Miami-Dade Zoning Board Agenda

to zoning and we will come back to this. >>county attorney: we will recess cdmp. >>chair: it's been moved, it's been seconded . Show us in ecess. >>county attorney: now you can convene as the zoning board. MISTER Chair, you do you want to take up 3a first? In that case let me have the zoning director read the opening statement recognizing everyone who was going to speak has already been sworn in. >> in accordance with the code of miami-dade county all items have been advertised in the newspaper and properties have been posted. Additional copies are available in the chamber. Items will be called by agenda number and name of applicant. The record number will lift documents from the public agencies. And where there is an appeal from the community zoning appeals board we have the transcript of those hearings. All interested parties and members of the board of county commissioners MAY examine these items for the record. Parties have the right of cross-examination. Be included in any tanscript for those proceedings in addition there is an official translator present. have we been sworn in? Item 3a, no protests, no waivers . >> the public hearing record from the cdmp is incorporated into the record for the zoning . >>chair: thank you so you already had a public hearing on this. Anything further to say? I need a motion . >> I'm happy to move the item . >>chair: it's been moved and seconded, call the role. >>clerk: [Roll call vote] Motion passes 10 to 0. >>commissioner hardemon: MAY I make a quick motion? No public hearing, nothing attached. I move that we adopt item 1b . >>chair: a pledge of allegiance in comprehensive master plans? We switched, okay. Okay. >> if we can read it into the item this had its public record . >> properties 2022, no protests, no waivers. >>chair: it's been moved and seconded, call the role. >>clerk: [Roll call vote] Motion passes 11 to 0 . >> there is one request for a deferral of a zoning item. It's item 1e. Archimedes requests deferral z 2022. to 21. >>chair: 1e. >> welcome back, good to see you again. I recall this application and made specific requests . I assume you are seeking a deferral because those requests have not been that . >> we have a revised site plan that does withdraw the site variants which was a bigger objection. For the record ryan adler, 1450 cal avenue and good morning commissioners . Sorry for jumping right into the answer. We have a revised site plan. We do not have a corollary plan yet, our architect left so we do need additional time. We sent a letter for via fed ex twice because they lost the first one letting them know we would be seeking a deferral of this hearing. I gave my card with my name and number and contact information so I welcome any opportunity to discuss the application. >> I'm happy to defer. >> is there a date certain to defer to? >> how much time do you need? >> we had put in a letter to OCTOBER 19 . That should be sufficient. We have a new landscape person that's supposed to be handling it. >> I moved to defer and thank you for working with the neighbors. >>chair: moved by commissioner begins, all those in favor of deferring until OCTOBER 19 signify by saying aye. >> tank you very much. 3g. >> item 3g , no protests, no waivers. >>chair: and its public hearing I believe. Public hearing is open, no one registered to speak, public hearing is closed. You are recognized . >> my law office is at 1450 brickell avenue here on this item with my client . Like other applications I am prepared to make a full presentation and I will defer to the commissioner or the district to the extent we can avoid that but I am otherwise prepared. >> I will make a motion to approve. Recommendation . >> there's a motion to approve seconded by the vice CHAIRMAN, call the role. >>clerk: [Roll call vote] Motion passes 11 to 0. >>chair: now let's go on to 1a . >> item 1 a , no protests, no waivers, public hearing was held at the last meeting. >>chair: all right, public hearing has already been held . Who is the district commissioner ? All right. Where are we ommissioner, you are recognized. >> I have an update whenever you are ready. >>commissioner bastien: tank you. Good to see you again sir and welcome back . The last time you were here, the decision was made for you to go and meet with the residents . Quite a few of tem came in a position to the application and now you have an update for us ? >> for the record javier vasquez here with my colleague eddie baker and my colleagues are here as well. This application as you remember was deferred at your JULY 19 meeting . With your request that we meet with the neighbors. A quick summary of our history . This application has gone through a rigorous process dating back to JANUARY 2020 when the comp plan was approved by the zoning appeals board and approved to allow for the comp plan to go to 13 units up to 13 units per acre. the zoning filed with the application to ru3m is consistent with that designation . Staff is requesting approval and it's an application that has availed itself to the workforce housing regulations with a commitment of 20 percent workforce housing as we know we have an affordability crisis and you remember we spoke about that . The difficulty this commission has in balancing out that affordability crisis obviously with those concerns . We met with the neighbors within the last 2 weeks . It was a scheduling issue that took us longer than we wanted to. That could tell you any progress was made . MISTER Baker was there on my behalf . It was described to me as a difficult meeting . I think I will leave it at that. And the application is a very moderate one. It is one that is all local profile product with townhouses and a density again that is exactly what you are, plan calls for. We think this application has gone through a process that requires a vote today. This application keeps in mind the difficult situation this county faces with affordability and workforce housing and I'll remind the commission of something CHAIRMAN Albert mentioned to the objectors on the way out and he said this is a good application and we feel the same and we hope you have reached a point where you will support it and this is something that brings to your community what this county is hungry for so we would request and approval in keeping with that staff recommendation which is for approval . >>commissioner bastien: as you know my position is important for the community to be engaged and you said it was a difficult meeting . Can you give details of what the issues were? >> I'm going to unfortunately ask my colleague to give you that update as I was not in that meeting and he was there on my behalf and MISTER Baker will give you that detail. >> eddie baker, 1450 brickell avenue. We came to the meeting presented the project , described the project and there was just no desire to have an open discussion. Like we were going to put our foot down, say no and not have any kind of productive dialogue . Outside of that, we presented the plan . There was some questions, some productive questions . We tried to explain the importance of affordable housing in the county. But we left on a bit of a sour note but I think we were able to at least inform some of the residents of what the project was going to bring to the community and hopefully there was sme value in the meeting. >>commissioner bastien: I would like to hear from my colleagues because I also do believe that it