Miami-Dade Board of County Commissioners

>> test miami-dade . >> who's presenting? So you explain it, go ahead, the floor is yours. >> good morning everyone. I'm director of miami-dade county water and sewer department. For the last 15 years we've done this poster contest. And the reason we do this contest is we want to help our students across the county value water, apreciate water, understand the need for conservation. Today is an exciting day because we had over 104 schools participate. We had 3200 entries aross this county from kindergarten through fifth grade and what we have today is a winner from each county commission district . So we're very excited to recognize you and your artistic capability is and we thank you for all the work you've put into this as well as your schools who have participated. So what I want to do is introduce you to our master of ceremonies for the day and his name is patrick martin and he is our water use efficiency manager. >> good morning everybody, thank you for coming, congratulations to the 13 winners. Im going to call up each student in a minute but I want to mention there's a screen up there displaying the winning posters and we will see the sponsors that provided gifts to the students you'll receive at the luncheon after the event so I want to point that out and thank publix for their generosity in sponsoring the luncheon. By the way that event is going to be served on the terrace upstairs on the third floor and there will be people that will show you there after the event. So are we going to have the county commissioners for each student step up? For the ones that are here, excellent. I'd like to invite the commissioners to join us by the dais and now I'm going to present the names of the students and parents and teachers I'm going to call the students and they're going to have a picture with the mayor, director and the respective commissioner. Parents and teachers remain in your seats if you don't mind. There will be opportunities for pictures with your student on the terrace at the luncheon afterwards. First student is district 1, liana toronto from carol city elementary school. [Applause] Okay, and the next student that's here is from district 4, valentina urasa. [Applause] Okay, next student is district 5, diana limas from citrus grove k-8 center. >> wait, don't run. Everybody to pay attention to her boots. >> we planted on saturday 30 new trees. [Applause] [Inaudible] >> grade and next student is district 6, ashley hernandez from miami springs elementary school. District 7, valentina costa from sunset elementary school. And actually valentina stay up there because she also won the statewide drop savers contest. Impressive. And melissa velez from florida section of a ww a is here to present the award to valentina. So that's really impressive. The next student our next student is from district 8, natalie no doubt from coconut palm k-8 academy. And our next when a student is from district 9, ian aguiar from florida city elementary school. And next wedding student is from district 10, ruiz fernandez from gentry elementary school. Our next wedding student is from district 11, my adult daughter from carlos j finley elementary school. Excellence, next wedding student from district 12 santiago macias from bridge prep academy. >>... We are going back to district 3, winning student from district 3 is marie oliver from melinda elementary school. [Inaudible] Okay, and I'm calling up district east again, natalie no doubt for the academy and her teacher, MISS Tempien. Come on down. Okay, next wedding student from district 2, gabriella gentry from st. James catholic school . Okay, gabrielle is not here so we will get her her award and gifts afterwards. Our next winter, last but not least, district 13, samantha vishya from flamingo elementary school. You know, we will call samantha's teacher cindy, come on down. Can we get the district 13 wedding poster, we will give it to the teacher. If the teacher from district 2, a teacher from gabrielle if she's hre can she please come down as well. The teacher for district 2. Gabrielle. Congratulations to all the winners. There's one more. Okay. Carlos, what district? If all the students can come down one more time to the front of the room for one last picture. If all the winning students can come down. Come on students, come on down to the front. For one last picture. >>... All right, come on students, get to the front, lined up for a final group shot . Okay, I want the students to line up at the front. Squeeze in . All students get there in the front, lined up. In front of the mayor and respective commissioner. Okay. >> now we're going to do another water is life on three. one, two, three. >> water is life! >> this concludes the awards ceremony and we invite the students and their families upstairs to the terrace for a special luncheon . Thank you to german gilbert and the board of county commissioners for hosting this annual partial presentation. >> thank you so much guys. Thank you so much. One quick picture. You are good. Listen, that deserves a picture. All right. Commissioner higgins, commissioner begins quick picture and you are up for your presentation. Thank you guys. They draw better than I would for sure. Congratulations, boys and girls. And now if everybody would take their seat, if everybody would take their seats. All right, commissioner higgins. You've got a big presentation here. Commissioner higgins has a big presentation. Boys and girls, you paint better than I do. Have a great day. You got to skip school today. Don't let it become a habit. Commissioner higgins the floor I yours . >> we've had our whole county represented by amazing artists and I know art is important but it's cool they are using our art to tell us how we can save our evironment and our precious water supply so anyway pretty fantastic. today is another fantastic day in our county. We are starting with our young people and now we are moving on to our older organizations. Legacy and our senior organizations so today is a pretty exciting day because we are here to celebrate the 100th birthday of united way in miami. So let's give it up for the united way. Eerybody from united way come up here ladies and gentlemen. So we're pretty excited. Well we're not excited, we're grateful. That united way has been such an integral part of everything we do here in the county. Because for the most part they help everyone at any time in the midst of crisis. You guys they're going to yell at us to not balance over. I know how these things go. Everything from low income families in need , making sure folks get job training, making sure folks get education but I'll tell you what mattered most personally to me is during the pandemic , everybody was in crisis, didn't matter if you had the highest paying job here, some folks lost their job but then we had very vulnerable families in complete and total economic crisis. And when the cares act program was rolled out, we as a board unanimously made the decision to make sure we were going to direct a to the lowest income families. And who are you going to call, that's actually the united way. And you all stood up a contact center or response center and basically got the funding into the hands of families that would have not survived overnight. And I remember having a conversation with the team that we got all the money out, we were feeling good because we were working