Miami-Dade BCC - Comprehensive Development Master Plan & Zoning

. >>. >>commissioner mcghee: >>commissioner rodriguez: >> five-member present, you have a quorum. >>chair: I like to ask commissioner gilbert, I understand yesterday would have been his father's birthday and he was a pastor so if you have the owners of doing the invocation commissioner gilbert I think that would be honorable. >>commissioner gilbert: let me say my father was a baptist pastor, news from camilla georgia originally, came here when he was 15 years old. He believed in this county and miami gardens, you really believed this was a special place and I believe that also in my colleagues believe that also so in honor of him bow your heads. Today we come to say thank you treasuring every moment understanding what we have was not promised and is not given. Keep us, order our steps, make us wise stewards of your resources and land. Ake us one united people, not always agreeing always moving forward together, amen. >>chair: were going to do this different today, the pledge, I'm going to ask all our kids that are skipping school today for bring your child to work day if they can come down to the well and line up next to each other. Ive them a round of applause. [Applause] Just line up next to each other. I see you in the back, can you work your way down please? If he wanted to skip school he's going to have to do the pledge. >>commissioner regalado: is not skipping school, it's a field trip and if it makes you feel better I will send say was down there. >>chair: why wasn't he down there to begin with? Go that way. Hy wasn't he already down there? Ecause he's not a kid. But he's going to accompany them. They are still our kids. All right. Now we are going to face the flag all of us still, not look at the kids up here and the kids will lead us in the pledge. >> I pledge of 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. Amen. >>chair: that was so good. >> you're welcome. >>chair: jv, where are you? Raise your hand. Thank you all very much and I hope you enjoy your full day here at the county, take care guys. >> I very much did, hi everyone. All right. All right, it's all downhill from here. All right, let's get started here. Let me look up before I say this. Whatever it's called, I can't do it. Wink, blink, nod, MR. Attorney. Can you please set the agenda at this time. >> as noted on the changes memorandum you have two editions, 3c supplement number two and seven a supplement number two and with that the motion to set the agenda is in order. >>chair: commissioner bastien moves to set the agenda seconded by commissioner orbis, all in aye, all opposed, nay. Can we have the zoning director read us the opening statement and swear in the speakers. >> yes MR. Chair. In accordance with the code of miami-dade I county all items have been advertised, notice mailed and properties posted. Additional copies are available in the chambers, items being called by agenda number, please note or inaction on any item MAY be reconsidered and additional action MAY be taken on such an item. Applicants MAY wish to govern themselves accordingly. The rank-and-file for the hearing will require a pocket from agencies and department of economic resources, where there is an appeal we also have the transcript from those hearings, all documents are present today and available to all interested parties and all members of the board that MAY examine these items from the record. This statement along with the fact all witnesses have been sworn in shall be included in a transcript and there's a translator present for individuals requiring such assistance, clerk swear in the witnesses. >> stand and raise your right hand. Do you solemnly swear. Witnesses, please stand and raise your right hand. Do you solemnly swear the testimony you are about to give is the truth whole truth and nothing but the truth so help you GOD? Interpreters. Do you swear or affirm you will make a true interpretation of the questions asked and testimony given? >>chair: we are big start? Then MR. Director it's my understanding that applicant is requesting a deferral for item 8 c1. >> to the next meeting, correct. >>chair: motion to defer 8c1 to the next meeting which I believe will be in JULY, moved by commissioner lopez. >> MR. Chair, my understanding is the nextzoning meeting is JUNE 18. >>chair: okay, JUNE 18. That's the next bcc? We are canceling MAY, not JULY. So to the JUNE 18 meeting. So it's been moved by commissioner lopez, second by commissioner gilbert, all in favor say aye, all opposed, nay. Show that item deferred. R. Attorney let's take up supplement number two and for as well as three a1 and if the director needs to read anything into the record. >> the cdmp item was heard on first reading for final action, l read the ordinance and compendium resolution in the event the board wishes to convert to a standard application but the board takes action the companion resolution should be deemed withdrawn, 3a1 relates to comprehensive development master plan providing disposition of cdmp 2023 018 at northwest corner of the intersection of southwest 192 street and southwest 177 avenue filed by ocl a llc in the MAY 2023 cycle to amend the master plan providing separability exclusion from the code and an effective date, that s three a supplement number two as well as number three and four and 3a1. My understanding is there is not a compelling zoning item with this. >>chair: I going to open up public hearing, please line up, state your name and ddress and I'm going to note the item you're speaking on already and you will have two minutes to speak on this. I have mary waters, maria: so hello and julio. Mary waters, come on down. All right, MISS Waters the timer is working but the beeping thing is not so if you're not paying attention I will say thank you and the time is up. >> actually I'll just keep talking. >>chair: you could try that. >> I got away with it once. >> not with me as chair. And certainly not with gilbert as chair. Let's go, let's do this. >> mary waters, 13 600 s. 229 street rutland. His is regarding the ocl a application that has been attempting to get this passed for the last 2 and a half years. It has been deferred so many times. I am very opposed to this application being pproved and your planning staff has vehemently denied that this should not pass. It's not on a commercial note which is what is required for properties and in particular retails intend to have food. At their site. Part of me. This is a big leap to go from an agricultural zone which is currently 28 be you 2 which is business and office zone for that. This, what they are wanting to do is to bring in a retail shop with a grocery store. That's really not needed in that area. You're going to be hearing probably comments on people that live in that area that say you need a grocery store. There are grocery stores 3 miles away, 6 miles away and everywhere northeast himself from there, there is no need for a small grocery store to even be there. The other thing is the county is always opposed to adding new facilities that do not have public water and sewage services. This does not, that would have to be privately built operations to half. Urrently there is an old establishment that is there that as a lot of retail stores, it's been there since 1973 before the cdmp was there, before the zoning is there. >>chair: thank you MISS Waters. >> that's two minutes, are you sure? >>chair: it's like to enact now. MR. Julio and maria. >> my name is maria parents, I reside at 19845 southwest. 