is a good project but I am, I really would like you to find a consensus with the residents. I think it is extremely important for you to find a consensus with residents and I don't like to approve a project where the residents are opposed to so I would like to borrow something from commissioner steinberg's book to ask my commissioners what they think. >>chair: listen, I appreciate the residents participation in this process but that is not a sustainable path for us . The mantra for literally everyone is they want everyone to stay the same and this is not a sustainable path. This is a good project for us and respectfully I think that's why we set of board of 13 . I understand you are elected from the district and there might be some difficulty the cause the residents that vote in your district but our charge is actually to do what's best for the entire any of the county ad move the county forward . One of the problems we have here, a more pronounced problem is housing and it's the affordability of housing and you can trace that problem back directly for the fact that years people would say we're not going to build this because we don't want change and if we don't do that we can never affect supply and demand and bring down the cost of housing . Listen, if there are things we can do to work with the residents, but then saying we're not going to do it because it's housing and this is my opinion . For this but it's also my opinion when we have those people who want to build and residents come in and have the state and they want to keep their estates, we can't do that . That's not sustainable. >>commissioner bastien: commissioner cohen higgins. >>chair: you know I still do the recognize. >>commissioner bastien: you don't forget. MISTER Chair , this is a coup d'c . >>chair: commissioner cohen higgins, recognition commissioner hrdemon and then commissioner cohen higgins. >>commissioner cohen higgins: mission or bastien, I understand your angst and I certainly can relate to it and none of you is different than the CHAIRMAN. We need housing in this county but it's not always needed in every district at all times otherwise that would be the policy of the board of these gentlemen that are incredibly intelligent attorneys and lobbyists wouldn't have to show up to get these applications approved. There's a reason there's a process in place and when I have residents that are in objection to applications which is often the case I feel like I've sent a pretty strong precedent that most of the lobbyists and lawyers here consistently comply with his work with the neighbors and come back with a resolution and nine times out of 10 some sort of balanced agreement is reached where both sides are not entirely happy. Obviously the decision is yours, I would defer to whatever you want to do but typically when a direct and is given to work something out something is typically worked out so that's been my experience and hopefully that helps you make a decision this morning. >>commissioner hardemon: this is one of those moments where the tides have turned because our commissioner tran five, has been tasked with bringing those in the neighborhood who are trying to gt developers to come to the table. The district I represent. I can identify at least one time where there was not a consensus met between the commissioner and what she thought was best and what other people thought was best and move the project forward. I say that to say not in every district you find a solution that the community agrees to . I mean those that are interested because many in the community will agree with moving the project forward, many will not agree but what we have to do is make a decision one way or the other. Usually the people who are not happy are the loudest . They are the ones that come down to speak but I guarantee when you make an improvement everyone in the neighborhood and those who go through the neighborhood appreciate the improvement and part of the reason we have a lack of affordable housing is because in districts like mine and like hers, people have decided not to invest in those districts especially beyond a single-family house . The single-family house is just one person. If it's the person who owns the land, great . If not it's going to be the decision of someone who bought the land and whether or not they are going to make a profit when they sell that property to someone who wants to live there . So someone has to want to live there and it has to be someone who can afford to buy the product that was built so there in lies our problem. People don't build in neighborhoods people don't want to live in and if you think it's different than that then GOD bless you because when you talk about the lack of housing, we are never speaking in the same breath about the number of vacant lots exist in district 3. We talk about the lots away from this for two individuals to build housing on and half of the properties in miami dade county came from district 3. So I say that to say when you find someone that has an interest in your land to make the space better, to make an improvement, to bring residents there, to bring economic development, to bring its mixed-use housing and retail, we say don't look a gift horse in the mouth. Right , horses don't have great teeth, I don't know if you know that. But I'm just saying that sometimes you have to tell GOD thank you so there are times when this commission , the district commissioner has the ability to look someone in the eye and say thank you to the residents for getting your best effort, thank you to the developer for putting your best foot forward and if there's something you want then make that request I believe in allowing the residents to go first, challenging the developer to ask what they wanted but understanding sometimes things are beyond the capacity of individuals that don't do this every day. Fortunately we have the ability to do this almost every single day we know what doesn't work . If you need more time to do that that's one thing. If you believe in your heart it is the right thing for the neighborhood, a better neighborhood to exist and people to enjoy the space better and you're going to give people who live there an opportunity to move to a better space then you move forward but whatever you wish you are voting with this bodies support . >> I piggyback off of what they commissioner from the third district fourth . Change brings about disruption and if we are honest with ourselves we know that it's difficult to get resources into certain neighborhoods based upon past acts and passed years so the commissioner from the second district , whatever direction you take I will be there with you because I do understand change has not been easy because folks have to realize that if they want to change the dynamics of their surroundings they have to be willing to disrupt the actions and beliefs that others are carrying so with that said whatever direction you choose to take know the commissioner from district 9 believes in that change and disruption to bring about a great economic engine for that community and lastly MISTER Cairman I did look into the notes and based on what I was seeing in the notes, the proposals that I'm reading through are not realizing the true potential of what they can do on this particular land. They can take it to a higher buildout but they're choosing to be humbled and and understanding of the surrounding community so that I take