nights and weekends and pretty much exhausted and you said they're going to hate our commission agenda because we received some additional funding from arpa and we're going to ask you to do it again and they said we will be tired another month we will do it again. Mme. Mayor you have beautiful things you want to say about united way. Is this an advertisement for the mayor's ball? Somebody's remembering our talking points. Just kidding but we thank you for all you do, not just for us at the commission for all the folks that live here in the county. Mme. Mayor . >>mayor: thank you for making sure this significant event receives the recognition that kids do here at county hall. We are a new community, I young community, not many institutions can get to be 100, only the best. And the united way has been serving our community the most needy across all the different areas of assistance needed whether it's disaster or healthcare or income support or job assistance which is a new initiative under this leadership. We are so proud that we as miami-dade county are strong supporters of the united way. I think one of your biggest supporters. That through the payroll deductions that our employees authorize because they recognize the incredible work and partnership. Over the years personally I've worked with the united way through thick and thin. I've been a recipient of the grant from the united way, I've been a consultant, an official partner watching the prosperity campaign so I am a big fan. This hundred years is something we all must be proud of as a community and we need to continue to lend our full support the cause this please find the doors, quiet. This united way is not your grandmother's united way. I know we started, this is a new innovative responsive agile united way. And for example we partner with this united way around assistance to refugees and immigrants. That is one of the areas of leadership we are currently working on so I could not be more excited to join when I heard it was 100 years. United way has a lot of fun. They do activities to educate the community and a lot of activities to raise money for these important causes so thank you for mentioning the mayor's ball. That would be my ball. That's actually why I ran to the mayor so I could be lead at the mayor's ball every year. We need to raise a lot of money and the event is MAY 11, it's not too late I don't think to be a sponsor or purchase your tickets to join us the 11th for the mayor's ball and we will have a beautiful evening for a wonderful cause so thank you so much commissioner for mking it possible and who is next? >> this new mme. Director came over from chapman partnership. And she is a dynamo. So we're really grateful for her leadership and for the great team assembled. Thank you so very much. >> thank you for having us. Let's gather for a picture. Thank you for all you do. Let's do this, guys. Commissioner higgins. We hereby on behalf of the CHAIRMAN Myself as your vice CHAIRMAN And are mme. Mayor and the board of county commissioners declared today whatever today's date is united way day so congratulations. 100 years. >> happy birthday united way. >> with the executive director like to say some meaningful short words. >> I like the words short and brief. I'm so happy are incredible mayor made an important correction that we are not the old group , that we are really a united way 2.0 but we are so very grateful to be here today and I can't even begin to tell you how incredible our mayor is in her support to united way. 100 years does say a lot. There's not many organizations that can say they've been around for 100 years but we are united way 2.0 so not only do we support the great work of this community and people that deserve to have the support but we're doing things like job training, taking people from educational opportunities and putting them into jobs. Were looking at investing in more places like haiti where we know there needs to be support so we are here or the go to office or the mayor, where the go to office when there's a crisis, the go to office when you need our services to we are so excited about today but we're even more excited about united way 2.0 . It is not your grandmother's united way. It is united way for everybody but more importantly were doing incredible innovative things so we want to say thank you, thank you for recognizing us and thank you for allowing us to be literally a pillar in this community during all the underserved populations but more importantly thank you for allowing us to be here today. >> thank you and congratulations, what a milestone. We did do a picture . Keep up the good work. Thank you guys. We've got one more presentation. If you want additional photos please step to the side. Mme. Mayor would you like to step to the side for some photos? We love you mme. Mayor. We have one more. nicely. All right, junior, come on up. You're alone, you've got somebody else? Come on. Junior was here early. All right. Cuban and cuban-american veterans day. Miami dade county is home to a vibrant and diverse community of cubans and cuban-americans who have made significant contributions to the american armed forces. Cubans and cuban-americans have served in the bay of pigs invasion and currently in the armed forces. It is proper we give acknowledgment to cubans and cuban-american veterans for their worldwide commitment in defense of values such as freedom liberty and human rights so as a cuban-american myself is my honor along with the mayor, the chair is not in the building yet and my colleagues of the board of county commissioners to proclaim today wednesday, APRIL 17 wednesday, APRIL 17, 2024 cuban and cuban-american veterans day. Congratulations, thank you for being here and receiving this proclamation. Important. >>... Junior will now say a few words. >> I'd like to thank the mayor's staff and commissioners to recognize the effort of those who have given everything for something that is secret which is freedom, liberty and also they have served in the armed forces around the world so it's just for them to have a day where we can celebrate them and all their sacrifices . >>vice chair: I am trying to wrap this up but did want to see if the mayor wanted to say some words. I know commissioner bermudez has been a vocal advocate . >>mayor: it's been an honor, just as cuban-americans , I'm sometimes mistaken for one. I am very proud and grateful. >> as a cuban-american I am very proud. Sometimes I'm mistaken for american. It depends if I'm in broward or dade county. What's important is the fact that on APRIL 17, anyone particularly in juba gave their life and a lot of the people here today, many of their children or grandchildren they continue to fight for democracy in the americas which is the most important thing also congratulations. >> and the last two men on the dais do you want to say some words? You're just joining. I don't know about the most but let's not fight about who is more cuban. She has her cowgirl boots, I like the boots. But she's good, but she's here for the photo so we are good. Junior, thank you so much for receiving this proclamation. That concludes our presentations. The photographer, are we doing a quick, is that now? Mickey steinberg, commissioner steinberg has her boots on. If you have boots, join the floor. those are real boots. >>vice chair: we will begin our board of county commissioners meeting shortly here. Please take