Miami-Dade Zoning Board Agenda

like to entertain a deferral at this time. >>vice chair: SEPTEMBER 25, we will entertain it. Is there a commissioner from the, this is the ninth district, right? Seeing the commissioner from the ninth district is not here would someone like to make a motion to defer the item? Moved by commissioner bermudez seconded by commissioner higgins. Any discussion, seeing none say aye. Show the item deferred until SEPTEMBER 25 , congratulations. Any other order of business under cdmp? >> that concludes the cdmp meeting, you MAY adjourn that. >>vice chair: motion by commissioner bastien, let's go ahead and get started with zoning. Any statement you need to read or swear in any speakers? >> the zoning director will read the opening statement and it would be appropriate for any speakers to be sworn in. >>chair: >>vice chair: all of the above. >> good morning CHAIRMAN, commissioners, eric silva , I'll read the opening statement. In accordance with the code of miami-dade county all amendments have been legally advertised in the newspaper and properly posted. Additional copies are available in the chambers. Members called up to be heard by agenda item, please note board action on any item in today's meeting MAY be reconsidered and additional actions MAY be taken on such item and applicants MAY choose to comment accordingly. The record and file will include documents from the public, agencies, department of economic resources and where there is an appeal we also have the transfer from these hearings. All documents are physically present today available to all interested parties and available to the board of county commissioners, you MAY exempt these items from the hearing during the record. The parties have the right of cross-examination. Tis statement along with the fact that all witnesses have been sworn and shall be included I any transcript and in addition there is an official translator available for individuals requiring such assistance, clerk swear in the witnesses. >>vice chair: witnesses please stand up and be sworn in. >> all witnesses please stand and raise your right hand to be sworn. Do you solemnly swear that the testimony are about to give is the truth, the whole truth and nothing but the truth so help you GOD. You MAY be seated. Any interpreters present? Do you swear or affirm you will make a true interpretation of the questions asked and testimony given? Thank you. >>vice chair: do we have any deferrals? mr. CHAIRMAN We have one deferral. Ahead and read that. >>county attorney: item 1e. >>vice chair: this is a commissioner from the third district. You didn't request it but do you want to... >>county attorney: the request to defer is due to the cdmp amendment, they are traveling together. The item is ready for hearing . >>commissioner hardemon: we heard the application associated with this, I thought it was the structure. >>county attorney: this was also deferred last month, they are still working on the cdmp application. >>commissioner hardemon: so moved according to the department's request. >>vice chair: a motion, seconded by commissioner higgins, show this deferred. All right, let's take item 1a. This is district 9, the commissioner is not here. Deferral , since the commissioner is not here would somebody like to move to defer the item? He's not coming. Do you want to make a motion to defer until the next? >>commissioner higgins: I guess we have no choice. >>vice chair: moved by commissioner higgins, second by commissioner cabrera . >> is the deferral to the JULY meeting? >>vice chair: very next meeting . >> if there's any way to hear this we would have a positive recommendation, it's a small . >>vice chair: I hate to do this to you but without the district commissioner here I'd like to defer this, thank you for understanding. All in favor say aye. Show the item deferred. >> the date is JULY . >>vice chair: JULY 15. >> JULY 17 . >>vice chair: I stand corrected. Let's take item 1b, read anything you need to into the record. >>. >>county attorney: 1b , application z022000241 , we've had no protests and no waivers of support in this application . >>vice chair: we will open up public hearing, I have one person registered to speak, michael stern speaking in favor, two minutes. >> michael stern is my client and I will speak for him . >>vice chair: you're going to speak? >> ready for presentation. >>vice chair: how much time are you going to need? >> five minutes at most. >>vice chair: three is better. >> MR. CHAIRMAN I've reviewed this application in pretty rich detail but MISS, if you can keep your presentation pretty short I certainly have a few comments at the end but I'm interested in how the design of this building is going to manage all of the uber, lyft. We're going to have some folks parking cars but we're going to have a lot of on-demand traffic so I'm interested in making sure this structure does not take up a lane of traffic, that that is all being managed off-site if so if you could focus on that and make it as quick as possible and I will have comments at the end. >>vice chair: as a matter of procedure close, public hearing is now closed and you have three minutes. >> melissa tappan is on behalf of gds, for the record 200 s. Biscayne. >>vice chair: I'm so sorry to do this. >> I wanted to mention that we sent out a covenant with this record report but recently the applicant submitted a new covenant and changed the amount of contribution to transit from 450,000 to 1.5 million so she has a new covenant today. >>vice chair: is that what ws just placed on the desk? With little time to read but I understand it's a better news so all right, go ahead MISS . >> I'm waiting for the presentation to be put up . >>vice chair: the interruption came in handy. And she's not going over three minutes . They don't have the presentation, they are saying they don't have it. Time is clicking. Just go ahead and verbalize it . >> we can show the visuals the commissioner wanted. My apologies. >>vice chair: we do have our support, we have printed copies. >> we are proposing a project on the 10th st. >>vice chair: we do have our support, we have printed copies. >> we are proposing a project on the 10th st., brickell avenue at the corner. Our proposal for public benefits that was shared with you today is 1.5 million for the signalized nation of s. Miami avenue and 10th st. Along with other transit improvements including wayfinding, pedestrian friendly amenities up to the county's discretion as it relates to on site loading of passenger vehicles for uber, lyft, they are all on site. The question number one issue is in fact the fact that ted in their memo they are proposing a left turn lane as part of the right-of-way. We have a proposed plan that maintains the existing sidewalk and pedestrian features on the site which is what we would suggest to do as it relates to all the q it is on-site. There are 273 parking spaces which are obtained through elevators and there is a clear mobility plan within the document shared with you and as part of our general plan approval that we can view with the presentation which apparently we do not... There is. >>commissioner higgins: if you could skip to the cueing class this is a pedestrian collectivity along the site, the proposed public improvements at 1.5 million I mentioned and these , this is a left turn lane issue which is our civil plan number two that includes the left turn lane that ted required of us. We