my hat off to because that shows restraint and they've actually demonstrated that. >>commissioner higgins: thank you MISTER Chair. The number one crisis in this county is housing and it's very straightforward how we solved it . We build more. We have a supply and demand issue, too much demand and not enough supply. There was a gentleman here at on the lot next to him was going to be 2 townhouses . Just two. Big , beautiful townhouses. And he was vehemently opposed to it because it was change to his neighborhood but while he was giving his testimony he emotionally talked about the fact that two of his adult children had moved away so this is how you can see out I human being who does not is not getting paid or elected to solve our communities issues , you can see how one human being they want housing for their children but don't want any change in their neighborhood so that is a human reaction and that's why we listen to the residence and every time we are these meetings we ship you out to neighbors and you come back sometimes with dramatic improvements, sometimes with minor improvements to make sure we're meeting people halfway or a third of the way or recorders of the way. But every application we're going to see here for the rest of our elected lives is going to be about more density because more and more people are living here and our kids and young people and young professionals cannot afford to live here and we are going to have an eventual brain drain. That is why I have consistently supported housing in every district including mine and I tried to live by example as commissioner hardemon knows I'm making sure I am adding density in our neighborhoods and working through those issues with the neighborhoods and neighbors to make that work for them. so I don't tend to shy away from this hard decision because if I voted against housing , I am voting against miami-dade county . I am voting against everything we need to live and survive and thrive for future generations . I am voting against all the people who want to live here and all the companies that want to relocate here all that progress halts we don't build housing so commissioner bastien I know these decisions are rough. I encourage you to move forward with this what I consider to be very moderate density application on a huge parcel of 5 acres . >>chair: let me say thank you also because one of the things commissioner higgins does is she makes sure they put workforce housing in areas that don't always want workforce housing . So the beach and brickell because she understands the importance of it. I can appreciate that but I want to not even on housing, it's on representation . I appreciate everyone coming down and our reasonable opportunity to be heard . Understand you are elected for the people who don't show up. They elect you so they don't have to show up. We call it democracy, let's be specific. It's a representative republic . They elect people to show up so the people who don't show up are just as important as the people who do. They send somebody to make measured judgments and be aggressive sometimes. They send it to us so when people yell at us , I put density in my city but before we were talking about density and before it was populated by residents, I took all the threats and did it because it was the right thing to do when no one said let's do it . No one, the entire state said don't but I knew we needed it . I was elected to represent the people who showed u and the people who didn't and we forget that sometimes because we're always forced to deal with the people who show up and people show up when they are against it primarily. People who are against it they are self motivated . So it's always an echo chamber of negativity. That's what it's going to be . But our charge is something different. I respect all of your opinions because what happens and commissioner cohen higgins is right. When she says figure it out nine times out of 10 they come back with something they have figured out. This is the 10th time. What do we do when they can't work it out ? When we can't work it out they send somebody that makes the most balanced decision that speaks to what people need . What do the people decide? So this is a very restrained project. They don't maximize their profits. There are not trying to overly change the community. This is not close the last time, this is not close now. Commissioner regalado . >>commissioner regalado: to follow up on a few things my colleague mentioned, some of us live in districts that are very dense and when you talk about the differences in our districts , we get into we have better roads, we don't have food deserts . We have better amenities and what you need to understand is it's a trajectory and there are certain benefits that come with density. Density has its tipping points but it also brings resources and it is painful to go from something that is relatively rural to something that is denser and it's also more painful to go for something that is less dense to something that is more dense once you get to a point where you have enough human beings then it makes sense to have economic growth . Then you go from a suburb to something that is more metropolitan . The issue is when people come here they want better roads, they want storm water and flood mitigation. They want economic development but they don't want density and you can't have it because it doesn't make financial sense. When you go to certain areas and you see that it's desolate , then you wonder how do we bring economic development here, well how you bring economic development is by bringing more humans that spend more money in their neighborhoods that change how that works. To commissioner higgins point about workforce housing, ringing different economic levels, and why we know that mixed-use works as opposed to something that does not have mixed-use and that does not have a variety of income, these are all things that we navigate. So it's important to also to commissioner hardemon is point to explain to residents that there is a path forward and it is sometimes painful at the beginning but at the end people drive through and as people have access to more things, yes, there are drawbacks to that density but if you get to the right point of density you have benefits that come to a neighborhood I caution you to think that density is always bad. It comes with lots of resources and we have to be more open-minded when we think about creating economic centers throughout miami-dade county. Decision but if you look at all our districts and where you look at where they were 40 years ago, these difficult decisions were made and it took us to a certain point and they've made them more urban and if that's what you want for your area then you have to decide you're going to place that. Quite . >>commissioner bermudez: first of all commissioner I appreciate your candor. It's a difficult decision as the CHAIRMAN Said , if you've ever been in a city and you've been a mayor you understand that you represent all the people that do show up are usually the ones that don't want some want something to happen. And I think that the effort to try to have the applicant meet with the community is always important but what , when an applicant comes back and I've seen it both in the professional side and elected side that the naysayers which are the ones that show up are the only ones that show up, it doesn't take into account and