your seats. Sergeants. >>... >> please call the role. >> good morning to all. Commissioner bastien. [Roll call] [Roll call] We have nine members present, we have a quorum. >>vice chair: we will have the prayer by commissioner regalado followed by a moment of silence followed by the pledge . >>commissioner regalado: thank you MR. Vice chair and today for a moment of silence like we said we wanted to take a moment and recognize our brothers and sisters in israel and generally today for the opportunity to be here to do the perk people's work. >> 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. >>vice chair: you MAY be seated. Okay, before we actually get started I'm going to go ahead and recognize the commissioner from the sixth district for a point of personal privilege . >> I'd like to rcognize visitors with us, we have mayor vincent langill for the metro area and nicholas rejimi so welcome them to miami-dade county, welcome to the bcc and thank you for joining us today . [Applause] >>vice chair: thank you for joining us today and thank you commissioner. We're going to start with reasonable opportunity for the public to be heard, is that fair mme. Attorney? And I have one registered speaker. Roy hardemon. All right. >>speaker: thank you commissioner. >>vice chair: good morning sir . >>speaker: I didn't get a chance to put my notes together so when I look around this great commission I see great people. But I know over the years we've done went through a poverty zone . >>vice chair: name and address for the record . >>speaker: roy hardemon, PRESIDENT Of the liberty city democratic club, 1292 northwest.79th st. Thank you. You know, again , we went through a lot of federal funds, state funds and we still don't have no development for black in liberty city, brownsville. Every time we get up the hill of making an accomplishment, some issues, that we can't protect our community. We can't get economic development spot in liberty city. Our community is broke. We are on 18th avenue , everybody working but african americans. You go to liberty square, A.K.A. Pork and beans, everybody working but african americans. How long do I have to say this? How long do I have to be up here and be totally ignored for the cry of the black immunity where we have nothing but black commissioners on this board? I'm sick and tired of being sick and tired. Mme. County manager , please hear our cry., and resolve these issues because you've got homeless people even today right in our neighborhood. I'm getting tired of everybody calling me and I get ignored by the fact that no housing is done for these people in our neighborhood. Thank you. >>vice chair: thank you representative and that is the only name I have four reasonable opportunity. If you did not register and you are speaking on reasonable opportunity, not on zoning or cgmp. Reasonable opportunity is now closed. Mme. Attorney can we set the agenda? >>county attorney: yes MR. Vice chair. We have a few preliminary matters, item 2b2, commissioner higgins and cohen higgins had this item to the pull list. 3a2 and its supplement, senator garcia adding this item to the pull list, that is 3a2. Senator garcia, commissioner mcghee and commissioner gonzalez and this item to the pull list. That was 3b4. And items 3b5 and 3b6, commissioner mcghee is adding these items to the pull list. 8l3, commissioner 8l3 bastien is adding the item to the pull list. 8o2, senator garcia and bastien at this item to the pull list. And 14a4, senator garcia is adding his name to the pull list. I also have additional requests for cosponsorship. 3a2, commissioner cabrera cosponsor and items 3b7, 10a7 and 10 82. Items will be those listed in the final agenda with deferrals withdrawals and the scrivener's errors noted in the memorandum and the items I mentioned. The commission will approve all these items by a single vote putting the agenda except ordinances for first reading, public hearings, ordinances set for second reading, item 8l1, a companion item to 7 a to amend the cdmp and item 8l2 relating to 7a each of which are dependent on or relate to the decision on and the following pull list items. 2b2, 3b4, 3b5 , 8l3, 11a1 and its supplement, 1481 and 1484. A motion to set the agenda is in order . >> so moved. >>vice chair: it's been seconded, all in favor say aye. Show the agenda approved. Mme. Attorney to start with zoning and cgmp . >> only one of them was paul . >>county attorney: if you want to move 14 a1 and 14 83. >>. >>vice chair: seconded by commissioner regalado and that is a voice vote. All those in favor signify by saying aye . >> do we have an airport one? >> not this time but thank you. >>vice chair: do you want to move the second one? >>commissioner higgins: I think I am okay. >> 14a1 in 14a3 you are recognized . >>commissioner mcghee: I believe I ws the only polling commissioner just to vote no. >>vice chair: let's take them up, do I have amotion. >> on 3 before we have two other commissioners. >> so 3 b5 and b6. We have a motion, seconded by commissioner bastien, all those in favor signify by saying aye . Show those past. Are we good for zoning and the cmpd? >>county attorney: next several public hearing items are zoning items. Prior to consideration it would be appropriate for the zoning director to read an introductory statement and call the first items. >>vice chair: MISS Zoning director let's get this show moving. Go ahead. >> good morning. Eric silva, rer. All items had been advertised in the newspaper. Notices have been mailed and properties have been posted. Additional copies are available in the chambers. Items called up to be heard by applicant. the rank-and-file for the hearing on each application for the documents from the public agencies apartment of regulatory and economic resources and where there is an appeal from the community zoning appeals board from these hearings. All documents are physically present today available to all interested parties and are available to members of the board of county commissioners who MAY examine these items for the record during the hearing. Parties have the right to cross examination. This statement along with the fact that all witnesses have been sworn shall be included in any transcript. In addition there is a translator present for those individuals requiring such assistance. Will the clark lease swear in all witnesses. >> when all witnesses stand and raise your right hand. Do you swear the testimony you're about to give is the truth the whole truth and nothing but the truth so help you GOD? Thank you, you MAY be seated. Interpreters, please raise your right hand. Do you swear or affirm you will make a true interpretations of the questions asked and testimony given? Thank you, you MAY be seated. >>vice chair: all right, we are now going to open public hearing on 5g, zoning item. >> MR. Vice chair through the chair I wanted to make a quick announcement the applicant's attorney for this item 5g has brought an additional document, a proffered covenant that was not part of the record earlier. Zoning staff is passing out copies right now. >>vice chair: so do you need to read it into the record. >> we need to pass this item. >> it's bing passed out so it will be part of the record. >> we need to pass this item which means go to this item. >>vice chair: do we need to skip it now? >> directors silva mentioned he needs to call this item. It is being distributed right now. Commissioner hardemon, if you'd like additional time to read this since it was just passed out if it is the will of the board the board could call the next item. >>vice chair: we could do that. We will circle back to 5g shortly. All right. 