Miami-Dade Board of County Commissioners - Zoning

, can we go ahead and start with zoning? Have the zoning director read his opening statement ad swear in any speakers . >> good morning CHAIRMAN, commissioners in accordance with the code of miami-dade county all items have been legally advertised in the newspaper, noticed in mail and properties have been posted . Additional copies are available in chambers. The record and file on each application ... >>chair: we are good, please continue . >> the record and file on hearing contain documents from the public, agencies and department of economic resources . We also have the transcript from those hearings. All documents are available to all interested parties and available for members of the board of county commissioners to examine these records. All witnesses have been sworn to be included in any transcript . In addition there is a translator present for those individuals requiring such assistance . Will the clerk swear in any witnesses. >> please stand and raise your right hand. Do you solemnly swear that the testimony you are about to give is the truth, all truth and nothing but the truth so help you GOD? You MAY be seated . Interpreters . Raise your right hand . Do you swear or affirm you well make a true interpretation of the questions asked and testimony given. Thank you . >> do we have any deferral requests? First is 1a, 7500 southwest lc application z2018000170. One process and one waiver and staff has been allowed to re-notice the application . We have another deferral, application 3f requested by the applicant . >>chair: can we take both of those at the same time as far as moving them together? >> 3f , application number z2022000153, no protests, no waivers on this one. >>chair: if we have a motion to differ . >>commissioner regalado: happy to defer 1a and 3f . >>chair: all in favor signify by sying aye. >> we just need to state the date it would be deferred. That would be 7:30 A.M. Here in chambers. >> chair , attorney for item 3f just to be certain we are requesting a referral date of JANUARY 24, 2024 . >>chair: very good point because we deferred it to DECEMBER . Let the record reflect until JANUARY. Let's go with that . All right, MISTER Attorney, let's take some 1c first, does the deputy need to read anything into the record? >> item 1c , application z23013 108 , no protests and no waivers . >>vice chair: we will go ahead and open public . Speaker cards for 1c. They just got here. All right. We are opening public hearing , I have mary waters , you can approach the podium. George , mary waters on 1c. Please state your name and address for the record , you have 2 minutes . >> 19550 southwest 180 333187, redlands . I am a bit concerned about this property, it's a large property from what I observed. It is exceeding the number of structures that should be allowed on a lot. In terms of this development, that bona fide agricultural structure sought to be built, as a farmer I see the structure in terms of being a bit more rustic , it's kind of what I expect out here sometimes out in the redland . It's concerning this structure could be more than what it is intended to be used for in terms of a rule room, control temperature and alludes to a little bit more of a luxurious farming environment , something I would enjoy on my property but I work in the heat , etc. The amphitheater structure is what was concerning to me when I reviewed the application. I took the liberty with this public comment to take advantage of being able to speak on items of interest to me and in particular in the redland agriculture area . Certain structures built for agricultural use, there is a lot of leniency with these structures and unfortunately do get into trouble with these structures but moreover, maybe it could be done in a different way that is not creating a trigger that other properties will then say they can go ahead and do the same so I am hoping to stop a trend from occurring. >>vice chair: MISS Waters, name and address . >> 13 600 southwest 229 street. This is our property in the redland agriculture area . It currently has five structures already and this would another one approximately 900 square feet and it is set to be a greenhouse. Greenhouse complete with full bathroom and air-conditioning which I do not know too many greenhouses that have air-conditioning but it has a horse stable and the other structures that are there, this is adding one more on our property intended to have one more as a single family residence so it makes me wonder why are there so many structures your? Is an area where there are many venues popping up and there is a possibility that maybe the intention on this one. This application has been referred several times in the past so that must be the possibility that planning has some objections that were needed for that but I would ask that you deny yet another structure being put on a property that goes outside of what the zone would allow