Miami-Dade BCC - Comprehensive Development Master Plan

>> test miami-dade . >> test miami-dade . >>chair: take your seats. MADAME Clerk, you can call the role. If we can walk the offices and pull in the commissioners who are here. >> clerk's office has received notice commissioners steinberg and gonzalez will be absent and commissioner garcia will be late. [Rollcall]... [Rollcall] We have six members present. We now have a quorum . >> please all rise. We don't have a quorum or we do? >> we do not have a quorum. >> sorry,. We do not have a quorum yet. >>... >>chair: now all rise for invocation and pledge of allegiance. Bow your heads. GOD our father thank you for this day thank you for the blessing to do your work for your people. Honor our thoughts and our intentions and empower us with good reason and thought. >> I pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation, under GOD, indivisible with liberty and justice for all. >>chair: not today. [Inaudible] I'm still tired . Still very tired . Not today. Okay. All right. MISTER Attorney. >> good morning MISTER Chair. >> MISTER Attorney , we will now start with cdmp. Anything you need to read into the record . >> there is one change to the agenda, the addition of 4a supplement number four and there are no changes. There is a request to withdraw item 4a which is what the supplement is related to so you once you set the agenda you MAY set that one up because they have requested a formal withdrawal so they can receive a partial refund. You can take that after the setting of the agenda . >>vice chair: do I have a motion to set the agenda? So moved. All in favor say aye. MISTER Attorney, is it in order to take item 3a. >>county attorney: or if you'd like to dispense with the withdrawal request. >>vice chair: so do we need an official moment for that? >>county attorney: this is 4a, pertaining to cycle application 2022 005 , directing the mayor or designee to act in accordance with the transmittal instructions included in this resolution related to application no. Cdmp20220005, generally located between S.W. 336 street and S.W. 344 street and between S.W. 197 avenue and S.W. 192 avenue; requesting state land planning agency to review application no. Cdmp20220005; reserving the right to take final action at a later date; and declaring intent to conduct one or more subsequent public hearings. There is also the companion ordinance which is 4a1, ordinance relating to miami-dade county comprehensive development master plan; providing disposition of application no. Cdmp20220005, generally located between S.W. 336 street and S.W. 344 street and between S.W. 197 avenue and S.W. 192 avenue, filed by lennar homes, llc. In the JANUARY 2022 cycle of applications to amend the countyc/b?B=s comprehensive development master plan; providing severability, exclusion from the code, and an effective date. Again, these have been requested for withdrawal but the applicant has a request to make up this board. >>vice chair: would the commissioner from the night district like to move motion on withdrawal? >> the poposal had something he wants to put on the record. >> thank you commissioner mcghee. Withdrawing the application, there's no longer a need to modify any of the covenant. the property will go forward consistent with all the requirements but your predecessors approved it back in 0 so that's good news. One request, your code does provide for 25 percent refund of the filing fee for this application based on a ridge of $76,000. If we, also have for your consideration a refund of the corner, 25 percent of that . >>commissioner mcghee: a quarter or 25 percent? Because I'll give you $.25 . >> a quarter of the entire application thank you jared for clarifying so I present we would respectfully request your consideration of that item. >>chair: if we have someone is trying to speak on this and withdraw... >>county attorney: you are not obligated to a urine. >>chair: do you want us to do now to get that money back season with the exception of the motion which would incorporate the request for refund. >> I'm move this item to be withdrawn subject to the return of 25 percent. >> second. >>chair: all those in figure signifies aim aye. Those opposed show them getting money back . >> there only getting five percent what else do we have in cdmp ? I have have to be in and out of here today. >> that depends on how many speakers you have for 3a. >>chair: lets you 3a . >> item 3 a ordinance relating to miami-dade county comprehensive development master plan; providing disposition of application no. Cdmp20230002, generally located on the southeast corner of sw 232 street and sw 132 avenue, filed by lennar homes, llc in the JANUARY 2023 cycle to amend the countyc/ comprehensive development master plan; providing severability, exclusion from the code, and an effective date and this has the resolution 25 two, requesting minutes to transmittal instructions related to the application on the southwest corner of southwest second street southwest 137 causing planning agency to declare and test to conduct one or more's public hearings. This is a small-scale application so you can take final action if you do 3a1 will be withdrawn. I have a conference application on your zoning agenda rings for cdmp will also be incorporated into the record of a hearing on is so we would request all seizures be sworn in this time so that it follows the rules for zoning you can incorporate the public hearing. can see final action on the zoning application in his order in the zoning application. >>chair: so everyone is going to give testimony today, stand up and be sworn in my all right clerk . >> stand and raise your right hand. Do you solemnly swear that you are about to get his truth, old truth and nothing but the truth ? Thank you, you MAY be seeing. Do we have any interpreters present ? Please raise your right hand. Do you swear or over you will make a true interpretation of the questions asked and testimony given? Thank you. >>chair: public hearing on this item. Public hearing is open and public hearing is closed. You are the presenter. Do