5h. We will now open public hearing for 5h. I don't have any speakers. No speakers on 5h. >> excuse me MR. Chair. MR. Silva just needs to call this item. >>vice chair: I was staring at you. Item 5h. >> 17520 application number z2021000139 . We've had no protests and no waivers to support this application . >>. >>vice chair: MR. Silva for the record when I call the item just go ahead and read what you're going to read. Public hearing is open. Public hearing, well, the applicant, how much time are you going to need my man? >> I think I can take one minute. We have staff positive recommendation . >>vice chair: everybody's interrupting. Let's take a deep breath. It's a lot right now. Did you want to... You just want to move it. I have a recommendation and a second. And let's do a roll call. >>county attorney: if I can clarify the motion it would be approval for staff conditions for staff recommendations . >>vice chair: commissioner higgins did you have discussion. >>commissioner higgins: I just had one question. This facility would be helpful with folks with dementia and alzheimer's. >> exactly, that's the reason. >>chair: anybody else would like to say anything, call the role. >>clerk: [Roll call vote] Motion passes unanimously. >>vice chair: congratulations. >> for the record I am miguel diaz, attorney at guster 1600 brickell ave., miami, fl. Can I make a motion to consider? That was a joke. >>vice chair: for the record, 5I. >> application number z203300128, we've had no protests and no waivers of support in this application . >>vice chair: public hearing is open, I have nobody registered to speak. How much time are you going to need? >> duane dickerson, attorney with offices 14 se. 4th st. In boca raton. I'm happy to just answer any questions . >>vice chair: commissioner from the ninth district. Move this item consistent with staff recommendations. >>vice chair: any discussion on the item? Do you need to clarify anything MADAM Attorney? >> just that the motion would be with staff recommendation and staff conditions. >>vice chair: he literally just said that. Mdm. Clerk please call the role. >>. [Roll call vote class] Motion passes unanimously . >>vice chair: all right, 5j. >> 255004210 seventh avenue llc, notification number z 5j. >> 255004210 seventh avenue llc, notification number z2 5j. >> 255004210 seventh avenue llc, notification number z2023000251, no protests and no waivers. >>vice chair: I have edward , please approach, state your name and address. >> edward capote, 9651 southwest 106 quart and I am in support of this case . >>vice chair: sounds good, public hearing is now closed. There is no applicant here so commissioner from the 11th district. Eight, wait. All right, commissioner from the eighth district. >> I move the item consistent with staff recommendation. >>vice chair: we have a motion, have asecond. Any discussion? Please call the role. >>. [Roll call vote] Motion passes unanimously. >>vice chair: congratulations . >> MR. Chair a quick questions the staff. Whenever we see these we ask ourselves the question why is this before us? This particular one is a little ridiculous. I'm glad it passed without much conversation but is there anything we can do? Going through this process for something that is simple, if he wants to speak. >>vice chair: you could recognize him. two times prior to the third one being here and the fourth one. >>commissioner regalado: I'm sorry you had to go through this, your application is pretty straightforward so to the attorneys is there anything we could do? I brought a few items to make these things administrative on chain links, what's the feeling? Fence but can we figure this out so we don't have to come. >>vice chair: let's figure tis out and get back to us with how we can do this. >> I am happy to sponsor this. >> cmmissioner you are recognized. >>commissioner cohen higgins: is my understanding correct that this is before the board because there's no quorum at community council and this man has to come here four or five different times because we can't get quorum? It's not a complicated issue, we deal with it time and time again. We don't have quorum because we don't have appointed members and without appointed members it is impossible for them to reach cora. >>commissioner regalado: we've dealt with that but my point is I brought several items so that this community I don't even think this should go to community council. That's my point. I'm happy to bring an item area I know we've done sheds, school walls area I feel like chain link fence to be administrative. >>vice chair: commissioner regalado has placed a whole. Commissioner higgins. >> I thought you were working on an item that would help us resolve this mess. >>vice chair: senator garcia you are recognized . >>commissioner garcia: some of these items were getting stuck and they had nowhere to go because of legislation we passed. I think there's one or two here that come to us so we could approve and get it out of the way. That's the reason they are there but yes, we can work on something administratively. We just need to make sure some of these community council do it . >>vice chair: it certainly is burdensome. We will fix it all, that is what we are here to do . >> I don't necessarily want the administration making decisions that allow people to park recreational vehicles in their front yards in my district so that's something we should all think about because it quickly becomes an eyesore. You can ask any of our cities like miami gardens. I understand you want t be allowed to do this but this application is not straightforward to me . >>vice chair: understood. If commissioner regalado brings an item we will discuss those details. All right, 5k . >> colette baker, application number z202 >> colette baker, application number z20233201, I've had no protests and no waivers to support this application. >>vice chair: I have no one signed up to speak other than the applicant. And this is in the eighth district , do you want to be recognized first commissioner? So the applicant, how much time are you going to need? >>speaker: roger de leon, 311 coral gables 33133. Zoning change application from au to aum, small part of land completely developed all the way around. We have recommendation from other departments and I'm hoping to get your approval here. >>vice chair: thank you MR. Daily on, pblic hearing is closed, you are recognized. >>commissioner cohen higgins: I move the item with staff recommendations and subject to the proffered covenant. >>vice chair: moved and seconded, any discussion on the item? Is that enough clarification? Mdm. Clerk these call the role . >>clerk: [Roll call vote] Item passes unanimously . >>vice chair: all right, 5l zoning director . >> lennar homes application application number z20233000340 , no protests no waivers. >>vice chair: MISS Waters. Know the drill, you've got two minutes, state your name and address for the record. >>speaker: I have a powerpoint presentation. >>vice chair: if you can do it in 2 minutes and if it's queued up . >>speaker: it's supposed to be. >>vice chair: let's show it. media. >>speaker: I've never done this before . >>vice chair: name and address. >>speaker: mary waters, sw. 229th st. Mary