for that. >>vice chair: no one else signed up to speak. How much time are you going to need? >> I would say two minutes . MISTER Chair, offices at three southeast second avenue . We had a lengthy presentation at the last meeting I wuld like to address some of the comments raised by two speakers . This is my clients family estate , a property that has residential and agricultural uses. To any of the other agricultural buildings you find through this area, we are not adding any more residential uses because we are already there. We have were staples and other ancillary agricultural buildings, this would be another one for horticultural purposes. It is complying with your zoning requirements without exceeding setbacks so this is just a procedural item that zoning requires when you're adding buildings, it's not primarily a farm but has these uses single-family and agriculture. What we've done as you saw is we set back the structure significantly. There is an extensive landscape buffer along all the property lines with the line that's there and metal fence . It is consistent with all the uses you have . There was concern about whether this would be used for other purposes. Your staff is placed a condition we submit a comment confirming this property will be used for single-family agriculture and we are fully in accordance with that condition . With that I would ask the commission to move forward to approve the item . >>chair: >>vice chair: commissioner from te eighth district . >>commissioner cohen higgins: all my questions have been answered at this time . I move consistent with staff recommendations and approval of conditions including the covenant just referenced. >>vice chair: it's been seconded by commissioner regalado. Seeing no discussion, clerk please call the role. >>clerk: commissioner bastien. Commissioner cohen higgins. gonzalez. Commissioner hardemon. Commissioner mcghee. Commissioner regalado. Vice CHAIRMAN Rodriguez . Motion passes 820 . >>vice chair: MISTER Attorney can we go ahead and take item 1d. >> director MAY proceed. >> 1d , laa investment incorporated application number 02023000111 . >>vice chair: no speaker cards so public hearing is open and closed. Is the applicant here? Commissioner from the eighth district. Would you like to start? >>commissioner cohen higgins: I move item 1d consistent with staff recommendations. >>vice chair: we have a motion, do we have a second? Seconded by commissioner hardemon. Any discussion . MADAM Clerk please call the rule . >>clerk: commissioner cohen higgins . Commissioner gonzalez . Commissioner hardemon. Commissioner mcghee . Commissioner regalado . Commissioner bastien. Vice CHAIRMAN Rodriguez . Motion passes 820 . >>vice chair: MISTER Attorney can we take 3h, read the statement in the record . >> application number 02023000038 , no protests and no waivers . >>vice chair: we will open public hearing. New cards were brought up so I am verifying them. Give us just a second. Any speakers on 3h. Is that applicants present ? Applicant is not present . Are you the applicant or a speaker? He went to the bathroom. We're going to go ahead and hear from the from the eighth district. >>commissioner cohen higgins: I know those who couldn't hear but someone indicated the attorney was in the restroom, I don't know if he wishes to be recognized. He is raising his hand. Sorry, we jst put on the record you were in the restroom . >> thank you for waiting for me . George navarro, southeast second avenue on behalf of the applicant. It's a very simple application and I hope we have a road that is supposed to be dedicated but it creates a dead end condition because it terminates at the florida turnpike. We are asking for a variance to not be able to dedicate the road since there is no practical purpose for it . We work for public works and zoning have a positive staff recommendation so we await your approval . >>commissioner cohen higgins: I move this item consistent with staff recommendation . >>vice chair: any discussion, hearing none please call the role. >>clerk: commissioner cohen higgins. Commissioner hardemon. Commissioner mcghee. bastien. Commissioner bermudez. Vice CHAIRMAN Rodriguez motion passes 8 to 0 . >> MISTER Chair . >> you are recognized . >> I move 3I consistent with staff approval . >>vice chair: I'm not there . >>vice chair: I am skipping around because the district commissioner needs to leave at some point so I am going out of order . >>commissioner hardemon: so you're not taking a motion . I didn't know you could do that . The motion? >> we do need to make sure there are any speakers here . >>vice chair: we have speaker cards for 3I? >> and the zoning director needs to read the . >>vice chair: let's finish the . >> application 3I, claude and claudia sherry , application number 02023000127 . No protests and no waivers on this application . >>vice chair: is the applicant here is the? You are recognized. >> northwest 52nd street . >>vice chair: hw