152nd street 33187. I am in favor of the construction of the grocery. We are being told, our neighbors and my family whenever I need to get something to make for my grandkids which they are all grown up and they come for a visit it's very hard to get to the avenue and now with the amount of traffic to get to kendall or 184th to the big supermarkets, a small supermarket would be a necessity these days. It would be less dangerous for us because we could use the back roads to get to the new grocery and get what we need. I've been here asking for it before and I ask again, now it is a necessity, not only a convenience. I would respectfully request you approve it and thank you for your attention. >>chair: thank you very much. >> my name is carmelo, this is my wife. Krome avenue is getting really bad and we would appreciate it if you do an upgrade which has been approved already before so respectfully request that you take that into consideration and believe me, the traffic is really dangerous on krome avenue, thank you. >>chair: julio, can I ask you a personal question, how long have the two of you been married? >> 43 years. >>chair: I can tell, that's the secret because you said whatever she said plus. 42 years, that's the secret. >> we've been very active in the community for 60 something years, 77 and 83 with cancer. >>chair: thank you very much for coming all the way down here. Here we go, now I oh my friend julio. Public hearing or I don't know what this is called anymore, public hearing is officially closed and that the applicant can approach. I see the applicant's representative and how much time are you going to need? Like 30 seconds? Go ahead. >> I'll be as quick as possible MR. Chair, members of the board ben fernandez 200 s. Biscayne boulevard on behalf of the applicant joined by lewis alexander, tim gomez. As has been discussed this property is on krome avenue, and a signal intersection and what's interesting about this site more than anything else is it is the oldest commercial site on krome avenue outside the city of homestead. This shopping center predates the adoption of the miami-dade comprehensive development master plan in 1988, it was developed in 1980 and it's almost 50 years old. It has served the agricultural area for that long. Hen it was built it was designed to serve only the agricultural area. The counties position is that this could generate sprawl and is contrary to their policies concerning sprawl. That's impossible, this is so far removed from the urban development boundary it is incapable of creating sprawl but what is happening is you have several nonconforming subdivisions in this area with smaller blocks that are required today so what that means is there are many homes on lots that are less than 5 acres so the density is naturally higher in this area than it is in other parts of the agate area of the redmond which is why this shopping center was developed here in 1980 to begin with comment because that's where the people were that needed the service. T wasn't developed to bring in people inside the urban development boundary, nobody would drive from kendall to westchester. >>chair: I will pause you for one second and stay right here, I will recognize the district commissioner to see if he has questions to address. I might have a couple questions, I want to ask them to satisfy them for me but commissioner from district 9. >>commissioner mcghee: I do support adopting this application pursuant to what the advisory board surmised at their meeting but I do have a few questions for the actual staff and the county attorney quickly. We did here this is already a shopping plaza, shopping center, is that correct? >> through the chair, that's correct. >>commissioner mcghee: is it correct the applicant made a representation on the record that this is not near the udb line, is that correct? >> that's correct. >>commissioner mcghee: I also overheard if I listened to the memos correctly that this being located off krome avenue, this is something that the community has asked for, we know whether or not there has been any letters of support in favor of this applicant at this time? >> let me check how many. >> I can answer that question if I MAY through the chair, we have 207 letters of support already submitted for the record. Planning advisory board recommended approval of this application and letters were submitted at that time. >>commissioner mcghee: quickly to staff quickly I have two more questions. The planning advisory board, what is that made up of? >> that's made up of representatives from the various commission districts, appointees as well as a few ex officio members and a few members of ours. >>commissioner mcghee: thank you. Thank you. My motion is to accept this application and move us forward. >>chair: motion from the district commissioner, second by commissioner gilbert, commissioner cohen higgins. >>commissioner cohen higgins: thank you to the commissioner for the questions he asked, it included questions I had as well. I am authentically perplexed from staff's perspective as to why this application is being recommended for denial and I would like for the applicant, I don't know what is currently on our screens. I don't what's on my screen, what is on the screen there, it is is it the gu one ba? Go back to the slide that shows what the area currently looks like. >>chair: go ahead, that's what I was going to point out. >>commissioner cohen higgins: is this one the site currently looks like to staff? >> yes. >> to the applicant, what is it you are proposing to replace this with. >> that's what it looks like today. >>commissioner cohen higgins: a liquor store and other retail. >> it opens up to the g you portion, the tire repair was approved by resolution and what's happened over the years is you have natural parking of trucks in this area because they are being serviced by the tire repair reentered my understanding is this commission chose years ago to relocate all trucks on the ag area to specific areas. >>commissioner gilbert: I thought she asked to see what the proposal was. >> this is what it looks like. >>commissioner cohen higgins: my question is what is it going to, got it. So the previous vote is what it's currently functioning as this is what your clients are going to be replacing that site with and it's a grocery store and other retail options for the residents in the area. >> correct, it's a frame vernacular architecture which will complement the area. >>commissioner cohen higgins: is a style consistent with our beautiful south and to our staff there's covenants and other documents that require them to build to this image. That's being shown to us now. Yes there is? Kay, I have nothing further, thank you. >>chair: with that you literally asked all the questions I wanted to ask, the covenant was the part I was going to get to the last thing is the size of the grocery store because I know that could be an issue especially if you're trying to keep it seek to table type of grocery store. Once, there's a covenant the size of the grocery store, is it a publix type. You MAY answer. >> if I MAY is limited to 18,000 feetb2 which is a small grocery store by today's standards. >> so it could go upwards of 30, 40,000 feetb2. With that commissioner you are recognized. >>commissioner regalado: I had a comment that this