prefer to maintain , this is what it would look like. You can see the sidewalk is significantly reduced from what is today. It also doesn't have your typical landscape median barrier between the pedestrian experience and traffic of vehicles so what we're proposing is to maintain the larger pedestrian realm which includes that landscaping improvements and this is what it looks like when that pedestrian realm is prioritized with these prices etc. So that would be our preference. You can see it here in some renderings and this is our proposed project at 888 brickell and with that I think that is it . >>vice chair: your recognized. >>commissioner higgins: thank you MR. Chair. A couple of things MISS Tapanes, I had a discussion with both rer and dtpw because there are two memos in conflict, one on page 5 mentions the applicant should be making sure the sidewalks are wider since it is half a block from the metro mover station and it's a pedestrian friendly area and the traffic , the ted memo says we need to add dedicated left turn lne so I called the mission and said where is that going to be, there is no room for a third lane and they said there's room and I said does that mean the sidewalk and basically that was their plan. So the attorneys and the zoning director, I do not want the sidewalk cut so I want that engineering comment not required when they go to a spr. I would like to make sure the sidewalk which is the goal of the brickell and downtown to have as much room for people to be pedestrians and safely get to transit. That street works well and I realize we have some soft hard traffic engineers that really think they can solve traffic in brickell. They cannot. People that drive in brickell are going to be in traffic but what we can do in brickell is make it a better place to walk so please, I don't know what you guys have to do to get rid of that so I prefer the original plan on that. You agree apparently. Okay. In the conditions of the memo that came from zoning, there is no mention of the memo that came from francisco and the infrastructure planning division of dtpw which talks about pedestrian and look for ways of making micro mobility work. The reason I ask is that is a condition in the next item we're going to review. So it wasn't in this one. It just said that it had one, it didn't say anything about you know, francisco's memo, the one dated OCTOBER 5 you know, francisco's memo, the one dated OCTOBER 5, 2022. Do I need to add that as a condition or is that implied? It is specifically mentioned in the next application so I don't understand why it's not specifically mentioned in this one. >> we can add it to the text of the report and also all the memos are incorporated on the last play jeff to the signature page we list all the memos from the apartments and say subject to conditions in the memorandum . >> so it's just the two documents I'm getting from you on the same agenda in metro mover rtc are different so I would prefer that to be clarified and I think MISS Transit tapanes, these are the typical things you wouldn't think about anyway in a pedestrian oriented area. So those are my comments on this. So I'm happy to move this with those I guess two amendments and then I have one other comment to put on the record after that MR. Chair. >>vice chair: we have a motion by commissioner higgins, second by commissioner cohen higgins. If the attorney wants to clarify the two amendments I see the eagerness but commissioner, wendy want to say comments? >>commissioner higgins: I can say them afterwards because it's something that needs to be fixed. To clarify the motion? >> this would be a motion to approve per staff recommendation, staff conditions however with the modification of conditions and the site plan so the sidewalk would remain the same size and not be reduced based on the referenced turn lane and also with acceptance of the proffered covenants, did I capture the conditions? >>commissioner higgins: you MAY need to eliminate the condition on ted because the only thing in ted was the left turn lane so I leave that up to you as we negotiate that. Any discussion, seeing none all in favor signify by saying aye. Also we need a roll call, please call the role. >>commissioner higgins: I apologize, the attorney mentioned they are also requesting a 30 day condition with respect to submitting the final executed covenant. >>vice chair: does that work for you commissioner? >>commissioner higgins: it's the standard thing we never make standard. >>vice chair: you have 30 days, please call the role. >>clerk: [Roll call vote] Motion passes unanimously . >>vice chair: congratulations, commissioner you are recognized . >>commissioner higgins: obviously in this application there was a couple of problems. I passed a motion around , if you could read this and basically they hid the fact that they were cutting the sidewalk away. I had to literally look at the street, trying to figure it out. There was no guess what, we decided we're getting rid of sidewalks so this would change the process the memo would have to be much more explicit. The only thing missing is I want this in hot pink font when the memo comes so I don't ever have to seek it out on my own again, would you read the motion please. >> ip doesn't copy well as though. >>commissioner higgins: it does, we can vote on incorporated. >>chair: those ink cartridges cost a lot . >>commissioner higgins: you can put it in a box, you can do something, I just don't want to hit. I don't want to have to search for it ever again. >> commissioner higgins moves to set policy on the metro zone of the rtc such the administration shall not require or recommend the amount or size of any existing or planned sidewalks in the rtc in connection with zoning approvals except as provided herein. Notwithstanding in the event an applicant request or county administration requires a reduction in the sidewalk associated with a zoning such express shall be identified in the county staff report to the sport on the application along with a detailed justification for the deviation from this policy. In addition the unit administration shall identify any applicable requirements that MAY under certain circumstances lead to a reduction in the amount or size of sidewalk associated with developments in this area and place a report on the agenda of the full board without committee review pursuant to rule 5.0 6j of the committee rules. >>commissioner higgins: so ruth moved. >>vice chair: second by commissioner regalado and discussion. >>commissioner regalado: thank you commissioner higgins, when I read it it was well defined but I think it's a great point in general for the rtc. In the sub zone I think to have the policy and then to have the explicit description but I think generally for the rtz we should at minimum have the description. I would go for the policy because we are trying to entice folks to use public transit to live a life without cars and part of that is the pedestrian experience so I've had some of these issues like on the rtz so my only suggestion would be an amendment that at least the description of the existing sidewalk and any changes to that sidewalk also be provided to all items that are rtz items because that would help us moving forward. I know what your particular issue is in the sub zone but we would have the same one that would be my friendly amendment if you could include the rest of us in that. >>commissioner higgins: friendly