much time do you need? >> I am here to answer any questions . >>vice chair: commissioner, any questions? Motion in a second by commissioner bastien. Please call. >>clerk: commissioner gonzalez. Commissioner hardemon. Commissioner mcghee. regalado. Commissioner bastien. Commissioner bermudez vice chairman rodriguez . Motion passes 8 to 0 . >>vice chair: congratulations . We are back to item 3n , please proceed . >> application 3n, z 202-30-0026 six, francisco campos . >>vice chair: public hearing is close, is the application applicant presence? Approach the well . Please state your name and address. Do you know how much time you're going to need? >> I'm here representing the owner of the property. For the property 2023 southwest 127 avenue . I am here to answer any questions. . >>vice chair: okay, public hearing is now closed. Please you are recognized . >> thank you to the applicant being here. I dn't have any questions on the application, I do support it so I move it consistent with staff recommendations . >>vice chair: commissioner bastien seconds the application, please call the role. >>clerk: commissioner hardemon, commissioner mcghee . Commissioner bastien. bermudez. Commissioner cohen higgins. Commissioner gonzalez . Vice chair rodriguez. Motion passes 8 to 0 . >>vice chair: congratulations. >>commissioner regalado: can we take 3l? >>vice chair: we are going to go ahead and take 3d. Do you need to leave ? Nobody wants to hang out today . >>commissioner regalado: we are all tied to our chair because of quorum so that's what you are getting. You're getting the faithful moving around . >>vice chair: we will go right to 3l . >>commissioner chen higgins: can you please read in item 3d . >> nicholas gomez, z area 022 00092, no protests, no waivers . >>commissioner cohen higgins: item 3b is before the board, public hearing is open . There is a gentleman at the podium, you have two minutes to address the money. A translator ? Are you the applicant? anything that you wish to... >> my name is roderigo nicholas gomez. My address is 130 765 northwest , miami florida . Southwest 54th lane miami florida. 175. [Speaking spanish] The only thing I want is to finish this process that's been going on for almost two years. I need someone to tell me whether to remove the fence . I have it ready to be installed . The windows and doors were done by a company with licensing permits and everything, I have submitted everything already. Also, the roof shingles when I move to the property so insurance didn't charge me so much . But what I want is for you to help me finish with this last two years, that's it. >>commissioner cohen higgins: any additional speakers? Any additional speakers? Public hearing , thank you for being here. Public hearing is now closed . To the district commissioner . >>vice chair: I move the item for staff recommendation. >>commissioner cohen higgins: MADAM Clerk please call the role. >>clerk: commissioner regalado. Commissioner bastien. Commissioner bermudez. Commissioner cohen higgins. Commissioner gonzalez. hardemon. Vice CHAIRMAN Rodriguez. Motion passes 8 to 0. >>vice chair: can we jump to 3l can the director read his statement on the record . >> application is the 202-300-0234 . >>vice chair: public hearing is open, it is closed . Your name and address and how much time you're going to need . >> 200 s. Biscayne boulevard, staff is recommending approval so I am here to answer questions. >>commissioner regalado: I will move it. >>vice chair: moved, seconded by commissioner bermudez. Please call the role. >>clerk: commissioner bastien. Commissioner bermudez. Commissioner cohen higgins. Commissioner mcghee. Commissioner hardemon . Commissioner regalado. Vice CHAIRMAN Rodriguez. Motion passes 8 t 0. >>vice chair: let's go ahead and take 3g. >> home depot usa inc., application number z2022000233. >>vice chair: we have no speakers sign. Applicants, you are recognized. >> we have home depot with office 33 southeast second avenue . This is a store that unfortunately burned down a few years ago and we are in the process of rebuilding it . It is a store in terms of service that a much-needed one, the other stores further away . This was a big anchor in terms of home goods and construction materials so we are happy to say that store is under construction but because it burned down we are coming in to ask for some variances that are in order to reestablish , to outdoor stores and vehicle rental area that you find throughout own depot. >>vice chair: public hearing is closed, commissioner from the ninth district . >>commissioner mcghee: I move this consistent with staff recommendations. >>commissioner mcghee: >>vice chair: any negotiation , please call the role. >>clerk: commissioner cohen higgins , commissioner hardemon . Commissioner regalado. Commissioner bastien. vice CHAIRMAN Rodriguez. Passes 8 to 0. >>vice chair: MISTER Attorney let's go ahead and take item 1b . >> item 1b , application number z 