Miami-Dade BCC - Comprehensive Development Master Plan & Zoning

>> test miami-dade . >> good morning. Commissioner bastien. Commissioner bermudez. Senator garcia. Commissioner gonzales. Commissioner hardemon. Commissioner higgins. Commissioner mcghee. steinberg. Vice CHAIRMAN Rodriguez. CHAIRMAN Gilbert. >>vice chair: we've got seven, cohen higgins is here. >>clerk: we have a quorum. >>vice chair: commissioner, if you would lead us in prayer followed by the pledge . >>commissioner higgins: if we would all rise and bow our heads. This morning guide us as we make decisions around how to best serve the residents of this county through schools and homes and buildings and offices . We are so lucky to live in a community that is growing and in that growth we need to do things responsibly. We hope our retreat all our residents with care, love and respect and ask for your guidance as we do this. Amen. >> I pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under GOD indivisible with liberty and justice for all. >>vice chair: good morning all. MR. Attorney , or mount an attorney, whoever is going to take the lead there, can we do what we did last time and takes zoning and cdmp together . >>county attorney: just a motion to set the agenda will be in order and we can proceed as you wish. >>vice chair: seconded by commissioner bastien, all in favor of setting the agenda say aye. Show the agenda past. Is it in order for the zoning director to read in his statement and swear in the speakers at this time? >>county attorney: ys. >>vice chair: go ahead. >> good morning, eric silva rer. All items have been legally as advertised in the newspaper and properties have been posted. Additional copies of the agenda are available in the chambers. Items call bob by agenda number, please note board action on any item MAY be reconsidered and additional action MAY be taken on such item at the same meeting. Applicants and members MAY wish to govern themselves accordingly. The recommended file for each application will include documents from the public agencies department of regulatory and economic resources and when there's an appeal based on the transcript for those hearings. All documents are physically present today available to all interested parties and members of the board of county commissioners who MAY examine these items for the record during the hearing. Parties have the right of cross-examination and all witnesses have been sworn and shall be included in any transcript. In addition there is an official translator present for those individuals requiring such assistance. With the clerk please swear in the witnesses. >>clerk: all witnesses please stand. Please raise your right hnd. Do you solemnly swear the testimony you are about to give is the truth, the whole truth and nothing but the truth so help you GOD? You MAY be seated. Interpreters , do you swear or affirm you will make a true interpretation of the question asked and testimony given? Thank you. >>vice chair: MR. Director I understand we have differ all requests on 4a in the cdmp and 8a1 for withdrawal, can we take those first? >>county attorney: would you like to start with the deferral request for 4a, 4a supplement and 4a1? >>vice chair: that would be appropriate . >>county attorney: this relates to 005. >>vice chair: give me a second. >>commissioner higgins: you need me to move out for you? >>vice chair: yes, because it's my item. >>commissioner higgins: move the deferral of 4a and 4a1? >>vice chair: that works. Actually >>county attorney: would you like it to be no date certain? >>vice chair: no date certain. To the next cdmp meeting. >>county attorney: we will announce that just now. >>vice chair: to the NOVEMBER 21 meeting. All in favor signify by saying aye. All opposed nay. Show the item deferred. The next item being amendment 8c5, seconded by commissioner bermudez to the NOVEMBER 21 meeting. Anything else you need to say? >>commissioner cohen higgins: I wanted to announce I believe this was requested by the applicant. >>vice chair: yes. All in favor signify by saying aye. All opposed nay. Show item 8c5 different. Can we take item 8a1? Go ahead and read your statement into the record if any . >> item 8a1, 11405 southwest >> item 8a1, 11405 sw. 82nd avenue llc , application z2021 z2021000156. We've had 220 protests on this application and 150 waivers of support. This applicant is a little bit different than regular applications. Those protests and waivers came in prior to consideration of the appeal back in JANUARY 2023 . This application today the applicant is withdrawing that application heard by the bcc because it went to the bcc before the bcc divided and staff can't withdraw it, that's why it's before you. >>vice chair: I have several people signed up to speak by I understand this item is being withdrawn so if it's acceptable and it's at the discretion of the chair I'm not going to call up these speakers because the item is being withdrawn. So that I think based on what I'm seeing because everybody is against kind of solves your issue. I see heads nodding so I think everybody is okay with it but you all did drive out here so I want to make sure that is okay. Everybody seeing I'm guessing that? Commissioner from the eighth district I recognize you for a withdrawal . >>commissioner cohen higgins: is the applicant here requesting a withdrawal? Please approach . >>speaker: ben fernandez, biscayne boulevard on behalf of the applicant . >>commissioner cohen higgins: I don't have an objection to the withdrawal being requested, I understand there's been potential changes to the application which are warranting the withdrawal and intention to file