you want to translate to class amanda, offices at 71 cal avenue. This is a straightforward application so we will be happy to take the lead and we do have a full presentation prepared. >>chair: commissioner, you are recognized. >> can attorneys please confirm a planning advisory council would agree to adopt this application? >> both the community council and planning advisory board recommended approval see a i don't need a presentation unless my colleagues would like a presentation. My only question is just what you were getting the bond you gave the option to either approve or take final action today. Recommendation of the administration, is it to transmit the final action? >> edition is to take final action today. >>commissioner cohen higgins: I move the item consistent with staff recommendations to take final action. Then moved by commissioner cohen higgins, second by commissioner bastien. Seeing none, callable. . [Roll call vote] Motion passes 10 to 0. >>chair: MISTER Attorney what else do we have? >>county attorney: you have one item left on your cdmp agenda, would you like to hear that one now? >>chair: let's go to zoning and bastien and we convene cdmp. >>chair: what is the item? >> the final cdmp item is item 4b, cycle application 2022 zero 16 wildlife fountain blue lakes requesting amendments to the master plan, requesting state land planning agency to review application euro 0216, reserving the right to take final action declaring intent to conduct one or more public earrings. This is on transmittal to the state I will read in companion organs for first reading a few transmit to the state by our rollcall vte and the first reading will be adopted. That is 4b1, ordinance relating to miami-dade county comprehensive development master plan; providing disposition of application no. Cdmp20220016, located between nw 87 avenue and nw 97 avenue and between sr-836 (Dolphin expressway) And west flagler street, filed by fontainbleau lakes, llc, in the OCTOBER 2022 cycle to amend the countyc/b?B=s comprehensive development master plan; providing severability, exclusion from the code, and an effective date. This is a public hearing. >>chair: I have names I am going to call out. Names) You line up on each side of the podium. Minutes. Vice CHAIRMAN Is recognized . >>vice chair: I wnt to make sure for the benefit of the residents, if this body moves as transmitted will they have an opportunity to speak again it comes to us or is this one public earring for the item? >>county attorney: there will be a second public hearing when it comes if that is the desire of this for. >>speaker: 10242 northwest seventh street miami florida. Thank you commissioners for hearing our concerns regarding this application. I want to stay first off I understand the pressure you have to increase housing inventory and I greatly appreciate the past resolutions from this board to support multimodal improvements such as the smart plan. Perspective ensuring multimodal options are implemented in harmony with the ongoing growth is essential and this is where my opposition for this application resides. Fountain blue lakes suggests it understands the opportunity to create residential land use that will support this transit infrastructure that makes no tangible effort to encourage its residents to walk or bike to the proposed station. Everything about this development is car centric. Fountainbleu needs to expand its network. The path included in the park is replacing an existing path with no new connections . This is a clear issue with this application and the potential solution which was brought up in the first community meeting this developer attended is for this developer to play a direct role in implementing safe non-motorized transportation on fountainbleu boulevard. Perhaps this will perform a feasibility analysis to determine what can be done. Taking this step to increase mobility options is a win for everything . It would be a win for the county in its pursuit for a vision zero. It would be a win for the families of fountainbleu and a win for the developer. Walkable, likable communities are some of the most sought after pieces of property in the country and they would be enjoying the benefits far into the future. >>mayor: I reside at 10280 northwest ninth street circle apartment 103 miami florida 33172. I come before you urging you to vote no on the fountainbleu lakes application to modify the existing cdmp for the following three reasons. The land use change from park to medium density remain means the remaining green spaces which fall under the application of the cdmp will be available for other applicants to request the same land use change . The change is not just for the proposed development, it is also opening the door to future developments and my beloved fountainbleu. The proposed development consists of 375 rental apartments with 12 and three bedrooms. This means every apartment will have anywhere from 1 to 6 cars. The entrance is on 86th avenue and the 800 block that already backs up during rush hour. the developer proposes to add another entrance through fountainbleu boulevard. This means tenants as well as adjacent developments will use the proposed fountainbleu boulevard exit to access other main roads such as 97th avenue, flagler street and the walmart shopping center. This as well as the proposed traffic light will add more traffic and turn this stretch of fountainbleu boulevard do I mean crossroad. The traffic on fountainbleu boulevard has increased throughout the years. The boulevard has two lanes with manicured grass and trees makes our community very charming. With more traffic caused by this development and future developments, recommendations would be made to add more lanes and increase the length of the lanes used for turning one by one the beautifully manicured trees will be made narrow to accommodate lines of traffic and perhaps be obliterated altogether. >>chair: thank you. >>speaker: please vote no, thank you. >>speaker: I also live in fountainbleu on the west side of 87th avenue on fountainbleu boulevard. We cherish our community , 8881 fountainbleu boulevard, 33172. We wish to express our strong opposition to the project and request a thorough review for seeking approval as we believe it MAY have a detrimental impact on the community. Congestion is a big issue as everyone has expressed. I'm not going to read this because I am for the shortage or accommodating the shortage of affordable housing. With the prices I just heard I don't think that would be affordable but also the safety of our residents. The traffic itself is already unbearable . It is very small proximity I wish you to drive therethrough for, 630 in the afternoon and you will see how long I will take you to get five or six blocks ahead anyways, I am we oppose to this construction not only taking into consideration our lakes that they're planning on building on top of it, taking away green area which is needed and makes pine lake what it is. >>chair: thank you. >>speaker: I live in 9340 fountainbleu boulevard. I am here representing my hok but this quote I'm going to read is my opinion. First we're talking about luxury rentals, not affordable housing. Second and there's massive opposition from the fountainbleu community. We handed over documents and signatures with names and addresses and emails about 1500 including hok's amounts to another 800 people against this so you do the account. We ask you to please re-examine the door carefully to deny this application. There is no mention in the traffic report about the extra cars that will be in a half a mile radius. That's a great concern. We don't want fountainbleu turning to manhattan gridlock. , that's another great concern. Even sinkholes are possible . Scorching hot summers without open spaces or greenery left to mitigate them. Lakes that drain destroyed cement and are gone forever. This will be the result. The public park exchange for approval is risky. Over-the-top and extended with a noisy amphitheater included. Poorly planned it brings outsiders to use it. Soil MAY take years to clean. Next to a high-voltage wire that produces magnetic fields which are unsafe for children. The county won't maintain the park because they told us we don't want it under those conditions . Please remove the amphitheater . We would rather keep the greenery. Please limit to the 98 units they have left from the application. >>chair: thank you . >>speaker: also the drainage report doesn't have... >>chair: thank you . >>speaker: I moved to fountain blue-black in 1985. Beautiful , full of green areas and beautiful. It's not the same today. You should pass by and see how it looks now it's a shame that the legacy of the pevious commissioners was the beginning of the distraction of fountainbleu. Please don't do the same. Don't continue destroying that area. It's a shame. Thank you for your time. >>chair: thank you . >>speaker: maria is my name. 9250 fountainbleu court. Oppose any additional reduction of the 50 percent open green areas in fountainbleu that were previously agreed upon by the developer. The rezoning would trigger a development terminal effect and in our neighborhood my microclimate would soon be very negatively impacted . I oppose the reduction of the tree filled boulevard median which has been suggested to mitigate the traffic increase caused by the proposed new rental units. I oppose the feeding of the lake where these units would be built because it would disturb even more of the water absorption in the area and destroy federally protected steep species habitat. I expect derm to carefully analyze very soon during this transmittal process the additional drainage study required from the applicant to determine the precise impact of storm water management and drainage in the area where I live and on my home. I also opposed the building of the entertainment park which would add to the current trafficking issues and it MAY not be feasible anyway because if as emphasized by garrett rowe at the planning board meeting on JULY 17 that land has been identified as contaminated. And it's remediation should occur before any entrance is done that was his words. Once read that it took the community 12 years to clean properly the soil . >>chair: you are recognized . >>speaker: 99th place. For 20 years we have been opposed to constructions and applications when it was issued and changing the cdmp from the golf courses. We were able to stop it with the help of the commissioner and were able to negotiate the developer to reduce that to less than half of the original 3900 units . Since then with the help of the commissioner we were able to impose the trailer park and were able to stop the negotiation of residential and serve our community . Today we are in favor of this application. The reason why is there is a problem with the traffic. Doral is bringing people to the community. Others want to evade the tool tolls. We have the issue of the school which causes problems. When we hear about this application we started this situation and the organization that I belong to mess with the school people and we analyzed it we were able to have a second entrance to the school would facilitate the to move that traffic out there . That's the reason we are supporting this mitigation. We met with them on many occasions and they agreed to help us solve the problems and they can solve the construction without problems. >>speaker: [Speaking spanish] ... Ithink it's better for me to expose the situation we are facing because people before me already did it. They made a clear presentation of the problem. We elected all of you to defend us and our interests and we trust you. We want to sensitize you to the problem that is going on. Development is good. But don't let it affect the great minority of citizens in my given place. With all due respect I differ now to the commissioner. Don't let it happen in doral. People in doral are complaining ... >>chair: will hold on one moment. Have to let him translate, you can't keep talking. To be able to hear. >>speaker: [Speaking spanish . >> they are very interested. >>speaker: [Speaking spanish] I'm not saying that it should be deferred. To be deferred