202-200-0218 with no protests , no waivers . >>vice chair: public hearing is open, george sandivan and mary waters . You are recognized, you've got two minutes . >> 19500 southwest 1/80 street, redmond . This is directly on my street . I own and operate and agricultural business on that street half a mile east . I have a unique property, 2.5 acres . I am farming 100 percent of it . Tax bill is $103, I earned it farming. I've ben embarrassed to say that this property being considered as I think one or two rvs, we know properties to have a quarter on and agricultural property needs minimum of five acres means I don't park an iv on my farm to make money nor can I park to live in myself seasonally as a owner of my property . Not that I am jealous but we see rvs all around. You've got to have five acres, that's the rules I follow . We can't keep losing these tracks , 2.5, one acre, whatever it is we saw the study released, that 400 page paper that they wanted to reduce our agricultural land and by 2030 it will be unfeasible to have an agriculture industry . My goal is to keep buying more properties but all these venues have priced five acres astronomically. I can't afford a five are policy for 2 million. Let me know, I will farm for you . >>vice chair: MISS Waters you are recognized. >> this is a property that's 2.58 acres five acres is required for one whole . It has been reviewed by your staff and with recommendation of denial without prejudice. One of their particular reasons as to why they came to that conclusion is that it would allow for substandard general use that would be so and the parcel is trended agriculture to build single-family residence . This would lead substandard. Homes are built off larger lots and it requires five acres for residents and the substandard conditions would occur to where you lose that flavor of where you have five acres at a larger lot. I would ask that you deny this application based on staff recommendation. >>vice chair: no further public speakers . Name and address for the record . >> I have a... >>vice chair: hand it to the sergeant. >> this is a short presentation. Minutes at most . >>vice chair: keep it to five minutes right? You've got five minutes. >> my name is simon farrell and I represent the applicants . This is an application requesting a variance of lot size to allow a 2.5 acre property where five acres are required in an area that is full of properties of similar size . First of all on this page it tells you where the property is and tells you there have been four prior goals within a couple of blocks from our property that have approved similar variances so this is the property in yellow. Area is basically and compassed by 1/84 on the north , 190 on the south and the can now on the avenue and 207 avenue . This is the property . as you can see we are almost surrounded by similar size properties that have residential homes. Immediately to our left is 2.3 acres, that is the house with homestead property to our south . These are an acre, 1.2 acres . One on the left as a homestead, one on the right does not have a homestead. To our southwest also a two acre property. East on the corner of the property 2.3 acres boasts a property and diagonally falls to our northwest . 2.1 acres, homestead property. To our south, south of 1/90, it's another 2.7 acre homestead property . There is another property , 2.7 homestead . This is the breakdown according to the property appraiser these are the folio numbers in this area each folio number, each of these green stars is a property 2.64 2.5 acres in size and they are color-coded . Some properties are 1.5 acres . The property in blue is 1.7 to 2.11 . Properties to the south , you have 2.7 and 2.5. The little smiles are the properties that if yu go back to the first page that we have , those 4 applications if I move it up , those are the properties that were approved for the exact same variances in this area. Now, so this exhibit shows you the breakdown according to the property appraiser. These are all separate folio numbers. The size of numbers and ownership is 2.5 and sometimes even less . This is where you have actual residences. Even though this whole area and by the way this is only a portion of this section, this section was trended for agriculture. The trend has not happened . The trend has not been agriculture but to single family homes and smaller lots. This application was supposed to go to community council and we are here because there was no quorum so from 2017 2023 the community council has approved all of these applications for the exact same request we have today . Even for smaller size properties . All of them with one exception were recommended for denial without prejudice . As you can see the concept of people living in this area and also being able to not only grow their food from trees and have the lifestyle they want has been accepted by the community council in the last five years and there's only been one