application brings up an interesting point. Our comp plan is very general and has a tendency to want to preserve existing but in this case what's existing shouldn't be preserved. So I think that that's what we're all kind of responding to. I think the staff is making a recommendation based on a policy decision that's embedded in the comp plan. And I think this is a moment for us to consider that when we receive an application where what is existing is not what is best for the neighborhood, then it's an opportunity to shift that general policy statement. That's available in the comp plan. I think staff is responding to what's in the comp plan for when you look at what's actually there, clearly this would be an improvement. And I think that's why the comp plan can be overridden by this board. And finally I don't, with all due respect to some of the folks against it, I don't think you should have to go through your for a miles from a grocery store. Even if that's the case. So I think this is an example of an application that is well-placed and will provide a benefit to the neighbors in the area so I'm happy to support. >>chair: the wonderful thing about the county is we are a choice county so if you decide to go to a grocery store three or 4 miles up are welcome to do so as well and with that is this a voice vote? Clerk please call the roll. >> can I restate the motion. It's a motion to approve with acceptance of the proffered covenant and applicant would need to submit the executed covenant and any necessary joinder is within 10 days unless additional time is granted by the director or the application is deemed withdrawn. > clerk please call the roll. >>. [Rollcall] >> motion passes unanimously. >>chair: let's take item 3b, 3b supplement and 3b 1 and take its companion item, please read a statement or anything into the record, now would be the time. >> the next cdmp item is a small-scale application for public hearing and final action and I will be the ordinance title and in the event the board wishes to convert to a standard application but if the board takes final action on the small-scale resolution will be withdrawn, the item has a conference zoning application associated, single public hearing will be incorporated as to the zoning items and for each application this hearing will begin updating with quasijudicial principles and the separate votes taken this is item 3b relating to the comprehensive development master plan providing 2025 008 located at the southwest corner of intersection of southwest 232 street and southwest 124 port east of us one filed by 232 holdings llc and 12499 holdings in the make plane 25 cycle to amend the counties cdmp providing severability exclusion from the code and that effective date. This is 3b1 director will now read the zoning item which is 8c3. >> application 203 holdings llc, 1249 holdings llc, application z2025 000125. We had no protests and no waivers for this application. MR. CHAIRMAN water and sewer department included a pump station of the project and they have a new memo, this is money for distribution to the board. >>chair: at this time was being distributed, I will open up public hearing for both items and start with the public first as usual, you have to minutes to speak. I have frederick bowes and michael bowes. Please come up. Thank you. Please state your name and address. You will each have two minutes to speak. >> address is 2600 southwest. 126 avenue, 33170 miami florida. Okay, I have been living where I met since 1983. Which at that time us one flowed real slow. And the development around me has turned from cool air to hot air. Because of all the building that dade county has done behind hawley square going north and south. Now, I don't mind them building, I have nothing against it. Hat I do have against it is when you try to change the amount of occupants that can be within a certain amount of area to 3 to 4 times as many in the us one from I would say little above marlene where you have well, marlon is still a four-lane road but if you go past that you go to six lanes, down to us one to homestead which is four lanes and the traffic for the amount of building you're doing, someone didn't think because you can't widen the road no more if you're letting people build what's right on it. I tried to get a road fixed near my house. and was told there is not 21 feet so you can put a 2 lane road rather than shave 2 feet off one side of the road, 2 feet off dade counties property on the other, tar the area and make it so cars could squeeze by without driving in chuckles. I brought this many times. And I was told from our dade county mayor now that there's not 21 feet so you can't do anything with the road. >>chair: thank you MR. Bowles. >> question would be why don't they make the road wider? >>chair: state your name and address for the record and you got to minutes. >> my name is michael bowles, 2600 southwest. 26th avenue. I am not in favor of increasing the amount of people on this property on the multi resident units being built because more people resorts results in more resources being used. Currently we are under water restrictions in all of south florida and adding more people would tax or strain that water system. To the point where people will end up getting fined for using said one or because there's not enough. On top of that the infrastructure is again, needed to be worked on first before moving in the development. O that way traffic can flow freely without having to worry about accidents and people getting irate on the roads. Understand the busway is a solution that was supposed to alleviate a lot of that issue but this morning when we took the bus it was almost like jewish people being packed in a train in 1944 germany. It was that pat and I have pictures to show that. But again, I pray that you the commission here will have the wisdom that before starting another project that they take a look at the infrastructure and the resources and say is this beneficial for all the residents or is it just beneficial for us. >>chair: thank you MR. Bowles, now public hearing is officially closed. To the applicant, actually do you have something specific you have to say or can I recognize the district commissioner, should I call you? >> hugo arms are 701 brickell avenue. All right, commissioner from district 8 your recognize. >> MR. Arthur can you put up pictures of what your client is planning to place on this? This location? Let me see if I can scroll through it again, apologies. >> what was the community counsel's opinion. >> regulation of approval. Class planning and advisory board and staff recommendation on this. Talk to me about the water pumps and infrastructure that are speakers spoke about that and there was an amendment just circulated. >> water and sewer we were approached and of the departments memo had failed to include that. There would be pump stations on the property in our agreement with water and sewer contemplated, the memo before you did not renovate updating the memo it's the same the result for us, we have no issue. >> where is this in proximity to our client or, to our busway. >> it touches us one, if that property so us one is at our northwest point we touched the us one, we touched us one. >> I have no further questions. I move this application consistent with planning advisory board community counsel and staff's recommendation. >>chair: moved by commissioner cohen higgins, second