waters, sw. 229th st. Pardon me. The view that you're looking at in the upper portion centered to the upper is the subject property. It is separated by the single-family homes you see in the lower portion. This is all on southwest to 32 street looking west. Lennar has basically built out all of 232 street to the udb line. The 10 acres they're proposing to build on was used for crop farming. On the adjacent west side of that is the fpl high tension power lines which obviously no one can build on because beyond that is the udb line. There are probably well over 1000 townhomes in the area. The other portion of the single-family detached homes are kind of a standout all by themselves where everything else is a townhouse. The proposal that they're asking to do is 73 townhomes which is not consistent with the construction that everything else is townhomes but then you've got two different sections of single-family detached homes that des not fit in that area. The zoning has been requested to change to an rerth which is townhomes which they could build 720 units which would be apartments because they're not allowed to build apartments. So this does not fit in that. On top of that I received a notice as a neighbor in the area. I was never asked by the applicants attorneys for a sitdown meeting on this matter. I object to the fact I was not notified. The attorneys know me very well and have every opportunity to reach out to me. To ask my opinion on this. I live within a distance of this, I can walk to this project . >>vice chair: thank you MISS Waters. Thank you for your presentation. Is the applicant here? Need? >> three or four minutes, we have a powerpoint presentation. Hugo garza representing lennar homes. So it's a straightforward application. We talking about a 10 acre parcel on the south side of 332nd st. MISS Waters is correct, this area has seen a fair amount of development and this is in the dvelopment boundary. One more parcel to the west. Would commence so obviously as he's seen many times there is a desire from this area to build inside the line and what we're proposing is modest, 73 townhomes so it ends up being effectively about seven units to the acre so not a high density project. We are actually going to make this faster, we're going from the existing old agricultural zoning telling delegation to our eth and let me clarify something MISS Waters said that we don't have the ability to go to 300 some odd units because the proper declaration restrictions ties us to the plans we are proposing so unless we want to go through this process and come back before either this board or community council , we cannot just bait and switch anybody. We have to build these 73 homes so in fact you do have some insurance. As importantly as anything else at this parcel we are almost entirely the tiniest sliver is outside the corridor, this project is in close proximity to the transit corridor, all the slides that you are familiar with we've got interpretation from the planning department that we need to develop this with the units we are proposing and we could have developed up to 36 units and we are proposing seven I think as a concession to the area. Here's the rendered site plan. You will see a number of parts but fom north to south you'll see there are pocket parks for the community. It's not like every square inch has been filled in by any stretch and you can see from the site plan townhome renderings which were familiar with. Transportation improvement plans, we'd like to highlight those and obviously the arguments of building within the urban development boundary and housing deficiency that we have and single-family homes which townhomes are considered single-family would be depleted this year. We have the department, all departments have reviewed and given their approval for this application. You have staff recommendation of approval and here it is subject to acceptance of the poffered covenant. Proper declaration restriction for modest townhome project inside the urban development boundary and I hope we can count on your support today. >> commissioner from the eighth district. >> I move the item with the acceptance of the proffered covenant. >>vice chair: seconded by commissioner hardemon, any discussion? Seeing none, met him attorney is this okay with you? Clerk please call the role. >>clerk: [Roll call vote] Motion passes unanimously . >>vice chair: congratulations. Mdm. Attorney or director if you want to go ahead and read 5 jeep back into the record . >> 5 jeep country day school application number z2022 >> 5 jeep country day school application number z2022000 >> 5 jeep country day school application number z2022000216 , we've had no protests and no waivers to support this application and if I MAY read in a condition related to the covenant distributed earlier. In addition to conditions in the staff report there's more additional conditions related to the covenant. The applicant submit a declaration of restrictions to the dpartment of economic resources within 30 days of approval of this application. Unless a time extension is granted by the director. >>vice chair: MR. Director public hearing is now open. I have no speakers sign up. Applicants. How much time are you going to need? >> for the record law firm of bills and some bird 1450 brickell avenue on behalf of the applicant miami country day school. We have a full presentation but we do not need to do the full presentation unless that is the will of the board. I will be extremely brief to clarify and thanks staff for the traffic review in particular. We were able to implement interim measures in advance of this proposal which will allow us but permanent measures and I just want to put formally on the record that covenant which is a proffered to extend miami country day's long-standing commitment to financial aid in the form of five additional scholarships or the lower school dedicated to the scholarship program for middle and high school so we wanted to extend that financial a commitment that we have into the other school . >>vice chair: commissioner from the third district would you like to see the full presentation? >>commissioner hardemon: I would like to acknowledge the proper that miami dade country school is making and join the ranks of other great institutions in south florida such as everglades and the cushman school all under the leadership either in the city or county have offered additional scholarships towards the students coming to their schools to provide for people who live within the district. I will recognize the fact miami country day has a excellent record of scholarships to students but that should put it for upper schools and I thought it was marvelous that you would present to us a scholarship for younger students so they have an opportunity to have quality education at no cost to themselves if they are qualified to in fact be in that school so I think this opens up the true gamut of opportunities for people who live within district 3 and want to attend a quality excellent private school. And I just wanted to make sure I acknowledge that on the record but other than that I think the project is fantastic and has the opportunity to do great things for the school and for the area and I will move it to pass at this time. Have a motion, have a second, any discussion? Seeing none met him attorney I think on this one. >>county attorney: to clarify the motion would be to approve