004's. This is the rest of that block going down. Again on the left is second-72nd ave, that big block is that home. We are not on the east end side we are on the west end side. And that determines our immediate neighborhood. If you keep on going down the stretch you have a lot 76531, 22651. I do not want to go don't all of them but I want to make the point. When they say this is a predominantly eu-1 that is not correct. This is an area predominantly smaller then eu-1 lots. Most of these laws have been there since 1968. And there have been three variances approved in the last 20 years. Approving lots similar to our size in this neighborhood. we are not introducing a new concept in a neighborhood. We are introducing a concept that is the trend. And has been this way since the 1950s. I would like to ask Mr. Sotolongo to say a few words. And explain why he bought this lot in the process. And he did knock on doors. >> mayor jose diaz: Mr. Pero, after testimony tried to bring it in to a close. >> Mr. Sotolongo. >> Mr. Chairman and commission Mr. Pero that we expressed the lot is 44,000 ft.?. For us the property is larger than we expected when we looked into developing it. And we got a favorable judgment from everybody in the building department in the process to develop this property. It is not something that is an eyesore. Our goal is to build a nice home for us to live in the rest of our lives. That is all I have to say. >> and Mr. Chairman just to close Mr. Sotolongo did knock on doors. Challenging under covid. Six people signed petitions of support. May I have? And most of them. And some of them were in his immediate block. I want to make sure that you know the property immediately across his property to the east. Which is a 1 acre property newly built newly constructed. The owner of that property signed a waiver of support for Mr. Sotolongo as did several other people within his immediate area. As south of 76th st. It did take a look at the aerials. If you look at how these lots are plotted and developed the vast majority of these lots within this block where we live our in the mid- 20,000 square-foot lots. They May be zoned eu-1 but they are not developed eu-1. And what we are doing is keeping with the general pattern of the area. The positive recommendation from staff and I ask you support the recommendation. >> mayor jose diaz: thank you. Mr. Atorney you May read. >> only to point out there is a plan attached to your kit but it is not the renderings shown. I want that clear for the record. Other than that I have nothing else to add. >> mayor jose diaz: commissioner ragalado? Do you want to hear from colleagues first? Then you can wrap it up. With that any other colleagues any commissioners have questions on this? Commissioner hardemon? >> keon hardemon: what was the cost to acquire the property? >> 765,000. 780. >> keon hardemon: what is the average cost of a home in that space? >> I do not know. >> the house I built probably valued 1.5. >> 1.5 on each? >> the other existing was day at that value. The rise in value since I bought it three years ago. >> keon hardemon: when you say what you will build. you build something for yourself. That is something different you can add all kinds of materials to it that May be valuable. But you May not get back when you resell the property. I want to have an idea what an average house will cost in that area. Because I would imagine that if you broke it into two parcels. And parcels in that area that have homes built upon it. That the value would be similar to those if similar size. Similar to the one loan property. Trying to make it more affordable to get into that area. >> keon hardemon: I would not say more affordable it would be competitive to what is in the marketplace now. I have been quoted as being a realtor. I am not a practicing realtor I use my license to buy my homes. But I would not be able to answer that question. >> mayor jose diaz: thank you. With that anyone else? Commissioner ragalado. >> raquel regalado: I want to thank you the residents who came out and spoke out. I know this lot issue is controversial in district 7. But to commissioner hardemon point these areas have gotten expensive. And as we move closer to the urban core the acre lots ae being split into half acre lot. Of the multiple split into much smaller lots that would not be in accordance with the neighborhood. I would be against it. But as you can see from the map we have several half acre lots on 72nd. On 76. And and surrounding areas. we also have in the city of south miami lot approval approved by the municipality. And given the defense of meeting the property. And for the ability to live in these neighborhoods without impacting the quality of life of those who live in acre lots. I would ask my colleagues to support. >> mayor jose diaz: is that a motion? >> and commissioner would that be in accordance with the staff recommendation? >> raquel regalado: yes. >> since this is a denial this would take 2/3 to reverse. >> raquel regalado: that is the motion. I have a second? >> a second. >> mayor jose diaz: and monestime is second. Will call? >> just a bit of discussion before we take the vote? >> mayor jose diaz: you want to discuss the issue? >> I want to say something. Commissioner ragalado I am glad you put that on the record. What I noticed in areas where housing is more affordable or building affordable housing. We are building a two-story buildings or more full of sometimes hundreds of residents added to areas. Especially rental