denial of these kind of applications requesting this kind of variance. We did go out to the neighborhood and we do have signatures approving this application, there was about 15 . The properties with the:-) Are the people that signed the support ptition . If you , I have one of the owners is here to say a few words . If not I will close and I'm happy to answer any questions . >>vice chair: let's close public hearing and I will make a note, if he has any questions he can call you up . >>commissioner mcghee: I have a few questions and my first is to the county attorney . Can you elaborate on your decision to recommend denial? >> staff has recommended denial because of the card-carrying that cgmp that requires you roughly parcelized of similar size on other sides of the property . >>commissioner mcghee: representative indicated on the record and he has been sworn in , he represented there are other similarly situated parcels that have been approved in the past. >> that is a fact and they were just further out , they were not contiguous . >>commissioner mcghee: he indicated between 2017 and 2023 all but one application for this variance was issued, is that correct? >> we did find some cases but we need to check. >>commissioner mcghee: you raised your hand and are testifying, correct? >> for the record I am willing to submit resolutions together with copies of the recommendations from staff of all of the applications that I just mentioned . Not only the ones close to our property and they are only a couple blocks away. It's a block away from our application . The four that I mentioned and it showed you o my exhibit . This is a copy of all of those resolutions and all, including so you can see that they were also recommended for denial for the same reason. >>commissioner mcghee: I would like to make sure your presentation and the course that you are submitting to us are made part of the record. I have no further questions . mister CHAIRMAN At this moment based on what I have heard and based on the uniquely situated properties in the area I will move this item. >>vice chair: it's been moved, seconded by commissioner bermudez . >> MAY we include our conditions tied to the plan submitted? >>vice chair: commissioner mcghee, the answer fom me is yes. >> is a request to include standard conditions tied to the plan. >> we have a motion, do we have a second ? Please call the role. >>clerk: commissioner cohen higgins. Commissioner gonzales. Commissioner hardemon. Commissioner regalado . Commissioner bastien. Commissioner bermudez vice CHAIRMAN Rodriguez. Motion passes 8 to 0 . >>vice chair: MISTER Attorney lets us take item 1e . >> application c2023000170, no protests and no waivers . >>vice chair: public hearing is open, we have george sandival and mary waters . >> address on the record one more time? 19500 southwest second street. This from my observation I was able to drive by and from what I observed used to be a plant nursery . Looked like a great operation, very small scale but again, I will rely on my bedfast attitude of keeping agriculture. I am adamantly here speaking in favor of agriculture, keeping these properties farmed. Especially homes that will probably keep remnant structures such as containers and rvs as rentals . I see them going up on facebook marketplace, that's how much it costs so it's going to stop me on my less than five acre property from renting an rv to someone or 1300 cause I am desperately needing money so I would hate to become the person that starts breaking rules cost of what I see as the proliferation of activity in the redland. >>vice chair: is the presenter here? Address . >> five or 10 minutes . >> go ahead . >> andre vasquez, 1882 southwest 10th street . Vice CHAIRMAN And commissioners I represent jose fadul bautista. I appreciate the commission's referral, last month I was out of the property but the property is 1.19 acres 2401 southwest eighth street . My request is similar to the one just before you where we were requesting a non-use variance two: the parcel to think single-family home. The property is located outside the udp and the cop is agriculture . I think it's important to go over a few things and staff report which opined that te request was compatible with the surrounding areas inconsistent with the purposes of the comp plan . I understand the plan text states the principle use of the area should remain agriculture but this area which is eight blocks , eat streets north of the previous applicant has already lost that character . Further as to the staff report cites two similar resolutions that were approved and like the one before us was also approved and we identified 7 to 10 that have also been approved in this same area . Most important thing and it is crucial to my client and just in general is the history of the parcel , of the land itself . When you heard me give an address , that's important because it wasn't just a vacant lot prior. Before we started. The land