maybe some believe it is positive for the community. When we discussed this application it wasn't people that just said they did. They took the time to come here also because they felt it was good for their community and it was going to be beneficial but I understand your concerns and the only thing I would tell you is that at some point like the discussion we had yesterday we have to make decisions and one of the reasons why I speak for others is because 242 long constantly we've been not making decisions and maybe that's the reason we have the affordable housing crisis we have today but having said that I share, and I applaud commissioner higgins who was very clear always on what she believes is the poper path not only in her district across the county and we all agree there is a crisis in affordable housing that is countywide. It's something that doesn't impact one district or the other but having said that I agree with my colleague commissioner cohen higgins that we have to have different types of housing in this county. It can't just be going up constantly and talking only about affordable housing. In fact we probably have a crisis just as serious in single-family housing and I don't think that should be something we should not talk about because the only thing we're going to talk about his affordable housing. We need to look at it holistic way. I know it's a difficult decision but at some point I think this application is a good one. I remember there were people that supported it because to actually bring something positive to the community but I caution my colleagues. I will not always the someone who agrees with more density. I will be reasonable if it's something that makes perfect sense and I would ask staff when are we getting the agriculture report that's been sitting for a long long time. Do we know when we are going to get the report and even though I don't represent that district with commissioner mcghee and commissioner cohen higgins, that's an important industry and I would like to know the answer one way or another jerry bell, assistant director of planning . We are finalizing the review of the draft and it should be forthcoming within the next month. >>commissioner bermudez: this is an industry that is important to the county and they also merit the opportunity to be able to be clear as to what the staff thinks is the future of that area. Viability, etc. . I'm never going to make a decision based just on we need fewer more affordable housing but I think this project is a good project and the applicant has taken the time to meet with the community and I can tell you commissioner from the professional and elected side you're always going to have somebody who doesn't want like something happening in your community. Life is for better or worse that we have to make the difficult decisions. >>chair: commissioner, what is your pleasure on this? >>commissioner bastien: thank you MISTER Chair. First I would like to set the record straight about what commissioner hardemon mentioned . You said it on record. I'm not going to mention any project but I have to set the record straight. In the case you are referring to, the great majority of the people voted for it. So let's set the record straight . So now, now. We have to set the record straight . Respectfully. >>commissioner hardemon: we disagree on the facts. Facts are important. MISTER CHAIRMAN it yu will recognize me . >>commissioner bastien: I have the microphone. >>chair: actually I have the chair . A couple of things before we lose quorum and I talked to them about that. Don't do that again please. I appreciate your atention to the quorum rules . It will exist in this audience and in this space . Commissioner, you are recognized . >>commissioner bastien: I have a few questions for the applicant . The last time the residents were here and a lot of them came and a lot of them are here today and I would like to thank my colleagues for their comments . I really appreciate them. And the reason why I always insist for applicants to meet with residents it's because I believe development must be done with the people . I strongly believe it . It's not because of a lack of courage to make decisions. It's not because I don't . I do know that we do need affordable housing . I do know that . This is something I've been jumping in four years. My question to you is the last time , the last time you were here a lot of the residents came in and talked about the noise . They talk about the noise , the traffic . I think these are the new complaints . My question is what are you willing to do to rduce the noise or to improve some of the problems with the traffic and then my third question is would you be willing to increase the amount of workforce housing ? >> to your first couple of questions I will reiterate what commissioner bermudez mentioned is that we had opposition here. We also had support. I thought it was important to meet with the residents but we weren't going to ask them to come out. We know where the community sits on this issue. As relates to the noise this is a little scale development. I don't agree with the suggestion that this will be a noisy project . If anything this will be the replacement of an eyesore in this community which is the ground for more dumping in relation to traffic your own department has confirmed we need a concurrency requirements for traffic . We know time see anything that requires us to take steps over and above were traffic . This is not a high-impact development . As relates to your request about workforce housing my client has already gone above the requirements . Requirements call for 10 percent and we have to offer not only now at can't plan time 20 percent . Any reduction of any sort which my client will no longer consider because of the fact we know where the community stands and we know what the likelihood of any meeting of the minds stands, the only thing that will suffer a reduction is workforce housing because the only way we're a developer can get to a project works financially is to eliminate workforce housing. This project is getting 20 percent, twice what is required and I hope you take that into consideration . >>commissioner bastien: the fact is they brought the concerns and as I indicated I am not comfortable . I am not comfortable by the fact that I asked you to go back and meet with them and you came back without any decision. any consensus . >> when you meet with a group of neighbors that will only listen to one alternative which is not feasible. I've been doing this 33 years . I know when there is a chance of meeting of the minds . I will be respectfully asking this commission to vote today because I know going back will bring me back year with the exact same position. I know this is a hard decision but like MISTER Mcghee said both sides have put their best foot forward with a reasonable, restrained development and with 20 percent workforce housing . I wish all your developers would come forward with something like this. >>commissioner bastien: this is what I'm going to do. To all the residents are here I would like to thank you for coming and I would like to thank you for participating and making your voices heard but there is one thing I would like to share with you is the fact that the cdmp for this project has already been approved by my predecessor in 2022. So this hearing is really to align the 2 projects . So I am not comfortable moving the item today. I'm