by vice chair. >> with the covenant in the same ten-day condition. >> we've submitted all our covenants but we will take the 10 days. >> should I recognize you after every motion, clerk please call the roll. >>. >>commissioner cohen higgins: >>commissioner gilbert: >>commissioner gonzalez: >>commissioner hardemon: >>commissioner lopez: yes. >>commissioner orbis: >>commissioner regalado: >>commissioner steinberg: >>commissioner bastien: >>commissioner mcghee: >> item passes unanimously. >> item 8 c3, its companion item. The director made a statement. He's not in yes so commissioner from district 8 you are recognized to move this companion item. >> we move the companion item consistent with staff recommendation class. >>chair: with all the things she said in the prior item so seconded by commissioner gilbert, clerk please call the roll. >> cdmp. >>commissioner bastien: >>commissioner bermudez: >>commissioner mcghee: >>chair: >> item passes unanimously. >> let's take item 8 c2 and if the director needs to read anything into the record now would be the runtime. >> application ec two, 1315 botanist, application the 202-4000 260. We had no protests, no waivers of support. >>chair: I open up public hearing, no public speakers registered to speak. You want to move past this? You want to go to the next item? I have one more item before we have to get to this. So we're going to pause the ac to korea and we are going to go ahead and take item 3c, 3c supplement number two and 3c 1 as well as its companion item from zoning. MR. Attorney. >> I was hearing the applicant made the deferral on this, these items. >>chair: that's what I understand from you guys as well. >> we are seeking to defer the item from you. >> is there a motion to defer the item. >>. >>commissioner lopez: JUNE 15, defer the item. >>chair: moved to JUNE 15, seconded by commissioner cohen higgins, all in favor say aye. All opposed, nay. Thank you. Show the item deferred. >> that includes the zoning item as well, ac fourth. >> it shall travel together. On eight c2, the director. >> there waiting on word from the developer. Do we have public comment on the next item. >> the next items we will take on. I can take it at the end but there is a risk class the hope would be if we engage in public comment and have a resolution we can pause public comments, handle the matter. >> the ones I wanted I will stay on item but I can do is in between the two items. There's two items on my take on. My will is to take colusa first which might be the lesser of the complicated one of the two, I'm not sure. >> I'm willing to do that. >> so MR. Attorney let's take colusa club drive which is a one. And if the director needs to read anything into the record now is the time. >> application eight a1 kendall. 9800 colusa drive llc and 9810 llc application z20210000, 31. We had 3905 protests and 646 waivers of support for this application. >> and to all those that came out as I said on the record near the end of last meeting, will to the prior meeting that we had a lengthy conversation, and a full and fair public hearing. when this application came before us FEBRUARY 19, everyone was given an opportunity to speak and voices were heard at that meeting. Not add nausea but definitely a lot. So this item was ultimately deferred and as I said at the end of that meeting we will not be having another public hearing today really but I also said if there are proposed changes to the application I would like one representative from the applicant and one from objectors to address this board a few minutes regarding the position on the applicant's changes again I'm not reopening the public hearing. So therefore if I can have the attorney for the applicant and the attorney for the objectors approached the podium. And as you're approaching the podium I want to recognize some of my colleagues that might need a disclosure or disclaimer on the record, terry gilbert. >> I wasn't at the last meeting, I reviewed public comment. I feel well-informed enough on what was said I can make a decision today and I don't know that I've had any other communications but it's been around so long I find it hard to believe I haven't really all I know is I'm impartial enough to make a decision. >> I listen to the recording from the meeting which I was not here and fully apprised and able to participate and to the best of my knowledge I've not engaged in any ex parte communications. >> anyone else. disclaimer, commissioner hardemon. >>commissioner hardemon: I adopt the same language of my previous colleagues. >>chair: anyone else, we are good? Commissioner. >>commissioner bastien: same comments. Do you not the same language or want to read it? So commissioner bermudez is walking behind picture right now on the record. Saying that he adopts the same language as the prior commissioners. Do we have anyone they adopted commissioner steinberg's. >> with respect to the attorneys I'm not sure whether they were all sworn in, I didn't see certain people standing, want to make sure if they need to be sworn in they are. >>chair: if the clerk can swear then in in an abundance of caution. >> do you solemnly swear that the testimony you are about to give is the truth, whole truth and nothing but the truth so help you GOD? Thank you. >>chair: to the objectors attorney, commissioner regalado. >>commissioner regalado: can we just take up where we left it off? I don't want to rehash everything but in the last meeting the objectors put up a series of requests so could we just go through if they got what they wanted? Right, because I know audubon also says they got what they wanted so just to narrow it. >>chair: to the objectors attorney who in the audience are you representing. >> david baker, 4720 s. Lejeune road coral gables, happy to be here, thank you for your time and I represent seeds colusa and prieto here to discuss where we got o in the settlement negotiations. >>chair: I'm going to grant for right now like five minutes. Nd if we need more time I will determine that at some time but I do urge you use your time wisely and to the points that we left off on the last meeting that a lot of us asked you to work on. So you are recognized for five minutes. >> thank you MR. Chair. I live at 13390 southwest. 91st terrace, unit d in colusa and my name is amanda prieto and I'm the leader of a nonprofit called seeds colusa, advocating for seven years now. I will be the first to admit I stand here in disappointment that I was not able to reach an agreement with the developer. I wanted to be the shining example of how our community could work with a developer and make improvements. We have made some improvements to the rookery protections and I'm happy with that and I'm pleased that tropical audubon agrees and has reached an agreement with the developer but for my community it was impossible to make the distinction between only protections and a meaningful community benefit as well as the negative traffic impacts to quality of life that this brings to residents so where we couldn't reach an agreement was on density and I want you to know this weighed heavily on me. I went to my community and we did a meeting where 80 people showed up, went to five ho a meetings and I presented the revised plan and said not what do you want because I know the answer, everybody wants a part I said what can you live with, what is a reasonable compromise where we will feel we had a win and we made improvements