did have a home on it prior to my client owning it . And hurricane came, I forget which hurricane it was but they already had construction permits on remodeling the home and that storm came through, they ended up demolishing it and that's what brought about the legal nonconforming status . >>commissioner mcghee: can I stop him quickly? Was there previously a home on this property? >> we don't have any records of a home on this property . >>commissioner mcghee: is it fair to say there are similarly situated homes on the property? >> staff did find two examples . >>commissioner mcghee: you didn't swear under oath as you are present to tell the truth . MISTER CHAIRMAN aced upon what I am hearing and based upon the statement from staff that there are some other residents out there in that area I will move this item . >>vice chair: let the record reflect public hearing has been closed . Moved by commissioner mcghee. Seconded by commissioner regalado. Per the plans submitted , that's how he moved it . is there a discussion on the motion . >>commissioner regalado: I have one comment. You have great dad. Most dad's pickup grandkids, yours got a deferral. >>vice chair: you have a real question? Go ahead, you are recognized . >>commissioner bermudez: I want to make sure, something that is concerning , there are airbnb's having trailers out there and I hope staff can let us know if that is happening more often than not . >>vice chair: MADAM Clerk please call the role. >>clerk: commissioner bastien. Commissioner bermudez. Commissioner cohen higgins . Vice CHAIRMAN Rodriguez . Motion passes 8 to 0 . >>vice chair: congratulations . MISTER Attorney lts get to 3d, he can read his statement into the record . >> janet londono, no protests for this and 56 waivers . >>vice chair: public hearing is open . No speaker cards . And are you the applicant? Please state your name and address and how much time are you going to need? Two minutes is good. You have two minutes . >> my name is janet londono, southwest 21st lane , 3393. The property where we are building in our backyard, my key hot , we hired indians from seminole to build the tiki and we've tried everything and we have complied with all the rules and regulations. My husband has been in front of this . I did agree with the recommendations ad we are here also if you have any questions. I would ask my husband to answer them . >>vice chair: commissioner from the 11th district you are recognized . >> can you elaborate and explain the conditions applicant has proposed a tiki hut that is 12 feet six inches high . Their code requires the tiki hut to be below five so she's asking it to be above the fence . She does have a 20 foot green belt so we are recommending approvals . >> at this time I would like to motion to move forward as per staff recommendations. >>vice chair: motion from the commissioner from the seventh district, seeing none madam clerk please call the role. Commissioner bermudez, commissioner cohen higgins. Commissioner gonzales. Vice CHAIRMAN Rodriguez . >>vice chair: yes but give us just a second. >>clerk: we have a record of six votes. >>vice chair: commissioner regalado will be right in. We are only in NOVEMBER. >> I have a question for clarification as well. >>vice chair: go ahead . >>commissioner hardemon: the 20 foot buffer on the record, is that an alleyway? >> it's a green belt, landscaping . A buffer landscaping . >>commissioner hardemon: so it's within her property line or is it public? >> within her property. In the common area >>vice chair: MADAM Clerk can you call commissioner regalado's name again . >>clerk: commissioner regalado. Item psses 8 to 0 . >>vice chair: [Speaking spanish] MISTER Attorney lets go ahead and take item 3j. Do we have a quorum? We are going to take a quick recess break . >>... >>vice chair: thank you commissioner. We've got quorum, guys. So where are we? 3j. Let the director read his statement already ? Go ahead, please read your statement. >> item 3j, applicant jorge agrait-amillo, no protests, no waivers . >>vice chair: public hearing is open, are you the applicant? No speaker cards but the applicant MAY approach the well, please keep it to a minimum please . >> 6771 southwest 155 avenue and we are here to answer any questions the commission might have . >> public hearing is closed, will the commissioner please be recognized. >> I would like to move as per staff recommendation at this time. >>vice chair: second by commissioner bermudez, any discussion? Seeing none please call the role. >>clerk: commissioner bastien. Commissioner cohen hggins. Commissioner hardemon. Vice CHAIRMAN Rodriguez. Motion passes 7 to 0 . >>vice chair: congratulations . You have to excuse me but we are losing quorum. We will go into recess and go into cdmp. MISTER Attorney , do you have to read anything into the record? >> first there would be a vote to recess and opened the cdmp. >>vice chair: so moved by commissioner bastien. Motion to adjourn