amendment, so I just get rid of metro mover sub zone at rtz and say all smart zones ? >> you could say any rtz sub zone that this policy and the requirements and the motion would apply to that. >>commissioner regalado: amazing. >>commissioner higgins: I guess we will accept that moved as amended. >>vice chair: second by commissioner regalado. And all in, any discussion for this, seeing none all in favor signify by saying aye. Congratulations commissioner. >>commissioner higgins: one last comment. >>vice chair: you are recognized. >>commissioner higgins: I was pretty mad about these applications. >>vice chair: don't be mad, be glad. >>commissioner higgins: thank you for passing that oher motion so I don't have to be mad about my sidewalks being chopped up. One of the cdmp memos was two years old, if you're over two years old in downtown it's like the dead sea. So I will not ever allow a zoning application to go forward in the metro mover rapid transit zone where the dtpw memos are more than six months old so you guys get them updated, I'm happy to change county code and to all you land use attorneys you need to know if any memo is not updated within six months of the zoning hearing I will be deferring it until it's up there so you all tell me what to do next but that's it, I'm done, now we can move on . >>vice chair: I'm going to skip on and go to your next item so we can be done with you commissioner, not that we don't want to. Let's take item 1d and read your statement into the record . >> 1d, owner llc application 203-3000 >> 1d, owner llc application 203-300-0355. No protests, no waivers of support in this application >>vice chair: and the public hearing is open but I have no public seaker cards so pblic hearing is now closed and how much time do you need MR. Applicant? The commission would like . >>vice chair: commissioner from the fifth district you are recognized for questions and emotion. >>commissioner higgins: I received the updated covenant and I am peased to see there is workforce housing now included. I was thinking a little bit about it since I received it last night. I'd like if possible to go instead of to the hundred 40% of ami down to 120% as maximum and I think you all know we have a severe issue with public defender and state attorneys where their employees whether they are entry-level or five-year attorneys are leaving and not being able to be hired so if we could get down to 120 we are much more likely to help some of these folks and if we could covenant that these units, I think there's altogether 26 could be, we would create with ph cd would help with the compliance and make sure you fill those spots with folks from the public defenders and state attorney's office. I think it helps with that. I'm not sure if that is possible. >> we've got workforce housing commitments that came in last night. Public defender and state attorney right now , they're short about two attorneys each because they can't recruit anybody to come in because, and part of the reason is housing. They are also losing attorneys after they've been there five years, six years, seven years as the salary is not commensurate with the cost of housing here. So in meeting with the state attorney in the public defender, when possible because we can't always do this because if we have public funds we've got to make it be but in this case there is no public funds being used, we are able to say let's see if we can when these units are built try to help some of our public sector employees get in . >>chair: I get that and I get the covenant because I've talked to the state attorney about it. I don't understand by taking it down to 120 as opposed to 140 is the question because what if their salaries continue to not pace? Why when you leave it at 140 and just add the covenant? >>commissioner higgins: many employees at public defender and the state attorney would never qualify at 140. They don't make enough money to get into that range. When we're at 120 we are a lot closer to being able to have some of the attorneys that are midcareer. Just so you know a starting attorney they don't even make 100% so and obviously it's set by the state and the state has tried to help us so I wanted to see if we can help with that. >>vice chair: thank you for that, commissioner regalado you are recognized. . >>commissioner regalado: by the way this came up with the city of miami on the rtc so I think it's also beneficial in that sense in that we are also complying with some of their concerns in terms of the ami and who is applying for this particular, you know, area. So commissioner what I would say is commissioner cabrera and I worked on an item where we did right of first refusal and used eminent dat so the issue is the existence of a place where this could kind of live. Because when you go to the hundred 20 ami all of a sudden you're pretty far removed from market rate so you're going to have a tremendous amount of demand. And in order to fit this population, you have to create some sort of vehicle for right of first refusal which is legal. We can do that because it's not a direct allocation. We're just saying these folks will get to apply first and if that pool of humans does not meet that criteria then it goes to the second pool of humans so that's what we have found legally gives you the ability to do that so it would just be the developer agreeing to contact those two offices for a set period of time for those applicants , those applications and cut it off and move on because we don't want you to sit on the units. At 120 ami, you're not going to sit on the units so the question is like that process and then leaving it up to those offices to respond in a timely manner . >>commissioner higgins: if I am a MR. Chair, on the previous two metro mover rtz's, ph cd deals with the compliance so we would be consistent , this way all the metro mover rtz can have the same process where phcd manages the compliance of that . >>commissioner regalado: the only thing I would say since long-term, that right of first refusal for state attorneys for for the future any other public employees so you kind of leave it open in case those salaries change or that demand changes there's an opportunity or other public government employee. >>chair: I'm going to recognize commissioner from the 12th district but I do have questions or the end, I'm just still confused with why not leave it up with 40, maybe I'm not understanding it. I think it helps them. So maybe I'm just not understanding. >> I thought it was up to 140 so anybody making up to that amount could qualify for the housing. Not that amount so if you go up to 140 that's someone making up to 111,002 qualify, if you reduce it to 95 that means one only making up to 95,000 so if you would give the people the opportunity , you would be giving them more opportunity to qualify for the housing but they make more. >>commissioner egalado: that is the rent. >>vice chair: MR. Having your own, you have two seconds to clarify and I want my colleagues to continue . >> 1450 brickell ave., thank you for recognizing me. So the revised covenant as the chair mentioned does have with you in it the range, the typical range that falls in workforce housing which is 60 to 140%. What we are amenable to working, we're amenable to prioritization as commissioner regalado said to right of first refusal for public defender's office or state attorney's office. What would like us to build that flexibility