not comfortable moving it today but what I would like to tell you residents, I am going to give you one last chance. The cdmp has been approved. It has been approved by our predecessor. I'm giving you one last chance to sit with the applicant. Next time. I will not make a deferral next time. If there are issues you have to meet with applicants and find a consensus. Last time. Next time, no deferral . That's it . I will make a decision next time. Comfortable moving the item . >>chair: I will entertain your motion but to the applicant and residents, I don't have a problem moving this item forward. Sometimes when people come they think they are stubborn and just don't move that the project will die. I don't mind approving this because I think it's a good project and I don't mind making that motion. So I say that because people sometimes move a little differently when they realize it MAY just be approved anyway the way it is so commissioners giving you an opportunity to try to find ways to work with the applicant . I really encourage you to do that. Because I am comfortable making the motion to approve this. I was comfortable last meeting, I am comfortable today. It is safe to assume I will be comfortable next day so you all need to understand that. >> I've spoken to my client and would like to offer one thing right now in furtherance of avoiding any further conversation. Though workforce housing requirements is 10 percent. We are before you with 20 to give you in furtherance of motion and if you consider we will confirm this process going forward. >>commissioner bastien: with all due respect I do wish I am asking . That you meet with them and they know that this is the last time. I've already said this is a good project but I'm not comfortable . >>chair: we will bring a motion to defer . >> is back to te OCTOBER 19 meeting of this board? >>commissioner bastien: yes . >>chair: yes. All those in favor of deferring until OCTOBER 9 say aye. >>commissioner bastien: thank you. Object to the deferral ? [Inaudible] Got three . I am against deferring this . wait a minute. We are at five on no. We need to go to 1c. >> no protests, no waivers. >>chair: this item is open, to people signed up to speak. Natalie santos . You all can come u and give me your nme and address and you have 2 minutes. >> I am spencer emerson, 3125 northwest 18th terrace . >>chair: you can go ahead . >> I am an employee of the building immediately adjacent to the project that's being applied for in item 1c. It's a professional office building . I've been there for probably five years so I've got a pretty good idea as to the dynamics of the traffic flow and density usage in this area. I look out the window and see the traffic on flagler pulling in and out and I've got a good feel for the area, the movement of the area. I also work for the owner of the building next door and would share with the board our concerns, some observations and reasons for our objection to the variance application , specifically related to the number of parking spaces . As you are aware the applicant is asking for a reduction in the required 69 spaces down to 58 spaces if we look at the reality of the usage of this property and this project is just not realistic and is not feasible for what they are proposing. So I wuld like to put it in context for the board and in getting ready for this I went back and looked at the occupants or who was going to be in that building being proposed for this site and it is one health so one health medical center . They got six facilities in and around the county . I think this will be the seven facility and they cost themselves on their website as one stop healthcare organization and they can provide a number two. >>chair: thank you means your time is expired. You are recognized. My name is natalie, southwest second street , across the street from parcel b on this puzzle . The reason and I have 17 different other neighbors that signed a ltter that we are proposing to this class mainly because we don't know what's going to happen to the entire project . We don't know what's going to happen in parcel c I understand that they have many to read change there is asking for every variance to be accepted . Parking, I went to different locations under parking of the sidewalk. They are also blocking their own parking space so parking will be an issue . The reason we are here today is they want to understand parcel b remains, single-family residence is be used as a single family home and me are concerned with the second street . Everybody is turning right because flagler is a nightmare traffic in flagler street is a nightmare so they will be turning right to go through our street that will be chaos . We don't have a sidewalk . There are elderly people that walk their dogs and this is going to the a lack of privacy that were going to have in our homes. Our homes are very large lots in a very nice neighborhood. We have commercial side right across the street, we can walk but we are residential so I want you to respect our privacy, peace of mind and people not destroying the peacefulness that we have in our . I appreciate your time . >>chair: public hearing is now closed. Give your presentation . >> yes MISTER CHAIRMAN . >>chair: while you are presenting, who is the commissioner on this? >> commissioner cabrera. >>chair: what is your pleasure on this? >> if you could touch on parcel b and the fact it appears at least based on the documents I have that it will not be part of the project itself. >> MISTER CHAIRMAN, miguel and commissioners, miguel diaz, and attorney at city five brickell avenue miami florida here on behalf of 86 flagler llc joined by my wife and partner . I'm joined by my partner on this item . And I'm here joined by my clients managing member of my client's company and my architect luis rodriguez. This is a one point and we can have the first light up, 5.8 parcels . There's all parcel a which has the number nine and parcel b which has the number 60. Parcel b is the northern parcel . If you take a look at parcel a , that fronts flagler street, one of the busiest streets in miami dade county . If you take a look at the block you are on 87th avenue right where parcel a is every single property except one is already zoned ru5-a. The property to the left is zoned bu1-a which is higher density that allows buildings up to 40 feet high. That's commercial property but every single property fronts flagler street on this block is already either ru5-a which is exactly what we're asking for or commercial. Now, the property as these two parcels, the parcel to the north is 37,000 square feet to the south is approximately 29,000 square feet . Everything we're asking for and what is before you today only pertains to parcel a . Where not touching or doing anything to parcel b which is the one neighbors concerned . If you look at everything that fronts flagler street, the land use designation facing flagler street including our northern parcel is office residential. That's the current land use designation today. All we're doing is changing the zoning from bun to ru5-a to align the zoning with what the comp plan already says. Variances I'm going to discuss all pertain to parcel a, the one we're asking to re-zone and do not touch and have nothing to do with parcel b, the one parcel the neighbor was concerned about. So the request . Rezoning parcel a only to ru5-a , from our um to ru5-a and a series of minimal