cdmp, seconded by commissioner bermudez . All in favor signify by saying aye. We are done with cdmp. We are back into zoning . Is it appropriate to take item 3c at the time? Does the director need to read anything into the record. >> cdmp was held concurrent with the current application but the public hearing was held and shall be incorporated into te zoning lord. It's MAY now proceed with the application. >>vice chair: public hearing is required, you are recognized. >> consistent with staff recommendations I will move this item for approval with proper covenant. >> moved and seconded, any discussion on the motion ? MADAM Clerk please call the role . >> commissioner gonzalez. Commissioner mcghee. Commissioner bastien. Commissioner rodriguez. >>vice chair: bermudez is also a yes. >>clerk: motion passes 7 to 0. MISTER Attorney is it appropriate to take item 3? >> a companion zoning item , one of the items this board adopted . Public hearing was held during that portion of the hearing and it shall be read into the record . At this time we receive consideration . >> no public hearing is required, you are recognized. . >>commissioner mcghee: I make a move that this item be approved which is consistent with staff recommendations. >>vice chair: second by commissioner gonzalez, is there discussion on the motion? MADAM Clerk please call the role. >>clerk: commissioner gonzalez. Commissioner hardemon. Commissioner mcghee. Commissioner regalado. Commissioner bastien. Commissioner bermudez. Vice cairman rodriguez. It's passes 7 to 0 . >>vice chair: does the director need to read anything into the record? >> application 3k is brett motors llc , 20020 . No protests, no waivers . >> we are now in public hearing. We have a few applicants . So all the applicants are in favor . I am sorry. All speakers are in favor. Is it the will of the speakers present to wave in support? >> for the benefit of this commission . >> she just did that behind you so thank you for doing that . MISTER Applicants or representative . >> good morning and my name is javier vasquez, 1450 brickell avenue . >>vice chair: how much time do you need . >> no more than 35 minutes . >>vice chair: he knows it is going to be three, he asked it is just tying to be generous. >> quickly joining me today on behalf of brick builders llc is MISTER Mark adler who is vice PRESIDENT Of corporate relations. MISTER Alejandro as well, this is an 8.2 parcel at the southwest corner of 152 avenue application is a non-used areas to allow an automobile dealership to be located within 500 feet of a zoned property . Application is not to allow an mobile dealership, is to allow a service center because of the fact within 500 feet hours of property , properties to our self and west are designated ru1 and cohen higgins respectively . It does bear approval with conditions on which we are in agreement with. And like I said it's very important to highlight the property is zoned iu1, what triggers this is the end within 500 feet and as you see we have no opposition in that regard and when we talk automobile dealerships is almost a foregone conclusion that there will be a service center. Real quickly let me buzz through a couple of things. As far as the proposed building it has been intentionally placed on the northeastern part of the property to make any impacts on ru zoned properties . Staff has included a condition to make sure we abide by those conditions and we are in agreement with that . Furthermore staff as pointed out that we are at a certain impervious aea and landscaping buffer that exceeds the landscape . The applicant has gone out of his way to mitigate the impacts on residential limitation to the property. >>commissioner mcghee: are you wrapping up? >> I just wanted to show you that elevation. I wish that was our elevation . We have a second sheet. To close we would request this application , it is a nice artist's rendition of what our dealership will look like. We request staff recommendations . >> are you comfortable with the conditions ? I would like to move as per recommendations . >>vice chair: MISTER Attorney, we have a second by commissioner bastien. MADAM Clerk please call the role . >>clerk: commissioner gonzalez. Commissioner hardemon. Commissioner mcghee . Commissioner regalado. Commissioner bermudez. Vice CHAIRMAN Rodriguez . Motion passes 7 to 0 . >>vice chair: I think we are on the last item now, 3a . >>commissioner regalado: I cannot vote on this item because i might have a conflict. >>vice chair: we will have to send this to the next meeting. >> you could move to defer considering commissioner regalado is comfortable voting, otherwise it will roll to the next meeting. >>commissioner regalado: we can vote on deferral. >>vice chair: this is district 11 . >> we can move for different . >>vice chair: item has been deferred. Is there a second . To the very next meeting . There is a second . Any discussion on the deferral ? Is this a rollcall? Favor say aye .