so as commissioner gilbert said, what we want to do is make sure we have the flexibility to be able to fill these units which I am confident we will. But be able to do so in a manner that doesn't preclude others within even those offices from being able to apply. So we are amenable to you know, a restriction that provides for right of first refusal as long as the second round goes up to 140% so we are able to if we can't fill it go to the hundred 40% . >>vice chair: you made your point that you did not clarify my question but that's okay, commissioner from the 12th district you are recognized followed by the tird district and back to the seven . >>commissioner bermudez: how many would be at this 120, is it 26? >> 26. >>commissioner bermudez: while I understand having it at 140 giving you that flexibility, historically if you can't fill them then it would go to 140, correct? But the intent as I understand it is to try to fit within the let's call it the range that either the starting attorneys for some of the staff would be making so I understand , no offense to you but the tendency would be to try to get as much as possible so it would mean that probably those that were at 120 somehow would probably have... History would show 120 would probably get more so I understand that commissioner higgins is trying to do . >>commissioner higgins: if I MAY, two bedroom apartment at 140 % of ami would rent for $3600 a month. At 120% it would rent for about $3100 a month. So you really are going to lock out some of these public sector employees by going to 140. We have another option as we can require that half of them are rented at 100% and below and half of the 26 can go up to 140 and at a minimum 32 of these units would be available for public sector employees part 140% of ami there are not many people at the state attorney's office that whatever qualify . >>vice chair: I understand what you're trying to do now, it's all clicking but I guess there has to be a period of time. You can units can't sit vacant, you are recognized. . >>commissioner hardemon: part of the problem is in the private sector if you make it up to 140 there going to take the 140 so imagine 10 applications, you get 10 applications, five open so seven of them are for or even the majority of them are at a higher amount and they will accept the higher amounts, they fit the bill but accept the higher one so at least their bottom line so you have to understand they're in the business of making money. They will choose that, if you make it up to 120 then I understand what you're saying that more people who MAY apply if it's above 120 but now you're limited to that of 120 so those people who are above what they would necessarily apply, the people below will be selected. Understand it's the same thing, you make it up to 120 those at 100 that aren't making it because you can get more money for those at 120% so that's typically how it goes. Then our public defect defenders ad prosecutors many of these people make less than teachers. You hear people talk about the teachers and salaries the teachers have within our state but we've seen a great effort from the state and other individuals to make their salaries more commensurate with the cost of living. That doesn't really happen in the public defenders and prosecutors offices so when I was there during my time we never saw one dollar , it was just what it was, we were poorly paid. In fact when we were certified legal interns which is the status just before you get you in the notice you past the bar working in the courthouse I don't know, I don't remember. It was about the same thing, probably the same for those of you who served. So I can understand, typically I have up to 140% but I'm doing this in certain neighborhoods where we raise the level of income so you're talking the frontage of liberty city and overtown and things of that nature. They're making decent money there already what she's trying to do is bring more lower income into the area to create a better mix to give people better opportunities to live and that's why I support it at 120 because I think that makes sense. Right of first refusal is always a great thing and that gives you an opportunity to keep it from your office and I guarantee whatever part of it they build that looks like this, they won't have any problems for those units for people who want to be there. >>chair: commissioner hardemon, maybe this question is to you and maybe it's too commissioner higgins, don't you solve that problem kind of when you actually, you're not just doing 120/40, overall general public, you're doing 120 over kind of when you actually, you're not just doing 120/40, overall general public, you're doing 120/140 and yu're doing it within a subgroup of people so if you're giving peference to state attorneys and public defenders, the preference, you could make the preference applied to them. If they make it up to 140 there is still eligible but for everybody else it could still be 120 so if the goal is to allow as many prosecutors, I was a prosecutor to so you could still make that preference for them if those are the groups you are trying to encourage. I think this conversation will be a lot to do about nothing. So I guess I could be okay with 120 but I don't see how that works, you are recognized . >> I think it's a valid point but I do have a question for the attorneys. If the ami is set at 140, is that rent different for anybody whether there at 100 or 120 then if the ami is set at 120, is there a difference in the rent paid whether somebody makes $60,000 or $100,000 a year? >> I would want to defer to staff, I don't know if it would be our zoning director or phc . >> rents would be as commissioner higgins mentioned, there are limits if you're making 120% lmit would be around 3100 . The limit for 140 would be $3600. >> if the limit is at $3600 somebody that is making 60,000 a year if they , they will qualify and they would have to pay $3600 . If the ami is set up 120 somebody that's making $60,000 a year now has to pay $2700? >> regardless of how much you're making if I'm making 80% of ami the rent limit tey can charge is $3100 . >>commissioner gonzalez: no matter who they rent to? >>commissioner higgins: do we have any room for phcd? I don't think so. Our affordable housing rents work is depending on your income level you are required to spend 30% of your income on rent so 60%, 80% of ami that's the lower end of our workforce. Rent at 60% of ami, I don't have the exact numbers but perhaps that would be $1200 a month. A person making 80%, there is might be $1800 but the person making 100%, their rent and the $2000 so the rent fluctuates because it's supposed to be 30% of what you earn. When we give the private sector , our buildings are very different. You see when we go to financing and you'll see it every time I go to financial close, and a 20% of the units are for 30% ami and below and another 15 or 15% and below and the others are up to 80%, those rents the very low income people some of them might be paying $400 a month for very low income. But so when we close on our projects we can specify that range. Private sector so when we say to them anything is workforce under 140%, they advertise in open applications and anybody who makes up to 140% can apply. There's no constraints on the prioritization process so if you are in the business of making money, you would pick the people with the highest income so you