until the situation of traffic there on rush hour is study. But what plans do you have to solve that problem before it gets worse. That's all I have to say. I trust you and I hope there is a just solution to everything that is happening. >>speaker: thank you CHAIRMAN And staff, suite 200. Commissioners, I'm here representing keep the blue green. You heard from our PRESIDENT About the background and all the accomplishments that this association has been able to accomplish over the past 20 years. What I want to highlight for you is basically what we've done wth respect to these applications. Year we've been at the table with the developer seeking solutions to many problems that plague the area number one being traffic and for these discussions we were able to many concessions from the developer. Improvements to 87 avenue fountainbleu boulevard as well as 97 avenue, 87 . And on top of that we continue discussions to see whether part of that green space can also be used as athletic facilities for the charter school that's there and those facilities would also be open to the entire community . We understand, we've been around for 20 years and we understand there is more civic engagement now in fountainbleu we've seen in 20 years ad we applaud it. Of this project. We respect any of the neighbors that MAY not be it has been our mission from the beginning to make sure it's thoughtful and deliberate development in the area. We also have additional neighbors here, members of the blue-green . For the sake of time are not here before you I would recognize them if they would want to stand up. And with that, commissioners we urge you to support the transmittal so we can continue the work and see what other improvements we can bring to the community. >>chair: you. >>speaker: mattie gomez , [Speaking spanish . >> I have lived in fountainbleu the past 20 years. My address is 602 northwest . 97th place, miami florida. Of course I am concerned about the construction of new housing which takes away green areas. My concern is that new housing means more people, more cars and more traffic congestion on our streets. Which is already unbearable. I'm also aware I cannot demand action over something I am not the owner of. I am not a taxpayer , the person in charge of maintenance for that plan. [Speaking spanish] I am thankful to all of you that if this project goes forward , agreements and commitments that are established for this community are respected and made . [Speaking spanish] Thank you for listening to me and I want to thank michael members from key blue-green who speak on matters of concern for our community. >>speaker: my name is carl mueller, 297 fountainbleu boulevard and these days as I walk along our peaceful fountainbleu lake and watch the sun reflected on the waters, listen to children and dogs play I wonder to myself given the problems of overdevelopment, taffic congestion and lack of green space in the county, why is it that a developer wants to build a 375 unit apartment complex in the middle of our link. The area is surrounded by the team already very high dense multi family apartments. Plopping the complex right there seems to me counterintuitive to the redirection this county should be going. I have 2 strong technical problems with the development. The first is the entrance proposed in documents provided by the developers is a narrow, 4 entrance on eighth street. It's already congested, already used by the 18 surrounding buildings. So you are having problems to the area . >> we commend the work of keep the blue-green for the past 40 years in our community but they are no longer an organization that represents the fountain blue community and commissioner , I want you to hear that. We expressed that opinion because we feel that that organization needs help. I'm not saying it is their fault but the community is ready to engage and take that view has to be enriched. We have knowledgeable people here against the project as presented. We understand you are under pressure to develop an increase density because we have housing crisis in our county but this project is in no way she or form helping us fix that reality . We are talking about luxury rental . If you want you can call doral views and ask what a 11 is going for and what they're offering for workforce housing is not acceptable . What is the intention of the miami-dade board of commissioners to push our county to our renters community ? We want more homeownership . We want roots in this country so we can have an engaged community concerned aout the problems we have . So we do ask you to please postpone, to reconsider and ask the developer to really engage with the community because what they've been doing with keep the blue-green is not community. >>chair: I called al the names on the list so public hearing is now closed. First to the vice chair. >> I would like to do a brief presentation because we had to many speakers but please keep it brief. >> good afternoon vice chair, my name is manuel garcia, here today representing fountainbleu lakes llc, a longtime owner of the former golf course joined by my client . And all of our professional sergeants . So much of what you've been discussing today are coming together at the end of the day. Workforce housing, traffic. On each of these issues my client is on the right side and has been on the right side for 20 years . This site has a long and successful history of development and community collaboration. Years ago my client acquired this course and worked with residents to come to an agreement on a level of development which was acceptable along with certain public elements for the benefit of all. Over the years this has held tangible results . There is a community development center thanks to this developer. Today we're taking another significant step to continue in collaboration with the community. This is hearing for transmittal at the naval neighbors will continue and as many of you were writing it hard to make everybody 100 percent of the audience happy. We have a significant number of neighbors satisfied, we reached out to 6000 