variances in professional staff's opinion. These are minimal to accommodate the one health facility. The first variance is a front setback variant . The code requires 25 feet from flagler , 25 feet back . We're actually moving the building towards the front closer to flagler street and requesting a 20 foot setback. Again, minimal but significant in the sense that it's moving the project closer to the street and further away from the neighbors to the south and the concern about parcel b is further minimized this request for a non-use variance. To get minimus variances on the site setbacks, 15 feet required, we are asking for nine lot coverage going to 59 percent . Open space, minimal according to 7600 square feet, building, 32 instead of 27 feet . We've mentioned building to the west can go up to 45 feet and it's taller as it is . When they built the structure that is there on our property facing flagler just like we are. And we need a taller building because the facility as you can see in the next slide, here's the zoning that I will walk you through. Everything is purple, this is existing zoning. You see a corner on the left that is read. , that is to the right is the commercial parcel. Everything in purple is ru5-a. The only part that is not is this north parcel that I'm talking about so this is what we're requesting to the right so you see the uniformity across the block. Everything really will have the exact same zoning that fronts flagler sreet. >> through the chair if we can wrap it up. >> really quickly this is what it looks like. 2 story building, parking at the bottom. So also a minimal request for variance from 69 spaces 258 spaces . Why 58 ? If you are all familiar with the one health facility most of these patients who come here to these doctors offices, and at advance, they don't drive, they are elderly there is a need for 59 spaces . The spaces are more than enough in fact a lot more than what we need . We're here with a positive staff recognition for our rezoning request . A positive recommendation with conditions for all the non-use variances . What we're asking for follows the pattern of development in the area and similar requests for variances last three decades last three decades in this area we have seven that reviewed it and we are recommending approval and staff has been our application compatible and consistent with the cdmp. We have no adverse impact they are recommending approval. I have very nice video you want to see . I ask for your support for recognition . >> nathan, I have a question. My understanding during our conversations was there is a barrier you between parcel a and parcel b to make sure that we address some of the concerns regarding their potential use . >> they're placing a six-foot-masonry wall with landscaping with what requires when you have land-use so you agency residential self and you have your so we have to and we are not requesting a variance . >> a required to . >> if I MAY. >> not only are we providing that six-foot barrier extensive landscaping. Throughout the property sees and again parcel a is always talking about bases and it is no activity all the way to be parcel a . >>chair: if people say is one little thing that's what I say no sometimes. >> to clarify for the residents particularly the one that spoke about residential, or want to add older parcel b, to this more social approval . >> will do currently is no single-family home in this, the community council . I want to point out one thing which I think is in an enforceable. Is there condition as part of this approval that no parking is to be permitted in parcel b . It is vacant now. We don't want tat to be used for any . That is why conditions. >> I would move to approve with conditions. >> second . >>chair: moved and seconded, MISTER Clark. >>clerk: [Roll call vote] >> thank you, have a great day . >>chair: let's just go in order now. >> item d 20/20 200 89 , no protests, no waivers . >> it's a public hearing , I have no speakers . Public hearing is closed. Vice chair rodriguez. Okay. The applicant. >> james williams here representing the applicant. But the church as we just saw the commissioner for the district is not here. >>chair: before you do this I want to get a good feeling on this money you are going to decide this today because if you are not my inclination is to ask him to hold this presentation . I don't want you to waste your time on this if you're not going to decide this by the actions of te mission. Do you want to hear this item? I will entertain a motion to our seconded by cabrera I am sorry to inconvenience you , back on the 19 I will put you first those opposed show the deferral until OCTOBER 19 . >>county attorney: next item in word is 3b, 20/20 2001 73, no protesters, no papers . >>chair: public hearing on this item is open. We have five people sign up. Mary waters. Rose roberts and doug roberts. Doug listening only so you are good. You don't want to say anything? Public hearing is open, approached the microphone since you sign up. Names again of people who sign up for this item . [Reading names] Are any of you all here? Okay. What's your name ? Please give us your name and address and proceed . >>speaker: my name is mirabelle, southwest 100 street here with my husband. We are the owners and applicants on this item. As I feel strongly about this particular application because I know the need for schools. Is our divided school with this district is much as it has , is making it harder. This gives opportunity to area that is growing so much because of any for housing so there's not enough housing for schools so I ask that this be approved for this reason. We need schools for our children . >>chair: annie middlebrook. >>speaker: 216 northeast 23rd terrace, homestead . I am here in support of the charter school. I went to florida elementary as a child florida city population is over 32,000 . There are more houses being built but where are the schools ? We need schools for kids ages three through 12 so they can start in kindergarten and graduate school with help with traffic being that multiple kids at different ages go to one school so I'm asking you to prove this item . >>speaker: I like how you say my name. I have a bit of an accent . >>chair: you are really adolescents, all of you. Give me your address please and quiet down. >>speaker: mary waters, the southwest 209th street in redlands . Good morning everybody. This is , schools might be an issue but this reminds me of miami wilds . It might be a good idea but not in this location. Why anybody wants to take almost 10 acres out of agricultural land and put it into a 2000 k-12 students school is beyond me . That is an area that's still our rural area. There is farming are farm residents are in the area. 2 lanes in both directions. It's a four-way street. There was no capacity for what the county is ingesting that could be almost 400 additional vehicles . I'm not. >> sure that number is accurate considering 2000 students you're going to have a lot of those high school kids driving . The maintenance people, those that will be driving to the school and picking up younger children in kindergarten. there was no fire station anywhere near there and from what I'm understanding response time is well under the national standard of nine minutes . There is a fire station plan in that area . It has not yet had any development done that will be built in the next few years yet you're talking about