for staff conditions in the printed kit and the additional condition red . >>commissioner hardemon: inclusive of the covenant that was entered. >> the company does appear to be fully executed, my understanding is it just needs the additional joinder and the applicant says they will be submitting that within 30 days. >>vice chair: sounds good, we've got it all clarify, please call the role. >>clerk: [Roll call vote] Motion passes unanimously . >>vice chair: and on that one real quick who was the second on it? Cohen higgins was a second. Met him attorney let's start with 7a , cmpd. Commissioner bermudez you are recognized. >>commissioner bermudez: I was not present at the MARCH meeting and I will not be participating in this item to be sure whatever decision this AUGUST body takes has whatever validity it will. >>vice chair: met him attorney. Cmpd item 7a along with 78172. >> this item is before you for final action and I will read the title as well as reference to the companion resolution. Should the board wish to convert the item to standard and to transmit however the board takes action on 78 the companion resolution shall be deemed withdrawn. This is a ordinance relating to miami-dade county comprehensive development master plan; providing disposition of application no. Cdmp20210013, located on the north side of sw 122 street adjacent to the west side of the south dade transitway, filed by south dixie and 122 llc, in the OCTOBER 2021 cycle application to amend the countyc/b?B=s comprehensive development master plan; providing severability, exclusion from the code, and an effective date . Please note the public hearing on this item was previously held at the MARCH 24 zoning meeting and at that public hearing serves as public hearing for both the cmpd item and concrete zoning application which is item 8l2. >>vice chair: public hearing has been closed, everybody has spoken including the presenters. Stay up there in case somebody has questions. Commissioner from the eighth district, would you like to have a four or have your colleagues discussed first. Let me see if there is any so you can make an educated decision. >>commissioner cohen higgins: I do see a number of residents standing, I don't know if they're expected to be sworn in or I'm just trying to understand wat's happening as far as why everyone is standing. >>vice chair: with that if everyone could please have a seat. >> I can address that. >>vice chair: it doesn't work this way, let's have some decor him . >>commissioner cohen higgins: I wanted to address that first because I wanted to address the residents standing for an extended period of time. This came before the board in our last cmpd zoning hearing. If many of you recall we lost quorum which was a strange set of circumstances. Which brings the item before us today at our regularly scheduled hearing. My concern is public hearing is already opened and closed and a number of the commissioners that sit on the dais currently are not present when the public hearing took place two weeks ago. So I understand the commissioner bermudez recused himself making a very public statement he had not reviewed the tape and watched the public hearing but assuming no one else does the same everyone has watched that and everyone is aware of this item because it is a contentious item in the district and I want to make sure the right decision is made today obviously so to the attorneys I guess we're ready to move forward even though so many commissioners were not present at the prior hearing when the public hearing was opened and closed correct . >> that is our understanding but I want to clarify between cmpd and zoning the cmpd is a legislative item just like your original legislative items. Judicial and has judicial due process requirements related to it and it's for the zoning items that typically are advice to this board is if a commissioner is absent that there advised to listen to the tape or sometimes commissioners are listening in the back or in their car because these are on webcast, live but it's for the zoning item and not the cmpd item that we give that advice. >>commissioner cohen higgins: thank you. Again, I am not in support of this application. I wasn't previously, I am not today but I respect my colleagues and commissioners, editor garcia specifically because at the last eating hearing you requested a deferral because you wanted to take a look at it. I don't know if you had an opportunity to do that but for me this is an issue that has been long-standing for literally going on three years now at our cmpd and zoning hearing and I see I'd like to hear from you on what your thoughts are and what you have the opportunity to visit this location but this is an issue that's been ongoing for three years in the last zoning hearing I made clear that I appreciated the applicants adjustments to the item and that they had made serious concessions after several meetings with community all of which I appreciated but I landed then where I do now which is I still don't support the application because and primarily because of a company recently filed and approved by this body where the exact same applicant stood before us and said they would do a certain thing and made a covenant and promised not to do a certain thing and here they stand before us a few years later requesting yet another change and offering yet another covenant. The only way I can predict the future is by looking to the past and these residents deserve the level of closure as to what is happening in their neighborhood and so I believe that you are responsible for sticking with the covenant you your self requested for this body to grant to you that was only a few years ago. I recognize there is a need for assisted living facilities in miami dade county, I just don't recognize that this is the location for it at the appropriate time I will move to deny the application. >>vice chair:... >> can there be a motion to approve the application if district conversation seeks? It could be discussed . >>commissioner cohen higgins: I moved to deny the application. >>vice chair: there is a move to deny the application, we have a second by commissioner cabrera. Now the item is open for discussion. Any other colleagues wishing to discuss the item? >> I appreciate the background and I appreciate the work you've done on this because I think you are doing right by your residence and your districts, that's why we are a representative democracy. I did go down there and I saw this does about the rapid transit zone and unfortunately the property itself runs up to a neighborhood. But I'll tell you this I take a different perspective. I take a different look at this. Cohen higgins is a dear friend and I respect her dearly but on this issue I take a different spin and unfortunately the area I represent, commissioner bastien and other commissioners here we have a high concentration of alf's that really come into our districts constantly. And I think when we look at the issue of healthcare in our community and we look at the issue of housing and look at the issue of the elderly particularly we need to make sure we have as much housing available. We really have to ensure we have quality housing available and in my district some of the alf's aren't of the best caliber and we're working now to make sure we improve that but this for me really is more of a countywide interest that represents the that we should all be having