properties added were people own the home. We rush to put those in these areas. And in areas like this where you have an acre worth of property. The average square-foot of a lot is a square-foot. And people big not to have some additional density if you will is almost shocking to the conscience where you live where you have 5000 ft.?. Now of course we want to be respectful of the community and I believe we should do that throughout miami-dade county. It goes both ways. To allow two homes. It is disgusting to that place. It does not make the housing to the area. It is really in line with the way we look at how we should be looking at housing. Putting all of one type in one area. Thank you. >> mayor jose diaz: is that it? Commissioner hardemon, thank you. With that I have a motion I have a second adam clear? >> commissioner hardemon? >> for. >> commissioner heyman? >> yes. >> commissioner higgins? >> yes. >> commissioner martinez? >> yes. > commissioner maggie? >> yes. >> commissioner ragalado? >> yes. >> commissioner sosa? >> yes. >> commissioner souto? >> yes. >> mayor levine cava? >> yes. >> it passes. >> mayor jose diaz: Mr. Attorney? What this is appeal by number two childbirth in 2019 two, three, or four 107 protest ad a waiver. Mr. Scher there are two speakers who requested reasonable accommodations they will be on the line. As well this is an appeal of a denial. Which would require two third to appeal. >> mayor jose diaz: we will hear from the applicant first. >> I think it is still good morning. Good morning, 701 rigoletto ave. Followed by amanda and representatives from our homes carlos gonzalez the contract purchasers for the property before you. As advised staff I believe my presentation is 12 months we are appealing the decision by the community council I will endeavor to move quickly. But we have a few important issues this morning. The property is approximately 30 acres. About 216th. >> mayor jose diaz: one second how long is your presentation? >> about 12 minutes. >> mayor jose diaz: 12 minutes? Mark down 13 minutes for him. >> mayor jose diaz: we need to get in a time pattern for that. With that please continue. >> the area before you the property is 30 acre rectangular piece on the northwest corner of 216 and 1 27th ave. The purpose of the application a handful of request. We are rezoning for residential development. We are rezoning the western perimeter to eum will get into buffering and providing for transmission in the neighborhood and why we are doing that. At the balance of the property is eu-1a and a private variance and and old restrictions that would allow for commercial development that is not coming to be. I think this is one of our most important slides. And I want you to take a good look at the fact that this property is exactly in the middle of the low density of the six dwelling units in your comprehensive development master plan. And you will see what we are proposing is below that limit. But I think you will hurt a lot about this area cannot support anything fr that a total of a state density. As per your developmental master plan for should be with six units per acre. We will not reach that level. But I think this is telling. We're not on the edge of the yellow we are not abutting it. The state density. We are not o the edge on the abutting higher density we are in the middle. What makes sense is a single-family dvelopment like we are proposing we will show that in our slides. Here are some of the zoning categories. Some of the discussion was that the totality should be eum only state lots. We are poviding state lots on the eastern perimeter. But as you can see on this slide there are a number of zoning categories in this area. To our east across the area you see ru1. There is ru1-0, ru1-z across the street. And to our west there is the state density. And that is what we are placing state density. As the previous slide showed you from a land use this property should be developed with what we are proposing this morning. Absolutely this slide bring some the same point from his zoning point. On 14 we heard from that evening. We are from the community council. That the application was turned down. I think a large part of turning down the application candidly was the fact that during the process when we file this application staff had requested of the applicant we provide a declaration capping at 180 units. And that is simple math but never ask a lawyer to do? I will endeavor to do 6?30. And that is all it is. The zoning staff wanted to make sure that the density per zoning match the density that the land use provided for. That was it. It was never our intention. And the lot proposal we had would never yield up to 180. However I think that focus on that one covenant on that dy. The conversation went in that direction there was serious concern that if the only covenant in place was 180. And all we were doing was taking we would not built all 180 homes. There was not the teeth or insurance for the community of te community council to make that decision that evening. I am here. And I handed a copy to Mr. Hogan. I want to thank you to him for recommendation for approval. We povided him with a copy. We have fully executed covenant that taps this property at 135 units. Our density and the declaration of restrictions is being reduced from 10 to 135. A reduction of 45 units. What that yields is approximately 4.5 units per acre. Simple math but 135 units on 30 acres yields about 4.5. again we are not reaching the full units per acre. We are