could charge the highest rents and the folks that are making that 80% of ami, the $60,000, those applications aren't going to get reviewed. If by moving this to 120% we are much more likely to get the folks that are making 75,000, 85,000, $90,000 approved versus the people making 120,000 or two income families much more than that. So the does matter. Because even at 120 I'm not pollyanna over here, they're going to fill most of those units with the people that meet that 120, they're not going to fill them with the people that make 80 and the starting salary for state attorneys and public defendants, they are not at 100%, they are below 100% state attorneys and public defenders, thank you. So I'm not pollyanna that were going to be with this project solving the entry-level issue but we haven't such incredible attrition of those attorneys who been there five years, six years, eight years who are moving into that 101 20. We MAY be able to at least with this private sector project plug the drain on the attrition drain on the experienced attorneys and then were going to have to use our own projects where we have more constraints and more ability to control how do we deal with the 80 and 100% so that's the reason I think 120 is important in this case and I do believe which you agreed to 120. Okay. And. >> you could have pushed back but you didn't. From the seventh district. >> p hcd will manage the compliance so to the attorneys you'll make sure area I've done this before and I can tell you those units will be rented in four hours. >> commissioner from the seventh district by commissioner from the second . >> I want to commissioner higgins, the only thing I would add to this and at some point we had these conversations like piecemeal. But we know that our price point issue is between 850 and 2000. We know to commissioner higgins point those are the units that have been eliminated by the increase. And you know, as young attorneys that have been practicing for several years, the fact that you went to law school, you owe a debt, you work hard and you have to have a roommate to live somewhere is difficult and it makes you want to consider going into the private sector because you're tired of being poor. And those are the conversations that you have with attorneys in these jobs but the only other thing I would add is important for everyone to consider as we look at ami and market rate is market rate and ami are not equal all over the county. There are some districts where ami is below market rate, it's my district, steinberg's district, there is districts where the market rate is very high and that's why these things , I'm going to go like pancakes. There are also areas where people are happy to pay that amount because they get to live work play and they get to live in these areas. That are very hot specifically for that age group at some point we have to talk about ami and workforce in other parts of the county because sometimes that is flipped and we don't talk about that a lot here. But sometimes those numbers don't make a lot of sense. And the ami is higher than the market rate so it's something to consider, not in this case but something to consider because this isn't a one size fits all had these neighborhoods change and as the market rate changes. And as the unit size changes and kind of the audience that you're providing that unit four. >> I just have one other question. Obviously our priorities also make sure we're managing flow, la and all the traffic stuff off the streets and our streets are skinny. I do like the way you have done that, I just want to confirm that you believe there's enough lanes to manage not just getting folks into the parking garage but also valet and deliveries. >>vice chair: that's a requirement. >>commissioner higgins: that's a requirement but not everybody does it very well . >> we have a dedicated area that has multiple spaces for that and then as well there are four spaces immediately abutting our property on a street that are available as well. All of the lift drop off and valet are able to be managed with their design? >> that's correct. They MAY also want to mention the width of the passageway that could accommodate more cars. >> the actual drive lane goes from 7 to 8 street and it is designed in a manner that allows for an additional drive lane if ncessary to accommodate the sector pass through. >> and then one last comment from me for one last question from me. These are, the problem is pedestrians, in this case our colleagues from dtpw along with the developer made excellent recommendations on pedestrian improvements needed and will be needed. They happen to be on seventh and eighth streets which are roles controlled by dot and my understanding is they turn those ideas down so I told the department that i would take that up with the secretary and see if we can't make sure that the folks that live in this building feel safe crossing the streets so I'll work with dot on that. So I will move this accepting the covenant but the whatever, conditions that aren't ordinary but also moving to the hundred 20% with p hcd providing the compliance on those rental units . >>vice chair: we have a motion, have a second. We have a second by commissioner gonzales. Without further ado I'm needing to recognize the second district commissioner . >>commissioner bastien: I needed to make a quick comment, I'd like to thank commissioner higgins for putting your foot down on the sidewalks because we need to create safe spaces for families to emulate and without the risk of being on the cars, number two thank you for agreeing to do 120% because I will not only open saces for public defenders and lawyers and others but also police officers, teachers. I don't know if you are aware we're having a big crisis finding teachers for our school. Our schools are facing closure because we cannot find teachers and the reason we can't find them or retain them is because of the housing crisis so this is a conversation we need to continue to work on because we truly these days if you are a ceo and I am one I have positions open for months and months. You cannot find folks because they cannot afford housing though I think today's decision is a good decision to keep it at 120 but I think we as policymakers need to keep this conversation going and think very hard how we're going to do this. The main problem is salaries remain stagnant while the cost of living continues to increase. That's the main question. Tat's what we need to address so until we find a solution for that we will continue to be in this crisis. >>vice chair: what's the right ami for commissioner salaries, is it 5%? Higgins: you qualify for low income housing. >>vice chair: please call the role. You've got to get tallahassee. >> MR. Chair. >>vice chair: go ahead, read all the stuff . >> I wanted to clarify the motion to approve per saff recommendations and staff conditions with acceptance of the proper covenant with certain changes to the covenant as discussed to revise the limit to 120, from 142 120% and also to add the prioritization or right of first refusal for employees of the public defenders office to be managed through p hcd, just wanted to confirm that I have that correct and with the 30 day condition on the covenant I would recommend because these are changes to the covenant that the board MAY want to ask the applicant if the 30 day condition is enough time. >>vice chair: it's in their interest. Mdm. Clerk, we