and we can live with this? Very single person I spoke to mentioned the traffic and wanting a park or a preserve that was meaningful, that the community could either have access to or be proud of that would be a legacy for our community and that's where we couldn't reach an agreement with the developer. I want to say this was not an easy decision and when I declined to reach a settlement agreement which would have included waving my rights to appeal which I also take seriously because I've been very involved in this process, and having residents have a voice in meaningful notice and in meaningful discussions. And I knew that I was putting the rookery protections at risk if I didn't sign, I didn't know they were going to make an agreement with tropical audubon but I realized this responsibility falls on you the commission to balance responsible development, environmental protections and quality of life for the residents and if it really wasn't up to me to make that decision. What I'm asking you to do is to listen to the resident concerns. This is your chance, not a couple of exceptions they're asking for, this is a change in zoning that could currently build 34 homes. They're asking to build now 524 and our concern is this is in the middle of an existing built community and that our local roads and surrounding intersections will just be bombarded with traffic and it will destroy our day-to-day life so that's where we ended up in terms of discussions. I do want to thank the commission for pushing back a little bit in the last meeting and asking for the developer to make some concessions. It made a world of difference. You hold such tremendous power and opportunity to hear resident concerns and make improvements. Things that were not possible four years after asking were suddenly possible within a week so I appreciate that and that is how we got to the rookery protections but I stand here before you saying this is our one chance to decide what happens with this property. T is 168 acres, this is not affordable housing, not workforce housing, this is not live local, this is designated parks and rec land intended to be preserved for 100 years. Is this the best use of this land for my community and for the county that's the decision before you. I am proud I think along the way my community improved this process and made sure you had factual surveys of the rookery and wildlife that we had meaningful input but the decision ultimately lies with you and I ask you to consider it heavily. >>chair: thank you amanda. All right. He applicant. You will have the same five minutes to address what progress has been had. Since the last meeting we heard and please introduce yourself. >> before you start the clock, do you have a remote here? MR. Chair, members of the commission my name is eileen mehta with the law firm of bilson sundberg and I wanted to mention first I want to thank both MISS Prieto and MISS MR. Winkler for court cooperating with us in an attempt to settle. We have a few legal comments we've reduced to writing and we will hand it to the clerk because we know you don't want to hear from the lawyer, you want to hear from the executive vice PRESIDENT Of gl homes. He has a brief presentation to explain the settlement we were able to reach and the progress we've made, thank you. >> thank you so much and I will say at the last hearing we took save colusa at their word and there was a what we want list presented to us. That list included documentation, rookery and wildlife habitat items. With a concrete list to address we reached out immediately. we conceded all points and created a new rookery plan. We met, exchanged settlement agreement drafts with tropical audubon and save colusa. Amanda prieto and I presented a new plan at the kendall federation meeting. Ropical audubon was in negotiations and they've been a strong advocate for rookery protections. Objectors concerns were well represented by their efforts tropical audubon and us signed an agreement with additional rookery protections and I think lauren the executive director of tropical audubon is here and I want to thank lauren and her team or constructive engagement. She's right over there. So derm approved our plan and all departments have recommended our projects approval and here is the new plan. The revised plan expands the link whereas before the lake was getting smaller. The 3 and a half acre lake with a red dotted line now look at the blue is over 4 acres. We eliminated the houses that backed up to the rookery, no homes will be built in this black circle which by the way that last meeting MR. Winkler was saying that black circle is measured wrong and we confirmed we measured it correctly and it wasn't a misrepresentation. At that measures 330 feet from the nesting area plus we put a double edge and trees shown in dark green so there's going to be a visual buffer around the rookery and in addition with lots of orange we will construct nothing for two years to allow landscaping. This plan far exceeds regulations. So the tropical audubon settlement covers physical area and restrictions, these were some of the points and in addition there is use restrictions, access provided to tropical audubon so back to what we want slide, all items were addressed and we filed the document request, they cut through traffic study showed there are less impacts now than the last time commission approved this application so all the other listed items up there beyond those two address the rookery plan and by expanding and protecting the rookery areas we created the better wildlife habitat so if we address the issues from the last hearing, what happened to save colusa it was a bit of the goalpost moved again and she said she could live with 300 homes. That was not on this list of demands, 300 is lower than what's permitted in the comprehensive plan. The orbis says colusa supports 300 units per acre, our plan is three units per acre and the pastor 524 has been a series of compromises, I'm not going to restate them here because I know you guys are time sensitive but it's hard to reconcile MISS Prieto's public support of apartment 250 yards from colusa at 23 units per acre in opposition to colusa at three units per acre because of density. His atlas grant project provided no traffic improvements for its 342 units, meanwhile we voluntarily proffered traffic calling improvements with police enforcement funded by our hoa. These improvements are so but comprehensive cut through traffic will be less after buildout than it is today. Our entry bypasses colusa club drive which took those impacts away and we voluntarily proffered eight off-site improvements to reduce the incentive to cut through colusa in the first place and with respect to community benefits which I just heard, these traffic calling measures funded in perpetuity will reduce cut through traffic even after buildout. Our on-site 5 acre recreational amenities will reduce the impact of our residents and county parks and were funding bike trails based on a request from this commission in 2021 when we got approved because this area is already over parked according to your parks department and we address existing drainage issues for surrounding homes because there's plenty of community benefits here but let's get to the recap, the objections focused on the rookery. We agreed to a settlement agreement and derm supports that agreement, in fact every department supports this. We