members. The organization which has historically represented the neighborhood is of this project and now we are proposing the next step which the community organization continues to be supportive of. We have three units of much-needed housing, 4.12 percent of that will be workforce housing and there will be an 8.5 acre which will provide active playing fields , cultural spaces, areas for organized sports, something that community does not have now and will have as a result of this project and my plans will be paying for construction and maintaining it. The passive green spaces will remain passive green spaces in the covenant and whatever remaining green spaces will be managed by a qualified public entity. Traffic also we've heard the concern of traffic and staff is requiring this project , we've heard the neighbors and we are doing significant traffic improvements on all the major approaches to this property. We can go into more detail if you would like. Said our community is supportive and we will continue working with the other neighbors. As recently as last thursday we worked with them between the time of transmittal and adoption . That fits the needs of this community countywide as well as the city issues such as drainage, environmental contamination are being addressed and will be satisfactorily addressed when we come back to the board. With that said if there are any questions or comments. >>chair: MISTER Vice CHAIRMAN, what is your pleasure. >>vice chair: I want to thank all the residents that came out both in oposition and in support of this project and I had the pleasure of meeting with several residents opposing this project a couple of weeks ago and I think we had an open-minded conversation. And I do have a lot of concerns with this project, a lot of it I wish I could get into today but I had concerns from weather derm was satisfied with this application if the drainage system proposed is satisfactory to derm as well. The improvements being done that need to be done along 87th avenue. The park has been brought up as to who will pay for it and maintain it thereafter which is, that is the question I would like to get into a little bit today is if that covenant already exists today and if not I know that there's time to bring it but if we could add that covenant that the developer will pay for all the improvements and maintain it thereafter in perpetuity and what happens in the event that the developer moves out or closes down or whatnot, does that stick with that property or the building or whoever owns the building will continue to mean maintain. >> if there is a covenant that is accepted for this it will run with the land so whoever is ultimately responsible would be bound by that. >>vice chair: is that covenant in place today west and mark . >> part of the request is to modify that covenant and there is a proper and its staff has any there is a proper in the draft covenant about the neighborhood park which is and this is on mdc 196, bottom page of the sock supplement and active participants on the property with the concept plan that they have provided it shall be conveyed to the county in the simple. It is timing for when that conveyance would occur. And then it further provides there could be a special taxing district on property association funding mechanism created prior to issuance of the certificate of occupancy to fund that part. I don't know if you want to hear from te applicant but that is currently there and could be massaged by this board as it moves through the process . >>vice chair: definitely I'd like to move it with an amendment, I don't know if you have anything to add . >> that amendment is acceptable and my client would be responsible. >>vice chair: in perpetuity as long as he's the owner o the land. Again, I still have a lot of other concerns but that's a big one because apparently as parks have indicated that they have no desire to acquire that part even if it's paid for people by the developer but I think that's as part of my conversation with some of the opposers in opposition of this item I was very clear I said the best I can compare this to with what's before me today is a community process. And therefore I think that today in fact I know that today I feel comfortable approving this item because approving this iem today is not approving this project. It is only sending it to tallahassee and asking tallahassee to provide this body , our departments and all you residents with aditional information. And I think it would be behoove us to do this and it would be closed minded of me not to acquire more information and just reject an application at this moment . So again I'll vote today to everybody in the audience and all the speakers that came up and all my colleagues as well it's not a vote to approve this object whatsoever on my end my vote today is no indication of how I will vote if and when this project comes back to us that being DECEMBER or JANUARY, whenever this is so I come with important questions but we have time when this comes back with that MISTER Chair I move to transmit this item to tallahassee so we can have more information. >> second . >>chair: seconded by commissioner cohen higgins. >>county attorney: is that with staff recommendation and additional modification to the covenant that it would be owner's responsibility for the park. >>vice chair: modification to the covenant is a must for me. >>county attorney: and this requires seven votes for transmittal because the companion ordinance, it will be called in that order. >> having met with a lot of the residents myself I want to go the vice CHAIRMAN's comments that what we're doing today is getting more information from you all. You talked about the drainage but what this will allow is the state of florida to get that information so when this does come back we make an educated decision all the information so I want you to know that this does come back to us and we will have an opportunity again . >>clerk: [Roll call vote]... [Roll call vote] Motion passes 8 to zero. >>chair: show us adjourned. See you all tomorrow 5:00 sharp