recognizing this area has other challenges outside of this property perhaps merit the reduction. And happy to proffer that today before the county commission in the hopes this project can move forward. There are improvements in the immediate facility that the county is undertaken improvements on 216 two the homestead extension those are home improvements but and the like. The intersection at our southwest corner of 216 and 1 27th ave. Is in the process of being permitted. And so there are some improvements. Additionally this project like any other project will have whatever site plan improvements sch as turn lanes, deceleration lanes into our community. We will ameliorate our impact on a micro level and ensure in the planning process we meet all of those. However on a micro level with the conversation came about in community council. There are certain improvements in the area and we wanted to highlight some of those. This is another slide from the bottom rectangle that tells you about the improvements on 2 16th st. You are all familiar that there are going on. We wanted to bring it to your attention. One of the concerns we heard in the community council meeting relied on lot sizes in the area. And again we heard from the neighbors that spoke that evening I opposition that there was basically a universe of state density lost in the area. I thought it was important to bring to the attention to the commission what is the truth. As you can see we placed it, I will take a second. His lot of times property owners will talk about a property and the adjacent neighborhood. And they limit themselves to whatever touches the property. I do not think we can take this piece of property and assume the only think we should compare to are the only thing that matters from developing these properties is the homes to our west. But to the east even if across the street from 172nd ave. I do not believe anybody lives across the street lives in a different neighborhood. That is not the way we function or think. I think it is important to look at this. On the left side of the slide we have a large range. To the north you have lots 86,000 to 10,000 ft.?. To the south a broader range. And you have larger lots. And to the west we have the eum lots. Our request is we are basically matching the western perimeter. The western size of eum the typically average 18,000 square feet, at a minimum of 5000 square-feet. Geometrically when developed you will see the lot sizes that will be the minimum. When you look at that chart you see those lot sizes match well with the lot sizes you see before you on this slide. The neighborhood outreach. It is critical we do not take it for granted. We use the opportunity to meet with some of the neighbor we met at community council. I was subsequently had January 7 a meeting with neighborhood representatives. That are listed up there many are here today and you will hear from them. We spent all of three hours at the community center. Engaged in conversation and made many of the same points were made today. And promising we would look at what we would truly build and offer a covenant that matches that. In addition to the in person meeting we had members who met at the community council meeting. We mailed letters you can see on the left-hand side. To 2500 homes. And 8-10 calls. There will be townhomes developed. Had to understand this was a month and and to 500 homes in person. As safely as possible with hand sanitizer and masks and the like. They will build single-family homes. The staff recommendation of approval. A recommendation of approval from your zoning stop we work closely with them. They are aware of our efforts and we thank you them for their time. We focused a little on the challenges we heard at community council. Taking a step back on the left-hand side . We are a little over a mile from the busway that May be a railway if Mr. Mcghee's impassioned speech is taken to heart. And anyone listening is part of that conversation. At about 2 miles from the turnpike. These are some of the last remaining parcels. They are in close proximity to the transit corridor. We have to take advantage of it. Within the confines of what the cdm allows for like what we are doing here today. The slides tell the huge story. But our population continues to grow. It is driving demand. It's a simple economic principle of supply and demand. If we cannot build within the confines of the zoning code like we show today. We are not addressing the needs of the neighborhood we are trying to strike a balance. In tis area the dpletion of single families are there. Not only should you not complete it you sould have inventory beyond that. This will not be enough to fix this problem but one step in the right direction. The similar slide to the beginning. We are not here to have that conversation today. The money load that developed the site. In various different impact fees. And this 30 acre parcel has contributed 18,000 last year. Once developed this will contribute 1 billion. Roughly 1 million in recurring tax revenue to address the needs of the community. Just some of the renderings. The effort. And so it is important for you to see the quality of the homes. >> mayor jose diaz: wrap it up. >> my last slide there have been talks about the farm. The milkshake that is to arrive there. For any who have been to the new site it is a new way. Agribusiness continues in a new facility. They moved from this location. This could not serve the housing needs of our community. We wanted let the continue continuing to keep an asset in the agribusiness that has an opportunity to develop the site. This is all I have for you I went 40 seconds over. And I will reserve sometime if there are comments from the audience. >> mayor jose diaz: thank you. Mr. Attorney? But that would be an appropriate time to hear from objectors. >> mayor jose diaz: with that state your name and address for the record you have two minutes to speak. I have mary waters, carmen weiler, nicholas agressno, arnaz so sherze please put yourself in the order. >> I would like to ask for the latitude on time. >> mayor jose diaz: you get a little bit of latitude. >> please, you are going. >> I tried. Live on southwest. 