still have to live in our districts and we set aside 13 units for commissioners. Mdm. Clerk please call the role. >>clerk: [Roll call] Motion passes unanimously. >> congratulations, MR. Attorney let's take up item 1c, go-ahead director and read your statement into the record. >> item 1c, 296 legacy llc application the 2023 the 202-300-0037 , we had seven protests, and two waivers of support. >> were going to open public hearing and start with the public first. I got three registered speakers. Please line up, luciana , antonio and efrain nunez. Please say your name and address for the records. You have 2 minutes. If you need a interpreter or . >> I live at 2300 court, members of this board one of the most beautiful areas of our county, areas like coral gables, palmetto bay, south miami, west miami are beautiful because they are lush and green . Have beautiful parks, safe places to walk, green walkways. They have been lovingly planted. So what are we doing to the runways. It's kind of like it's creation time. This applicants request is inconsistent with the objective of the cgmp. Policy lu 4c and i know you for these but I think it's important to reiterate them. Tis policy states that residential neighborhoods shall be protected from intrusion by users that would disrupt or degrade the health safety tranquility character and overall welfare of the neighborhood by creating such impacts as excessive density, noise, light, player, vibration dust or traffic. These policies were written to be a here to adhere to and for a reason to read linda's being stripped of its beautiful canopy replaced with concrete, the great majority of our area does not have sidewalks and swales, the great majority does not. It was not planned for high density and the new developers have no care to help create except within their own community. They just want to cram in as much density as they can continually arguing people who walked to the busway. Please understand there are no sidewalks. For the majority of the community that go from these developments to the busway. The sun bears down on the road. Usually mostly if you do have a sidewalk it's a sidewalk if there is one but for the most part you have to walk on the road which is hot, no canopy. I don't know how this is going to happen or the increasing amount of development why does the rental and have to endure this quality of life is plummeting and I ask that you object at minimum of deferral so that we can talk to it please. >> MR. Ernesto. >> thank you for the opportunity, ernesto I reside at 276 10 southwest 1 63rd court. Back in MAY when this application was deferred, I was there with a bunch of neighbors. This time around the developer did not or the applicant did not reach out ad I'm pretty sure guys are familiar with our group called the concerned citizens of south dade and we are here as well as myself. The meeting that they did back this monday was done outside of our neighborhood. It was done actually in the villages of homestead which is in a complete different area away fom our area. The signs that were put there, they said there were two neighbors that live on 2 94th st. That made it to the meeting, we were not aware of the meeting. It was just a sign put by the side of the road. They're offering no off street parking on this development as well so that's a problem because even the developments that offer, for instance amber trail on 272 street, even having off street parking it is an issue because there is not enough space. In these buildings that they're offering to this area closer to downtown they're offering wider roads that the cars can drive on the sde. How come we're not offering that. They're offering uber and lyft and we've been discriminated because we're in the south, how come these buildings offer that? I would love to see our area, I would love to see people that care for our area. It is actually a glimmer o green down south and nobody seems to care for it so we are being bombarded with rental units, how about giving the people the opportunity for the american dream? How about making buildings people can purchase rather than being rentals. Thank you for your time. >> if I can pass these letters out, again, efrain nunez with the concerned citizens south dade, I reside at 1606 sw. 27th st. Again, efrain nunez with the concerned citizens south dade, I reside at 1606 sw. 27th st., homestead, fl. I'm not going to repeat some of the elements and goals and objectives of the comprehensive plan but I want to highlight that in our letter we specifically stated a series of bullet points that we have concerns in regards to this project. Beside the applicant never having reached out to the neighborhood group and of course holding a meeting in another jurisdiction where the immediate neighborhood was never informed of nor notices ever provided for any community outreach done. This neighborhood group has worked with multiple other developers in the area and we've always posted our meetings at southgate park where it was heavily intended by the neighborhood but I want to highlight on page 5 of the staff analysis it says the smart plan, projects must demonstrate the proposed single use does not correctly or would not exceed 70% of the total building area within a quarter-mile of the property. Staff notes 89.33% of the building area within a quarter-mile of the property is already residential. The applicant seeks to build 751 dwelling units with a combined square footage of 877,729 ft.B2 with less than 1% of retail use, less then, approximately 7500 ft.B2 less than 1% of the total square footage being built is going to be for a different ue. There is zero on street parking being proposed. We talked about sidewalk width. Our project proposes to build 751 dwelling units, 751c people pr unit is us 2253 residents on this site with a 6 foot wide sidewalk. We've all been to wynnewood, you can't even walk on the sidewalk. We are creating the same exact conditions in this particular neighborhood. >> just a point of clarification because it's been brought up twice and I understand we appreciate when applicants developers etc. Go out of their way to kind of notice extra but where with the proper notice is given for process like this ? Because two of the speakers have now said there was not notice and I hope that's not the case. I want to clarify that on the record at least that legal required notices were not required. The applicant, how much time are you going to need? >> as much time as you want . >> that's all the public speakers so I will close public hearing at this time. If it's as much time as we want I would defer to the district commissioner and you have the floor. Presentation under five minutes . >> 150 w. Flagler, I represent 296 legacy, we are the ownership group is with me as well as the architect and a couple of things your point. There was notice provided but we had signs on the property next to the size of the public hearing so the sign was there and a sign of our community meeting organized by dewey who is familiar with the area. Two people showed up at the community meeting and it was positive. The two that showed up are the three most affected because they live on southwest 294th. We explained the project, explain the variances we are requesting that would create buffers that would mitigate any adverse effects on this development onto those single-family homes and they were okay with it. I'm not sure by the