address every objection, three units per acre is way at the lower end of your designation. We need traffic county standards, your traffic department and all other departments recommend approval as do the most impacted homeowners, after people that live on colusa club drive were the people that signed the settlement agreement. Anyways. I am in favor. >>chair: I mean, if you weren't there would be concerns. All right. Commissioner from district 7, this is within your district so you MAY start. >>commissioner regalado: I'm happy to wait till the end of my colleagues have concerns and if no one has any concerns I'm happy to move the item. I am happy with the agreement with audubon and I think a lot of the concessions that have been made make this a different, much better application but happy to answer questions at the end of. >>chair: did you officially move it? >>commissioner regalado: yes. >>chair: it's been moved, it's been seconded by commissioner gilbert. Any discussion on the item? Commissioner hardemon. >>commissioner hardemon: rosie, is that a yes, sir no? >chair: I don't know what happened but I'm not going to ask. >>commissioner hardemon: I was waiting for her to tell me something, I was unready for the vote so if you're looking to say yes. >>chair: just trust. All right, if there is no further discussion clerk please call the roll. >>senator garcia: >>commissioner gilbert: yes. >>commissioner gonzalez: no. >>commissioner hardemon: for. >>commissioner lopez: for. >>commissioner orbis: yes. >>commissioner regalado: for. >>commissioner steinberg: >>commissioner bastien: >>commissioner bermudez: yes. >>commissioner cohen higgins: no. >>commissioner mcghee: yes. >>chair: I vote no. >> item passes 8 to 5. >>chair: congratulations. Since when do we clap? Actually can I move to reconsider? Because like, we don't do that. We don't do claps so contain your supporters please. Are you ready commissioner hardemon? We are going to go to the last one, I can go to the other ones. >>commissioner hardemon: what we are waiting on is the actual applicant, you have the attorneys coming in, I think they're ready. They're probably going to proffer something on the record captured by the county attorney's office. And everything will be copacetic. MADAM Court reporter can you get that one. Class copacetic? >>chair: sergeants, can we secure the chamber? All right, so MR. Attorney director item 8 c2. Your you read your statement. All right. So I will now open up public hearing. There is no public speakers signed up to speak. O I will now close. public hearing and to the applicant, do you need to how much time will you need to present. >> under five minutes, three minutes. >>chair: so three minutes. You can start now. >> good morning sharon commissioners, 333 se. Second avenue here on behalf of the applicant, joined by erickson, and fred quinn from ownership so briefly we are north of the signature ridge north of the under deck at 1315 miami court, as you can see we are surrounded by multiple high-rise multifamily residential development print the reason we are in the metro over some zone is because we are surrounded on all sides by four stations within 2 to 4 blocks of the site. We are about half an acre in size proposing a 378 unit residential building with ground floor commercial activation, what's interesting about the site is we are focused on the pedestrian experience rent we have 20 feet of sidewalk on our north and west. This is different from what's required in miami and what you're seeing in the surrounding buildings which have about 10 foot sidewalks, sometimes less. So jumping into our public benefits proffer we are offering a couple of things, first is a 10% set-aside for workforce housing, splitting into two tranches, 5% will be up to 140% ami and the other 5% 110% so we are reducing the difficult workforce housing proffer. We are also proffering about $600,000 worth of public improvements, these are to the sidewalk systems, there is a well-known trendy pizza shop north on us generating tremendous activity must be under deck is coming so we want to add sidewalks, crossings, signals, some of the electrical boxes for I forget the symbols are so people can cross walk in the neighborhood around our project. Your offering one third proffer which we are working on currently with the county attorney's office. To make a financial contribution in a few ways, one is providing $50,000 payment towards an education fund within the next 60 days I believe and we are also going to provide $400,000 towards educational endowment for educational opportunities to kids so if families are in need this will be given to a private school to help facilitate academic opportunities to kids so if the district chair when except that proffer or if you have other comments I would be happy to entertain. >>commissioner hardemon: the 400,000 contribution would be necessary to a private school. But it will be towards an endowment that's already existing for through the miami foundation already established for additional residence. >> we are happy to accept that. So that proffer was obviously made on the record, I know the attorneys office had some notice but you are having finalize language, you want to recognize for this? >> if you don't mind commissioner, as I understand the covenant is still in need of finalization. >>chair: MADAM Attorney, for the record you do have to be recognized. >>commissioner hardemon: I said through the chair. >>chair: you did but you do need to be recognized by the chair. >> MAY I be recognized. So yes, the conditions were not the conditions, the voluntary proffer will be part of a covenant. As was stated on the record includes a voluntary proffer of $50,000 contribution to a 501(C)(3) Within district 3 made within 60 days as well as $400,000 contribution to miami foundation, both those will be for the local public benefit and the public interest. And the finalization of the covenant will be within 30 days prior to this approval claps to clarify on the record the contribution to a 501(C)(3) Is not necessarily a 501(C)(3) Located in district 3, this is for the benefit of scholarship endowments. Understood? >> and the 400 is paid at time of permit. >> application for permit. >> could we push that to permit issuance? Kay. We will take it. >>commissioner hardemon: with all that on the record I would moved to approve the item with recommendations by staff and the additional representations made on the record by the applicant. >chair: move by commissioner trent for hardemon, second by commissioner lopez. >> I want to take a moment to note the extra ordinary community benefit you just yielded for your community I think it's important to highlight moments like this. So I applaud you for the first time you've done it but I think it's extraordinary when we have commissioners working with our developers coming into new communities and making commitments of this size because this is a sizable community benefit commitment and I think it's worth highlighting and I applaud you for giving back to our community in such a great way. >>commissioner bermudez: I got a question. I applaud you these scholarships in your district. Which it is, correct? >>commissioner hardemon: yes, the endowment fund produces scholarships. >>commissioner bermudez: the important thing is every time we ask for something else we increase the cost book for a good cause like this is appropriate. And it's particular