this conversation. We've seen the mayor's office, with these housing problems and crisis and we're trying to create more housing yet we have an opportunity here not only to create housing but create an area that will significantly make an impact for the seniors in miami dade county and it's a hard sell to tell the commissioners who I point to on this but it's because I come from a totally different perspective. This is why I just don't think I'll be able to support you in the motion to deny. I do respect you for it but the reality is when you see this property it does come up to us one or the rapid busway. This unfortunately abuts to the residents so I think it goes in line with what we've been trying to do here. The only question I have is maybe it's to try and bring some solace to the residence or some comfort that this would never bring comfort to them but maybe can we do somewhat of a down zoning, I think this right now is residential modified. It's a mixed-use corridor or and can we bring that down zoning . >>commissioner bastien: you are recognized for a conversation with the sponsor . >> senator garcia thank you for recognizing me. We agree this is a countywide issue and very significant to deal with this critical shortage of assisted living facilities especially for memory care. Our proposal is for mixed-use corridor and cd. We would respectfully request the consideration of the art and the residential modified district. This will address one of the district commissioners concerns about the live local act. Again that's another change that took place over the lst couple of years and my understanding in communications with the county attorney's office is this could be approved on the floor. In addition I would suggest that if it's a matter of decreasing the number of beds and the number of seniors that MAY, we MAY service at this facility we are open to that as well. >> there's also issues when you decrease it because when you decrease the number of seniors, I'm not saying we should do it but that increases the cost for the residents that go there but that's my conversation with you on this. I appreciate proffering that. I feel fully comfortable to move it if there is a motion and a second on the floor the CHAIRMAN Will have to go through his maneuvers but I think this is important for our community and it is important for all miami dade county that we take a stance to help the seniors and residents with memory issues in our community so those are my two cents. >>vice chair: commissioner from the 11th district. >> this item is a difficult item to vote on because I feel like I'm stuck between a rock and a hard place. Because I had a very difficult situation with my own grandfather many years ago. And it was extremely difficult to find a good place for him to be able to go to. So on that end of the spectrum, it would be difficult to vote against something like this. Because I feel like this is something very necessary for the county. We're talking about some of our most vulnerable residents. On the other side of the spectrum, my colleagues know me well. I don't like to push things when there is no infrastructure for them. So I guess I remember from the lst meeting where a lot of the voiced concerns were regarding potential traffic. And I've been trying to think this out for the past 2 weeks because my question to the applicant or to the administration, whoever can answer this efficiently. Should this not move forward, what would be allowed to be built there? As far as townhomes or any type of residential? What would be allowed to be built there? >> through the chair. >>vice chair: you are recognized. >> right now there is a covenant limiting development to 12 units and a community clubhouse. The cmpd application is solely to release that covenant. If that covenant were to be released due t change of circumstances this covenant was entered into in 2015 and as we all know the smart plan and all the legislation has come out of that is much more recent and obviously started in 2013. If that covenant is released then development would be 22 townhomes and their community center. >>commissioner gonzalez: so this is where I clash internally and I would love to hear what my colleagues think because when I hear 22 townhomes in miami dade county I think three cars per townhome minimum. And then I start thinking aout infrastructure and traffic. When I hear alf I think drop off pickup. >> assisted living fcilities are very low-impact as relates to traffic. The traffic analysis approved shows the traffic is de minimis. With that our covenant does provide significant transportation improvements in the area that we have worked with the neighbors to note in our zoning covenant. To just better the overall area because we recognize the area could use improvements and he applicant is willing to fund those improvements . >>commissioner gonzalez: that's a fair point because I feel as part of the pickup and drop off , the big issue tere would be lines. Lines on the street when people are picking up and dropping off . I'm just trying to think through this and I don't mean to take too much time, I'm just trying to think through this . >> your thinking of the neighboring school north of the centrist project, that is the complaint of the residents that during pickup and drop-off of the schools there is traffic in the area. Again we've committed that our employees will not have their shifts will not coincide with drop-off and pickup and again we provided and committed to significant traffic improvements in the area to improve that existing condition which again is the status quo, not something that we would add to because of assisted living facilities do not have much traffic impact. >> understood and I just have one more question. So we're talking 22 units townhomes as of rght now. I believe there was discussion with the senator regarding minimizing the units of the alf, can you repeat what that would be? >> senator garcia is interested in are proper of rezoning the property instead to mcd which was our initial request. We are open to reselling rmd which would ensure there would be no live local act development at this site. We're also open to reducing the number of beds originally it was 268 and a four-story building, we've reduced it to a two-story building along the residences and three stories along us one with 216 units. We can reduce that number to something lower than that. I believe the senator was concerned about decreasing too much and then not being able to provide the services but with that said we can reduce it to under 200 at 198 as an example. >> I don't have any further questions, thank you. >> I've been promoted just momentarily to chair. Though I was going to recognize myself but staff, other . >> mdm. Chair, the committee I was looking for can you give it to me today? >>commissioner higgins: while the cats away the mice to play. You are in charge of mosquitoes. All right. Colleagues, anyone else have comments. Ahead commissioner. >> I guess my question to the applicant is how does the live local act come into play with this alf in your proposal? >> at the last hearing commissioner higgins mentioned the mcd district would allow for mixed-use development. Of course there are both land-use and zoning covenants we proper that will be an assisted living facility. But due to the commissioner's concerns we are happy to request that down zone as senator garcia