folks that showed up today were not at the meeting but in any event I tried to them, I'm here to explain our project and with that I will go on with my presentation. This property consists of 13.29 acres located adjacent to the smart plan corridor. It's actually across the street from one of the stations that's already built. And you can see it here on the slide. It has four different categories, agricultural, ru-1 and bu-1a. We are requesting a rezoning to mixed-use development and also requesting which is actually mixed-use corporate or district. And we're requesting three variances in order to mitigate any effects of the development with the adjacent neighborhood . We've been in and many have spoken staff on the locations to try to come up with a project that is going to be not only is it affordable housing at 60% ami, that's the average, average of 60% ami, you had all this discussion about 120, 140 . We're providing a 60% ami, 100% and that's 751 units at an average. So what we did in order because we're looking at the neighborhood and we understood from other projects with what the concerns were so we've asked and we've come to a lot of meetings with staff, we asked for a setback of 68 feet from 294th st. And there's also another setback of 62 feet and those are the setbacks adjacent to the residential homes. We're asking our parking and the setback mandated is 15 feet . We also requested that we had parking on that section of the property in order to again provide a greater buffer to those homes. So those are the things we are providing to mitigate along with landscaping around the area so I say both slides, I want to show you we are compatible with the comprehensive plan. So we've met all those goals of the comprehensive plan. In particular the fact that this is part of the smart plan corridor that provides this and one of the things of the smart plan corridor or wanted to do, you want to adopt that was to create density next to this area. And that's what we are providing. So here's a little sort of slide on the smart plan corridor , what percent, you wanted to support transit oriented projects, this checks the box. You wanted to promote use of public transit infrastructure, we're across the street from the station and support development along these future roadways. So here I'm showing you that the north western point of this property we are less than a quarter mile away from the transit station. So here is this is just a site plan that shows the number of buildings that are going to go on this site. This is being developed in 2 phases. It's a maximum of 751 units. Phase 1 which is it's the first phase adjacent to the court in order is going to have 411 affordable housing units as I said before 60% ami . >>vice chair: you have a little extra time . >> phase 2 consists of 60% ru-1 ami but this is one of the projects my client has developed. i'm showing you what it looks like adjacent to a single-family residential neighborhood. This has been a successful project, it's also an affordable housing project that 60% ami, completely rented out with a huge waiting list of people getting into the project. So this is another project similar, another project adjacent to similar single-family use. Just bought you an elevation of the building, this is the tallest building so I want to go back if I can go back. Hold on. Are closest to 194th and 196th are four stories, then we face up to four stories next to single family residential, we face five stories and next to s. Dixie hwy. We face up to six stories . >> you need to start wrapping it up. >> here's something I wanted to make sure you all understood. We did a sightlines study to show what the impacts are to the single family homes and yu see they cannot see the buildings so we can see them from the top floor of the project. We have proffered a covenant and this is important so are going to keep it at 750 units, has to be affordable and we agreed we're not going to use live local. If you use live local we could have got more units, were going to keep it affordable for 30 years. We did on the neighborhood outreach I explained we did do neighborhood outreach. We had two folks show up, there was signage on the property next to the sign hearing. And we've received approval from staff from all the reviews and all our recommendation from planning staff and we also received two letters of support from our senator and congress supporting this project because it affordable housing. I want to end with this one slide. You just spoke about it, there's a huge need for not just workforce but affordable. And there's this is exactly where you want it. Next to our transit corridor and we're bringing in 751 units at 60% and I think that's extremely important . There is not going to be, this project once built will be fully rented within , thank you very much . >>vice chair: commissioner from the eighth district . >>commissioner cohen higgins: can you put back the slide to slide backward where you have the different departments? The one with the department. So I'm glad you have this slide and that you illuminated it for us here with the board because I think maybe a seventh one down it says police. And there's a green check. Which I guess communicates to the board that our police department reviewed the proposed development and had a recommendation of I guess a green light. Accept in our paperwork on page 35 it says here print data of police staffing and population was examined to project any increase in calls for service. Current staffing would not accommodate the anticipated increase in the volume of calls for service. Two conservative maintain current lease levels staff levels would need to be increased minimally by two officers at an estimated cost of 211 $589. We don't have enough police officers to accommodate the development and so when I get a review like that , it causes me great concern because once you populate this project and have your 741 units occupied, those are families, residents and students, police officers, teachers and they need to call 911 and we can't service those calls, that gives me great pause. It also gives me great pause that the memo attached to the application from our police department is signed by director freddie ramirez. The date of the memorandum is eight point freddie ramirez. The date of the memorandum is 8.1020 23, it is now JUNE 2024. I am concerned the memo is outdated and will likely take even more officers to be able to staff the proposed development because we had quite a bit of development in the area since APRIL 2023. So similar to the point that was raised by my colleague commissioner higgins ended the point I agree with when we have these huge applications and these huge proposed developments and memorandums that are supposed to guide our decision-making process but the memos are outdated, it gives us pause. It's not your fault, it's the applicant to our county staff and county attorneys, why do we have applications before us and I understand this application was different twice and to be clear and clarify this if I'm wrong, this was deferred twice by request of the applicant or by request of this board to the attorneys. >> you are recognized . >> I would defer to the director on that. >> is as requested by the applicant. >> applicant requested a deferral twice, it came before us in APRIL 2024 but that's still a year after the police memo was drafted. I don't feel comfortable approving