putting 2000 people in that area. >>chair: thank you . >>speaker: did you get the email I sent last night ? It was more lengthy than I expected it to be . >>chair: you know when I say thank you your remarks are over rose roberts, doug roberts, tracy mullet. Come to the podium ad heather . All right. Give us your name and address, 2 minutes . >>speaker: 100 southwest furth street . That's just down the road from where the school wants to be but this is my husband done and we would like to give our time to gather because she has a lot to say. Can we give her our time ? >>chair: we don't yield time. Suffice to say you are against this . >>speaker: the traffic is a nightmare as it is. We do need schools that's not the area , the infrastructure is not good. A lot has to be done before anything can even be put there. The best thing for that is to keep it as a farm. It's doing well as a farm so let's leave well enough alone and let it be . And I will let doug speak some to . >>speaker: as far as the farming , that's where your progress comes from . The beans, tomatoes and slowly all that farmland is going away. It's going away to developers , it will go away to the school so where are we supposed to plant roots and festivals? We had a five acre grove ourselves and people need to eat . If the land isn't there to grow the vegetables , I don't know where we are going to get our food from . >>speaker: and it keeps the earth clean. With these trees horse cleaner . >>speaker: I lve at 34815 southwest to homestead. This school is being go directly behind our business. I want to make sure you deny a request number one so that there's no chance of building houses on that property if the school fails like eliminate the high school because there's going to be several hundred kids and it's a joke if they think anybody is going to walk to that school. There's no way you're going to be able to put several hundred kids and parking spaces and there isn't room for anymore so if you're going to do this you greatly set k-8 that would be much better. I traffic will be a huge problem because it is a farming community factors trailers going up and down the road you also several hundred homes in this area which means all these people have to head east to get to work and there's no way people will be able to make a left-hand turn into the school without all the traffic trying to get to us1. As it is now use it for five or six lights to get through most of the traffic lights and there are five. So I would like you to keep that in mind . >>chair: thank you. >>speaker: mullen, 34815 southwest o2 avenue. You just heard from my boss . Everybody knows who I am. Robert is here. With a customer base of probably 1 million people a year. Vehicles are turning right at that corridor and everybody who's traveling around as the thrill of taking their children up at all these schools and it's a very inefficient way we do it . We've got thousands of homes thankful to your committees here and there going to be built up to my property. At the border. And all these people are going to be here at the same time as the school which is being built way on too small of a piece of property. And the people living there are not going to be able to tell you right now, it's a mastic massive traffic problem that we are going to have when they do this school. There is no northern exit as far as the egress , there's only one way. You can go west which goes to everglades national park and you can go right which is to florida city. Traffic wise it's going to be a nightmare. Other schools have seen it got three or four avenues in the streets, but people line up and block but it's going to be a nightmare. Time is up. I forgot I was going to ask you to deny the request. Pretend you didn't hear that. >>speaker: my name is heather, southwest to 14th avenue, that's my father in law robert. If you visited this area we have millions of guests that come to our store. A large concern is the traffic flow. I've spoken to the attorney. There's only one entrance and exit coming on to a palm drive a lot of these other exits there's a problem with getting it flowing because it's a state road so that's something I would appreciate you guys looking into. The q is to have re-hundred 42 cars to drive through the property to keep people off palm drive, 672 students that does not alleviate palm drive. There was just a death on palm drive this sunday from a pothole. I have spoken to commission a commissioner but these are failing roads and those need to be looked at. There's a lot of site limitations which is a lie there's a lot of variances requested for this property. Business the owner and a mother, the fire station can't come soon enough as it's well beyond the implementation, there's 20 minutes to get emergency service so if you decide this is the best place for this cool what I respectfully request is that you would limit this to a k-8 school which would alleviate the additional cars parked. If you go around south dade you will see cars parked everywhere because they don't park in the parking lot. Permit other charter schools to do that but to keep the request one that the staff is recommending to not change the district from au1 to eum. If a certificate of use cannot be given I need to ensure that's what's going to happen and if any of you all want to come down and tour this area I would be happy to give you a ride around to see the changes because we need legislation set in place for the roadways to be four lanes. I think we need to be able to make it where the roads have to be upgraded just like the links to every 20 or 30 years. >>chair: how much time, I'm not going to say need. >>speaker: out work in 12 minutes . No dice . >>chair: through the commissioner. >> thank you to each and every person that drove down from exit 1 to be here this morning at 9 am. Secondly, your concerns were heard loud and clear. As a matter of fact I've already met with the administration to talk about some of these issues our houses that are needed and some of the other issues we heard today. I would like for both MISTER Hossein and those who came down in opposition to the project to meet one last time. There is a pathway based on what I've read in this package today to get you there but unfortunately I can't talk to you all about it but I think if we put great minds in a room I really believe you all can come to a resolution that we can vote on and move this project forward so with that said I'm going to make a request for deferral of this item. >> to clarify before we do this can we confirm the public hearing is closed other than the applicant making the presentation. >> it is closed . >>county attorney: the deferral request would that be to OCTOBER 19? >> let me defer that to the applicant along with those in opposition. Do you think the two of you can get together between now and the next meeting OCTOBER 19? >> we've already met to discuss this more and they've aways had a open line of communication. The only thing I wll say is that there's over 5200 wet residential units in this area so we anticipate having a robust conversation see if there's opportunity for us to find a happy medium . >> county attorney, what was that date again? >> OCTOBER 19 . >>commissioner mcghee: with that stated I would like to defer this until OCTOBER 19 . >>vice chair: all in favor say aye. all opposed. Commissioner cohen higgins. MISTER Attorney, we are now on item 3c . >> 3c, 