mentioned residential mixed-use so there would be a complete inability to ever have a live local act project. Our intent and the land-use covenant provides for an assisted living facility of 216 beds. >> mdm. Chair, thank you. If you were to reduce the number of units, I guess strike that. I guess if you were to reduce the number of units is it safe to say that the remaining recipient of these units are going to bear the cost? >> I think that would be very attenuated but it is a possibility. Our goal is to serve what we've been working on for the last couple of years is to redesign the project per the community's concerns. Again the folks that are supportive are unlikely to, as many times as we've been here but we did have numerous meetings and at those meetings again we reduced the number of beds, reduced heights, increased open space and that buffering as well as worked with the community on these proposed transportation improvements that we have proffered. Question. . Back to the live local, what does live local do? >> the live local act was adopted in 2023 and it allows for mixed-use zoning industrial zoning to be developed pursuant to the act and that is to be able to be developed as of right with the maximum density as well as the height within 1 mile of the subject property. The current glitch bill as we call it, sb 368 is to get the sar, maximum fa are allowable in the jurisdiction. Again, neither of those things are the live local act is not something we are proposing but again the rezoning to rmd instead of mcd would make live local irresponsibility here . >> does the live local act provide for affordable? >> yes, it requires 40% of the in order to be a live local act project, 40% of that density of that project would have to be up to 120% of area median income. Also if there's 70 units or more that are affordable under the live local act, the project and those units would be subject to an ad valorem tax abatement as well . >>commissioner gonzalez: so is it safe to say now that you're not pursuing live local we're not going to see any affordable units possibly built at this location? >> we had never proposed affordable housing or any type of residential housing. Our proposal is assisted living facility or mostly alzheimer and dementia elderly over 65 years of age. >>commissioner higgins: no one's demoted me yet. I saw our vice chair come back. Commissioner bastien. >> thank you MADAM Chair. temporary MADAM Chair. >> just for a moment. >> I have other things to do today. >> I do second snator , the senator and also the commissioner here. That this is a difficult situation. Very difficult. I listened to the residents with a lot of attention and by the way I wish to congratulate you , I've never seen such well organized , such well orchestrated presenters. So thank you for coming at the last hearing. To make your voices heard. It is a difficult situation. I remember and I have a question just to share that to preface what I was going to ask you. As you know I spent 13 years working as a social worker at jackson memorial hospital. I did make a lot of referrals to assisted living facilities and for the most part these were folks who were functional physically but who in some way shape or form needed some assistance with medication and sometimes with bathing but these were for the most part functional folks. At the last hearing some residents expressed concerns about the increased traffic. And number one and number two with the probably increased traffic from ambulances coming to pick up folks. Can you share the differences between alf patients and nursing home patients because for the time I was there and there's jackson in 2000 for the most part these were functional folks who could even in some situations go to their clinics, with some assistance. Tell us a little bit about the residence, those who will be living at this facility . >> seniors who live in assisted living facilities as you mentioned typically require assistance with their daily needs. Bathing, medication. Going to the restroom area eating, remembering to eat. Most have dementia or alzheimer's and part of what assisted-living facilities do so well is provide the daily programming and routine that allows for seniors to live happy healthy lives through their elder years. Nursing homes are no longer something that people actually utilize. As I mentioned at the last hearing there was a supreme court case called olmstead, united states supreme court case which provided the right for elders and individuals to actually live in they are communities rather than institutions. Similar to many of us have heard the word orphanage for children, now we refer to it as foster homes and the goal is to have children in the communities so they are members of the community as well. Same thing goes for elder care. We no longer use institutions like nursing homes. We use these smaller assisted living facilities and the goal is to be part of a community. To have the support of their family and friends and that's why I find this application so important to me personally because I do like commissioner gonzalez face have dealt with alzheimer's and dementia in my family and my mother in law is currently at an assisted living facility and it's been quite difficult to find a facility for her again keeps the programming entertaining and fun because as you mentioned earlier she's 100% physically in great shape but she has alzheimer's and is 88. And after living with us for a few years we can no longer provide her the nursing care necessary so these assisted-living facilities are meant to be somewhere for other people to live. Their older years with that kind of 24 hour care but mostly they live in sudio apartments, one bedroom apartments. They have daily meals and help with their daily needs. >>commissioner bastien: thank you so much for the clarification. It is not an easy decision to make because most of us do have parents, I had parents and my dad is 90 years old, my dad is 89. Luckily they are able to live with me but we know there are a lot of families who do not have this opportunity to be able to live with their children. It's difficult because I we heard with all the passion the representation made by the residents but at the same time I agree with the senator garcia that my district, we had a lot of als. We have a lot of homeless homes. And as the senator clearly indicated, it is a commissioner is a county wide issue. I do understand the opposition but we are torn. By this decision but in this situation I have to vote to really approve because these people need a place to stay, to live. It is not easy but I agree that we as commissioners we not only do not only represent our district, we also represent all the residents of miami-dade county as hard as this decision is it is a decision that often times we must make. Thank you. >> thank you commissioner. >> are you taking away my ground? >> you hve seniority on this dais. So are you up? >> I might be up if you're willing. >> that moment of glory, I felt really good for five minutes. So colleagues, I put a lot of comments on the record last time about my feelings about this project and they've not changed. They probably deepened my emotional commitment around this. And on this dais we vote on sometimes 100 things at a given meeting and you win some you lose some and that's what we do as a body and we express our points of view and make decisions and mov