an application and I do not understand why your slide represents to this board that we have a green light from our police department and quite frankly I don't understand how we have a recommendation of approval when we have our police department saying we don't have sufficient staff to answer calls at this location. What do we do in a situation like that to the attorneys? Not necessarily what do we do but I'm not accustomed to seeing memos from our police department saying we don't have enough officers? That is not something that we see very often at this party. how do we have a recommendation coming from the administration saying we approved this project , yet from a public safety perspective we don't have enough officers. To search the area . >>vice chair: your recognized for a ongoing conversation with the commissioner. >> that memorandum from police would be something that this board could consider. It's application and at the moment the board feels appropriate. >> I understand, I think for someone who cares very much about public safety and has it as a priority at all times for all the residents I don't understand how I can approve this recommendation quite frankly, I just don't. I wouldn't feel comfortable. I like it, I understand the need, there's no question. We need an updated memo from our police department and that's one issue that I have. When we look at the department of transportation and public works and their memo there are a number of recommendations that I think our recommendations coming from our department of transportation but need to be much more than recommendations, they need to be actually implemented by you but before we even get to the issue raised by the department of transportation and public works I'm very concerned about the public safety issue here. So I would like an updated memo from our police department. So if that is appropriate from a deferral perspective I'm seeing heads being nodded as yes area I also on page, on page 29 is the recommendations coming from the department of transportation and public works. I would like to you the applicant and to our department of transportation public works , and again to my colleague from the fifth district a lot of the recommendations are regarding sidewalks and pedestrian access and bicycle access. Those should not be just recommendations, this is directly out of the transit way of running bus rapid transit. We have to, there are let's see, it's number one through 11 on pages 29 and 30 of the package. Instead of the applicant should consider installing traffic calling techniques and this sort of language , instead of the applicant showing options to incorporate bicycle accessibility. That all should be mandates as far as I'm concerned. If our department has all of these indications to you but the language is kind of soft , I would like it beefed up as mandated so with those things in mind this needs to be deferred and depending on what we receive in the updated package, I will evaluate it . >> MAY I have a chance to respond if that's okay. I wanted to make a cuple things clear. >>vice chair: here's what I would say. There is a motion to defer by the district commissioner. I think prior 2 deferrals count against them because it wasn't... >> that's why I want to address. >>vice chair: give me a second. There's been 2 prior deferrals, does it count against them and how many can you have, three? >> you MAY be referring to a rule . >>vice chair: how many times can they come to this board so then that's the answer then. >> I'm going to paul the rule just so I can read the exact text but that ruled out three deferrals does not apply to zoning . >>vice chair: here's what I'd say. Obviously we have a motion to defer. My suggestion is this is exactly the type of project that this county is asking for. The 60% ami and it's exactly what we need. That said we're not here to give advice but I would say work with the community a little bit better. Units in the middle of the redlands. You need to go more than just sign next to our zoning sign. You need to do better by the neighborhood, by the neighbors. We do have a motion to defer. There is a discussion, your recognized commissioner from the fifth district. >>commissioner higgins: this is the theme of outdated memos so I'm looking forward to the updated memo. Exactly as the CHAIRMAN And vice CHAIRMAN Mentioned , making sure we make units available that are affordable, making sure making sure it's next to transit because affordable housing near reliable transit is more affordable because you MAY not need and don't need the expenses of the car I do want to agree with you on this memo, they MAY want to consider and might want to consider and maybe they should dream about, I do not understand why we write this way. And it's not just in your memos, it's in everybody's memo so I think between now and the next zoning hearing, who needs to convene a meeting on how to write memos? But the departments need to tell the applicants what's required and they can't use the word might want to consider , MAY want to consider and certainly never should the word MAY want to consider with pedestrian safety be used anywhere near transit where we are expecting people to walk to a transit station which is already bilt. It looks dutiful , 2 96th st. It's marching on nicely. I will say 99% in love with your item. I think we can resolve the police even if it was is with directing the mayor to make sure she staffs up in the next budget hearing which will happen in JULY and AUGUST but I think you make a good point about the MAY versus shall. >>vice chair: commissioner from the 12th district you are recognized . >>commissioner bermudez: two quick things, one is a question and the other is a comment. This meeting that took place because this is not in homestead, correct ? So the meeting that took place as I understand it was not, I guess was in homestead which is not necessarily this area. Okay, so one of the concerns I have if you can reach out and try to do it in an area where people are being impacted at least hear from your point of view and you can answer the questions. My second thing is I certainly would concur with both commissioner training, this does more to not just the attorneys but to staff, I do agree that it makes it very difficult on some of these recommendations if in fact the departments don't take a position that's clear. On what actually would be the correct thing to do. Let's rephrase that, what they would actually recommend should be the proper thing to do the work shall obviously is much more legally sufficient than MAY. So I hope as we move forward we do take that into account. And I don't want to make this all about the lawyers since i like myself and I like you guys. But we need to be a little bit more specific. >>chair: just question, if we're deferring this item I think there's been a motion to defer the item. Can we just defer the item? Instead of talking through the item completely, we will have these conversations. About the next time the item comes. >> that's fine, I got to get out of here to area quest so is it on the motion to defer? Okay, then I would really prefer us to defer this item if we're going to defer the item as long as we're clear this item is and four). There's been a motion to defer. >> thank you on the deferral, it's not just the deferral, it's a deferral with conditions, I want to be clear on that. What my colleagues have requested t