I know your district has been commendable. I want to hear you say copacetic again one more time. But so I'm going to be supportive because of that. Because I think it especially working with the miami foundation moving in that direction is in helping children in the area definitely sometimes they don't get the distinction as other districts so I will be supportive of it. >chair: with that single further discussion call the roll you need to say anything else? All right, clerk please call the roll. >>commissioner gilbert: >>commissioner gonzalez: >>commissioner hardemon: >>commissioner orbis: >>commissioner regalado: >>commissioner steinberg: >>commissioner bastien: >>commissioner bermudez: >>commissioner cohen higgins: >>commissioner mcghee: >>chair: I vote yes. >> item passes unanimously. >> thank you and congratulations. >>chair: MR. Attorney can we take 7a, seven a supplement number two and if the director needs to read anything into the record now would be the time. >> standard application for public hearing and final action and I will now leave the permanent title. This is an ordinance relating to miami-dade county comprehensive development master plan providing disposition of cdmp 0013 located west of 1/37 avenue and state road 836 interchange north side of theoretical northwest 6th street filed by kelly tractor company in the MAY 2023 cycle to amend the cgmp providing exclusion from the code and an effective date, including seven a supplement, supplement number two this is a public hearing. >>chair: we will now public open a public hearing, when I call your name lineup and say your name and address when you reach the podium, you will have one minute to speak as I have several speakers. All right, caitlin nicole daly. Elio lopez, [Reading names] [Reading names] Those are the first 10. You MAY state your name address and you'll have a minute to speak. >> do we speak at the same time? My name is luke navarro, I've written live in 879 southwest. 149th court miami florida 33194. And I came here today to speak about the 300 acre land being considered for redevelopment. I please purge we hold this project since this land is considered to be part of the wetlands ecosystem and this development not only will bring an eyesore to me every morning when I'm on my way to school or work instead of being greeted to the beautiful landscape, I will be in an office complexes site. I look forward to seeing every morning and afternoon as a representation of my home will now be taken away from me and my community. Additionally not only is it a sight to see but it contributes to the flood control systems and natural drinking water supply for the county. If these wetlands are removed it will lead to an increase in flooding for communities in the area including mine. Enough talking about my home getting its beauty stripped away. What about the animals and native plants that run free in those 20 300 acres of land. this area is home to various protected species of wildlife from the everglades. These habits cannot be replaced. These habitats cannot be replaced once they are destroyed. This defines our area and community and instead of a forest there will be noise traffic and other development issues and therefore I asked the city to protect this land and preserve an environment and quality of life for our community. >> thank you for having me, my name is caitlin daly, I live at 1605 southwest. Of any of avenue in the heart of westchester. I want to speak on the issue of the redevelopment of wetlands in the sweetwater area for kelly tractor read I was born and raised in miami no more than 10 minutes away from the site proposed for the project. It seems over my 20 short years of life I've watched miami change into a concrete city continuously expanding and stripping away the nature that makes florida so beautiful. I've grown up in the same house and have witnessed project after project like these have a detrimental effect on the environment even in my own neighborhood. If I wish to see anymore green I have to travel from my home and scout out any wildlife I can find. This area west of 1/37 avenue is an example of one of these environments that have been left untouched, free of native plants and animals and to destroy this area and paste it over is to not only disrespect our earthen city but disrespect the citizens as well turning their biodiversity into nothing more than concrete, thank you. >> good morning, executive director with tropical audubon society address 5530 sunset drive and I urge you to uphold the mayor's veto of this application. At its core this is a process issue that applicant has attempted to bypass the counties long-established udb amendment process by using a cdmp text amendment for full review and accountability. If approved this sets a dangerous precedent. Equally concerning there's been no credible demonstration of need. The applicant has not provided data, benchmarks or projections to justify expanding more than 200 acres outside the udb. Bottom line, this application undermines the integrity of the cdmp and sets a dangerous precedent that weakens your ability to manage growth responsibly, please uphold the mayor's veto class my name is elio lopez, 19 years old from miami florida and I came here on behalf of everybody I know is on the same stance as I of upholding this veto. I simply wanted to speak on this land that we are considering absolutely like, vandalizing. I understand truly there are corporate interests in upholding this incentive but this is native land that is very precious and I simply hope we can trust as me and all my family members and friends that are students that are growing as adults, we can look up to adults that are making these decisions and that we are supposed to be looking up to. Just with that I wanted to truly hope we have the most intelligent foresight in mind when taking these laws into consideration so I wanted to voice that. >>chair: thank you my friend, can I put your address on the record. >> 3256 northwest. 100th avenue doral class I signed up but I don't think I heard my name but I should be on the list. >>chair: maybe you just haven't been called yet, what is your name. >>chair: you are number 11 but you can go ahead. >> 1424 ne. Miami place. Thank you for giving me the time to speak today, I'm urging you to uphold the mayor's veto on this application, building outside the udb line will be the beginning of approving more applications outside it. Doral has always had planning on vacant land and now since you guys have approved so many develop and send running out of land kelly wants to conveniently expand into protected environments there are still areas in doral near their headquarters you can take advantage of whether kelly says differently and they have failed to come up with an adequate reason not to. Missionary bermudez as mentioned how we need corporations to flourish and if we lose kelly tractors it will cost miami more money but kelly has been here and they aren't going anywhere anytime soon. I urge you to think about the community and ecosystem and focus on preserving that and not go towards what will fill your pockets. Finding the connection to protected waterways is not the resolution, you need to have your humanity and protect the area in between, animals are going extinct every day and if you keep pushing them out of their homes. >> I live at 8401 northwest. Eighth street 331263 and I'm here to defend the everglades. Kelly tractor a company that has already shown a lack of respect for this highly important ecosystem plans to destroy 240 acres of everglades wetland rent failing to explain why they cannot use already land owned near the headquarters miami-dade deserves an explanation. Why are we entertaining and industrial complex on land vital to our water security and safety? Plowing these wetlands creates displacement pushing millions of gallons into sweetwater homes, installing fuel tanks over the high water table threatens us with possible water contamination. Replacing this functional wetland with industrialization would create a permanent liability. A liability the people of miami MAY very well pay for in the end really pleased I ask you kindly please do not let this go forward. Thank you so much. >> no cleveland, I'm with the sierra club 5990 southwest. 