0022, no protests, no waivers . >>vice chair: we will now open public hearing but there is no one signed up to speak. So will the applicant like to make a presentation. >> 1450 brickell avenue here on behalf of the applicant . >>vice chair: how much time is brief? >> I will be as brief as one minute . >>vice chair: one second . >>commissioner higgins: I am familiar with this project , I read one of their online pages . I will have questions but just if you would briefly describe the project that would be helpful. >>vice chair: for the record public hearing is now closed . >> property is on southwest eighth street and first avenue abutting the metrorail. The project is 1.15 net acres and 1.6 gross acres. We are proposing 803 residential units . We have an open space proposed that 45 percent, requirement is 15 percent. We do have parking that exceeds the required parking, 630 parking spaces but we do have proffered covenant and I would like to make a modification on the floor. Currently we have been proffering up contribution for improvements to transit stations as well as for miami-dade transit as necessary so we would like to proffer $1.5 million towards transit advancements. We think that would definitely improve ridership and serve the residents ,not only those that we have here on this site but as well as the surrounding neighborhood. And I can address the commissioners . >>commissioner higgins: we have three back-to-back items today in that rapid transit zone, this is the first time in a while we've heard anything like this and you've heard the changes that allow people that take and manage our rapid transit zoning to also proffer unity benefits to approve our transit system as they and residents close to transit, their property values are better . But those folks that live there and shop at the retail are also using our transit stations so in the coming months you will see projects coming forward with various community benefits because they closely underline and also some be interested, we all gave them a the things they can offer from workforce housing so this is the first and then we will have to more immediately after this. MISTER Navarro . Your two items on the next but to spare my colleagues the comments go very much in line with yours so please take a lesson so I don't have to say them three times. Thank you very much for the contribution to transit . As you well know in and your clients will know the brickell station is like all of our stations getting a little old and shabby and I believe it is in the best interest of the rest of the people in miami-dade county that the buildings taking advantage of our transit density paid for those improvements rather than the community at large. We should using transit dollars to expand transit. I have a question for staff . As one of the key districts between miami 21 zoning and our zoning is we are much more strict about making sure we manage uber and lyft drop-offs. Miami will end up letting that happen on the street and you end up with an entire lane of traffic . I'm assuming this question is to you. I realize were going to go through the process in more detail but you are comfortable with this basic design managing uber, lyft, food deliveries. This stuff is not going to take up a street. >> to follow in the footsteps I'll take the same comment for all three. Specifically that was added to the code.'s for uber, lyft to get off the road and this would be designed within the facility to provide those provisions for uber, lyft and loading . >>commissioner higgins: this is extremely important because my district is filled with tall buildings that are beautiful but the street, the way the streets were managed is a disaster and literally we are losing lane after lane of traffic to uber and lyft drop-offs so I expect your clients to think carefully about that. These sites, public right of way is very small on this so there's no real requirements on landscaping but I expect what little landscaping ends up being done on the side of these buildings to be excellent and as I always tell people when I am taller than the tree it is not a tree. So I expect and I will comment on you and your clients even after I am dead should the landscaping on this major sidewalk be crappy so and feel free to review the design with me. because I know what I like. And last but not least and this will apply to all three. So these three buildings are close to each other. And so they have from the department of transportation public works three separate memos around street operations, pedestrian safety, crosswalks, lighting. They affect night streets, first avenue and second avenue . In my opinion I think it's ridiculous to do three separate operational analysis cause that means we've got to pay for it three times and you will not end up with pedestrian management or traffic management nor. >> frankly transit management . I talked to the department of public works as well as to dennis and we think it is appropriate for these three applications for you to work together to share the cost of any operational studies and on a pro rata basis share the cost of these improvements . I realize it's weird to do that for that many applications at once but it will save everyone money . I think it saves everybody money. Okay, we will offer, I think we need to put a cndition on that and the other thing is in the parks memo, parks talk about some way finding that we MAY need some wayfinding on making sure people know how to find other things and I think that could also be done in a collective basis so this way we get a cohesive design for not and what needs to be done on first avenue and second avenue and then these three projects on a pro rata basis whatever the department thinks is appropriate can share the cost so I think it makes the neighborhood better and probably sees you all. Dennis, do you have thoughts on how we might add a little amendment? >> we can add as a condition to the approval, what one, we had proffered covenant so it can be conditioned . The first modification would be to submit a request . [Audio lost] And z 2022 which is the west pine brickell avenue to perform an analysis at southwest second avenue and southwest ninth street in the area of the application to identify appropriate intersection improvements, sidewalk improvements, wayfinding and other operational improvements necessary to address the collective transit bike and pedestrian impacts. And to share the cost of each. 's . >>commissioner higgins: thank you. Conditions I will move the item as amended . >> we have a motion and a second . So moved. >> seconded by commissioner regalado. >> thank you to commissioner higgins for her zealous way to get the district to take advantage of the rtc which in my opinion I'm still not convinced is the solution . So my first question would be to you nathan. As some point and it's not necessarily for this application can you at least give us an idea what's in the pipeline and what you have that is part of the rtc train . How many units first of all . >>commissioner bermudez: market rate be? >> the lowest $2000 a mnth. >>commissioner bermudez: as we move forward on this I would like to make sure we keep in mind that the whole purpose is for people to move to these places, because he's getting paid handsomely to make a representation for your clients . That doesn't mean that is what's going to occur . I will be because the job . And she takes the time