139th st. Several clarifications from what was just told you. The repairing of the street that he mentioned. The traffic light. That was not paid for by lenardo those the people's transportation plan for the transportation money that paid for tat. For the turnpike to 1 72nd ave. It did not increase the land size except for a turn lane in regards to the neighborhood. The neighbors in this neighborhood are not saying that they do not want any development. The we do not want any comparable we want it to remain in the trend which is a eum 18,000 square-foot lot. What Mr. Arzo told you is he is not good at math and I can see he still isn't. He is proposing the 30 acres would be 180 homes. And their application they have approximately 7 acres would be in the state modified home plot. That remains with 23 acres that would be in the 5000 square-foot lot. Just imagine that you have somebody buying and paying half a million from a state law and will put them next to work in the same community as 5000 square-foot lot. It is out of the trend as far as a mile and and a half square area. Are you eu-1 which is a 5000 square-foot lot but you can output something that small without thinking you have a bunch of sardines in a can. It is extremely inappropriate for this area. It does not fit there. We know this area extremely well. The farm owns that company. The birth family. The last eight years it was leased by somebody. Ma'am thank you very much. You May proceed. >> thank you. My name is thomas butler 128118 miami, fl 33170. I live right across the street from this property. I would like to thank you for the opportunity for the chance to speak today. Appreciate that. We did for artisan at a meeting at the community center. However it ended up in an impasse. Hang on let me take a look. As I said before we do not object to the sale of the property. We know something will be put there. But we object to the density levels that will happen. Will have a state module. And they will all be small. It will increase the density of the traffic on that particular site. On 127 and 216 for that matter. Also, there are going to be basically two entryways for this piece of property. One on 127 and one on 16. It coming out of that property and you want to go northbound on 127 you need to cross the southbound lane of traffic. To await on rush-hour. It will be a risky event. On the south side if somebody wants to go to the turnpike they have to go to the west side. At 127 test test test test test test . >> has been reached and I understand that the residents wanlt all of the property to be developed to eum which is 15,000 square foot homes but that makes it out of reach for a lot of residents to purchase similar to the woman who gave comment of wanting to live close to her mother, the smaller homes May be more affordable for more of our residents in south dade. If you have something December brat to add. >> I think you confused me. >> I apologize. Sometimes these re -- I wanted to confirm that it's 1357 units. >> that's exactly right. >> okay. Now we got it cncnccn roll cal yes. >> cohen-higgins. >> okay. Now we're going to take a break for lunch. We'll meet you back here. >> Mr. Chairman. >> yes. >> just want to let you know that I have a hard stop at 3:00 P.M. For an army corps of engineer on the study that we've been scheduling for months with their chief of planning. I do have only one item for district five and I'm wondering after the break if we might take that one first. It's the larnlest development that would also should we gam to agreement today output the largest number of people back to work of any other item n the committee. I know that May mess the scheduling down stairs but perhaps thanked be rearranged during the lunch break. >> I think it can be. >> but it's current item number three is what I would like to take up after lunch. >> yes but here's the problem we have. If you take off at 3:00 we don't have quarry um for the rest f the items. >> I know. Unfortunately, this meeting is multiple municipalities. it's the back bay study. It's an unmovable meeting. >> okay. I'm faced with a dilemma here. Either we stay and not do lunch because I need to hear there's a lot of people down stairs waiting and you could eat I guess up here or whatever but I can't sit here and just allow us to go to lunch and then we lose quarry um. >> I'm happy to stay here and be hu >> the other people around you might not be so happy but that's the way it's going to go. >> with that, I apologize if the we're going to run through lunch and I am breaking the rule but there's a lot of people that >> so with that, the next item up, current item 19300 U.S. Inve @@@ one waiver. >> is the applicant ready? >> Mr. Chairman, commissioners, for the record, I'm here this afternoon on behalf of the terre rah group regarding a new mixed