50th street I just wanted to recognize the fact that it's very important to this board that we follow the rules. So I'm looking forward to getting x explanation as far as why you would consider moving the development boundary. >> thank you for hearing our comments and reconsidering this item. We are reynolds with a hold the line coalition 6820 southwest. 64th court. You've heard there's no need established here and with a full application to go through the process, getting a letter from G.I. In the 11th hour is proof that this hasn't gone through the full process so I ask you to uphold our cdmp, joe you have to establish a need and that a private company who has nothing to offer for the public good, usually we reserve text amendments for the county or for some, something we need like a water treatment plant or a road. Having a private company do this makes the urban development boundary irrelevant and it would be difficult for us to protect pretty we need for everglades restoration or anything else. I urge you and if you think there was misguidance here, half the applicant reapply the correct way, waive the fee, expedite this process allow them to go through the process unhindered but do not set this precedent, thank you. >> very waters again. >> mary waters, 13 600 southwest. 229 street redlands. I am PRESIDENT Of tropical fruit growers of southwest florida, PRESIDENT Of redland's citizen association. This is near and dear because of the uvb movement. I know a little bit about the kelly family and I also know about regulations that will be required of the kelly project to as far as safety, things that they have to do. I would far rather see kelly tractor get to build its operation on their own privately owned properties then I would see all the tractor-trailers that are being proposed to be built all throughout the redland area. There will be no supervision of what happens with these trucks. Kelly is going to provide hopefully a whole lot more jobs than what amazon has been found to closed down their operation. I would like to think that is in a location to where it's farther away. >>chair: thank you MISS Waters. Next group will be dan and anna, will larkins, maverick, zachary, sophia, emily alfonzo. Stephanie damien dejesus and philip charles kerr. Ma'am. >> I live at 1/18 and 1/17 street. I was born and raised in kendall and I'm a big nature lover, just recently fell in love with the native agriculture of this place and the everglades. I currently have to drive an hour away to be fully immersed in the nature here of the everglades and the last thing miami needs is further development with the wetlands that provide so much protection, beauty and water to florida and miami. I urge you to uphold the mayor's veto and like many have mentioned this project would bypass the udb which would develop a new benchmark that should stay where it is, thank you. >> my name is will larkins, I'm an fiu student and I work as a guide at everglades national park and live at the fiu main campus we had yesterday was birthday in the worst possible way to celebrate this by passing a development that is going to harm a bird rookery and get rid of land that can be restored and I hope you all do better with this vote today. More than 10 acres of florida's wild land is cleared every hour for developing and you guys are actively contributing to that and it's difficult to see growing up in florida watching all our land disappeared. Please don't make the urban development boundary irrelevant. I know you accept political donations from gl homes in the past year so I'm not surprised you passed that development 8 to 1 but I hope you reconsider destroying land that could be used for public benefit, land that filters water and provides ecosystem services for a tractor corporation to keep tractors that don't benefit us as miami and we are paying attention, I hope you know that. Happy birthday. >> my name is maverick court ciano, a resident at fiu and I appear for the similar reason all my peers are appear to express my concern for the future of miami-dade and the natural wildlife we have here. And I as my peers have all said it's very important we uphold this urban development line because if it doesn't stop here then where does it stop? It keeps going further in and I'm not here to demonize anybody up here. I don't think anybody up here is not looking out for us and I acknowledge miami-dade has taken a leap towards creating a more green and sustainable future with miami freedom park and whatnot and I do think there can be some sort of compromise reached between kelly tractors and withhold interest of the people and as you MAY know the government has looked unfavorably on me and my peers. Some people thought this was frivolous coming here but I believe change can be made by speaking to you guys, thank you. >> I am an fiu student from naples but I am a student here so. >>chair: your address. >> 7884 urban drive and basically I just don't want to see more area from the everglades get taken away from what could be preserved and what could be used for other purposes other than just development. And yeah, I am here to support the cause and to speak for all my other fellow students at fiu. >> my name is cardinal alfonzo, I live in the kendall area and I'm here to speak against kelly tractor. all of you know how developments on wetlands will affect us, you know how this will affect our water, impact our environment and ecosystem. Do you not care about the quality of life of your grandchildren, great-grandchildren and mark not only will this affect us humans as all of us have mentioned but I don't understand how anyone can have the heart to allow a development that will destroy these beautiful wetlands, destroy animals homes leading to possible extinction for some. How can you not think about that? How could you be so greedy and take from a land that is here to balance us out and benefit us, vote no on the kelly tractor development. >>chair: state your address for the record please. >> I live at fiu. >chair: I guess we can google it. Can you start with your name and address? >> I damien, 4790 w. Eighth street. >>chair: you have a minute. >> my name is damien, I am against this development. This plan is outside the udb line and would destroy 22 acres of wetlands needed to control increasing floodwaters, this is another development destroying our nature. This private company doesn't benefit us at all so where do we draw the line? Till florida is full of concrete? Do we want a cyberpunk future, what about your grandchildren like they said. I