use project we're proposing within downtown kendall urban center. I know that you only have a limited time available to take up the remaining items. I'll keep my presentation short. >> yes. >> trying to go back here. >> essentially, we are proposing a mixed use project that contains hotel ground floor an restaurant uses and self-storage uses on this site located right on U.S. 1. It's a unique site in that it's land locked essentially between two parcels slated for development at a much higher height and density. And we have an as you can see in this image a ten story parking garage to the south so we've designed a project that essentially maximizes the uses that could reasonably be fitted there. We worked hard with your staff over the last year and a half to create a plan that activates the site. We've been able to elevate the ground floor obby of the hotel outdoor seating and dining area with landscaping. Dining has become very popular and this is just an image showing it so we're also replacing the sign. We have a positive staff recommendation. There was two people that submitted layers of instruction but we've been able to speak to both of them who are in support of the project. >> thank you. Do we have any speakers on in at >> I understand there's none at this time just want to verify. Thank you, agent at arms. With that, there is no public hearing since there's no speakers. And this is commissioner cohen-higgens. >> no, it's me. >> I apologize. >> no worries. Do any of the ther commissioners ave any questions? >> that's what I was going to. >> anybody have questions on this item? >> I do. >> okay. Who is that? >> commissioner sosa? >> thank you. Go ahead, ma'am. >> thank you, Mr. Chairman. The application that the request will impact water and sewer services. It May bring additional noise into 2 area and with density in development, the lack of only 25 parking spaces what is going to happen is wars need to drive or go to a hotel. I'm not so certain that I need an answer from the department on the services impact. With regard to the parking, the -- >> can you get closer to the mic, please? >> because of proximity to the dadeland self-station, the zoning quoed has a full reduction of parking. And that is unique to downtown kendall and some other rapid transit zones when you're within 500 feet of the station. Is there a capacity for this development, do we have the capacity for the hook up for anybody else? Cccccc >> okay. With that, you have the floor. >> thank you. Thank you so much. This development in our rapid transit zone so I think that we have historically been asked for increase in density. We're going to see something very dramatic to what is there. I would not have thought that storage was the best thing for a rapid transit zone. A hotel that's going to have some movement. The only thing that I would have the applicant is landscaping is I little light. so if you guys are open to a little bit more landscaping, you know, I know that it's in between two other buildings and there's larger scale development but if you can find a way to squeeze in more green, that would be appreciated. I think it's a pandemic centered approach and it's something that will be well received. >> go ahead. >> with that -- >> go ahead. >> this is a very good suggestion. I think there is additional space so we could accommodate -- we could perhaps proffer a condition -- in terms of on site trees that's something that we could definitely on site. >> thank you very much. >> thank you, commissioner. >> okay. Thank you. >> with that, I'll move the item. >> I have a motion and second by the vice chair. >> okay. Madame Attorney. >> per staff recommendation with the additional conditions proffered by the applicant. >> thank you. With that, Madame Clerk. >> commissioner higgens. >> yes. >> commissioner martinez. >> yes. Okay. >> commissioner mcgee. >> commissioner monastime. >> commissioner regalatto. >> yes. >> commissioner sosa. >> yes. >> commissioner -- >> next item. Z 202089. No protest. no waiver. How much time do you need? I need this to be a sufficient and not lengthy. Close prop good afternoon. I would say that no more than five minutes, sir. That s appreciated. >> let me just ask staff a quick I'm with 1450 biological avenue. Here on behalf of north miami-dade farmers, llc, purchasers of this. Lying t the southwest corner of 296th street and southwest 1158th avenue, this is different than some of the other applications we've been seeing in your district commissions. This be is a district boundary change from are you one and au. To mix use corridor district or mcd as we will refer to it. The app scant proposing a development of a 321 residential unit in six three story multifamily buildings so it's six buildings each having a maximum of three stories. Sidewalk widths just to name a through so there are no variances act companying our request today. Staff has done an outstanding job in summarizing the comp plan analysis starting with a smart plan and proceeding from there with 19-7, all of which you guys know add gnawed yum. The proposed -- ad nauseam. Aligns with the commissions vision, this commission's vision under the smart plan as well as the lining with the interpretive text of your dvmp. I would like to just show you a quick five or six page summary that will give you all a good look at the proposed development. our application and request for rezoning includes a -- the proffering of a declaration or restriction which would tie us to this plan as you can see here.