a new application and we appreciate you cming down. What is going to happen now assuming the board approves the withdrawal being requested is a new application I my understanding and I don't want to speak for the applicant intends to be filed that is substantially different. And hopefully you have been working with the community and will continue to work with the community when that new application is ready to be filed but the application you're going to speak on will be withdrawn until a lter date if they decide to resubmit. With that I think that's an accurate description and I moved to withdraw the application. >>vice chair: seconded by commissioner bastien, any discussion on the item. >>county attorney: the other matter before the withdrawal would be amount of time or the waiting period before the applicant can refile. The choices for the board would be withdraw with prejudice which would be an 18 month waiting period, withdraw without prejudice which is six months for another time period that the board MAY choose for good cause. >>vice chair: commissioner from the eighth district seeing they are withdrawing on their own merit do you want to make a suggestion or this is your district. >>commissioner cohen higgins: the recommendation is to withdraw without prejudice yielding a six-month waiting period, is that crrect for the attorneys? >>county attorney: applicant has requested a waiver of the waiting period and we submitted a request, given the time has gone by this was heard by the bcc about 20 months ago so they've already waited for quite a while and they've been trying to acquire small land and make the project more compatible . >> nevertheless if I MAY commissioner. >>vice chair: you are recognized . >>speaker: we have been in discussion with MR. Gibbs who represents the community and we have agreed to modify our request for the waiver and provide a three-month waiting period I think is reasonable to submit a new plan to the neighbors within a month. And then submit an application no sooner than three months from today. >>commissioner cohen higgins: thank you for that explanation MR. Gibbs, are the you the attorney, is that an accurate representation of what is agreeable to your clients? >>speaker: we also want information about the new application, it's going to be zoning application, that it would be , it would go through the process as a brand new application just like the previous one did through the community council . >>commissioner cohen higgins: that's my understanding of the rules as currently written so that would be required. I moved to withdraw the application with a six-month, three-month waiting period which has been represented to be agreeable to all before the applicant can resubmit an application. >>vice chair: we had a motion to withdraw for resubmission. Second by commissioner bastien . No further discussion on the item, all in favor of the withdrawal signify by saying aye. All opposed nay. Show the item withdrawn . >>commissioner cohen higgins: thank you for being here. >>vice chair: MR. Attorney can we 3a and period 16 with its companion item. >>county attorney: for this item on the cdmp portion this item is a small-scale application before you for public hearing and final action . I'm going to read the ordinance title as reference the companion resolution in the event the board wishes to transmit but if the board wishes to take action the resolution will be withdrawn. This is a contract zoning application with this item and there will be a single public hearing held on both components and conducted in accordance with clause I judicial principles. 3a relates to the comprehensive master plan providing disposition, located south of 2 80th st. Between southwest 1 57th avenue and harriet tubman highway west side of the s. Dade transit way filed by south dixie llc as an OCTOBER 2023 cycle application to amend the counties cdmp. This is item 3a, 3a supplement, 3a1 and in addition as you noted item 8a4 on the zoning agenda. This is a public hearing . >>vice chair: we will have public hearing of both, zoning and cdmp. I do have public speakers signed up to speak. Lucio . You could walk up to the podium. [Reading names] State your name and address for the record and you have two minutes to speak. >>speaker: lucio chowdhury, 153 quart. We appreciate the dialogue that we've had with the builder. There is dialogue going on up to right now so I'm going to go based on what I have prepared. We don't have a site plan. We don't know what these buildings will look like and most importantly there's a plan for six stories which is very high. This is a budding homes and facing homes on three sides. This will be a massive eyesore, a stress for the residents of the zones. I met a retired police officer will be looking at a six-story building from his living room. He's lived there for 30 years. Obviously wasn't happy to hear this is planning to,. We need to see a final site plan and need a development that provides the right transition. This is the redlands area. It's very green so these are buildings on old dixie, there's no text story buildings at all . On old dixie. As it is, it will be the tallest building on old dixie. Two years ago this board agreed a project similar to this same developer was inappropriate and the covenant should be on her. That application was denied. There is a covenant for 29 homes on this poperty, not an old one. We've been more than flexible with this developer but this is just too intense, six stories so close to these estate homes. These from the front of their homes, from their backyards. If this project is approved, we move to strike it down or denial. >>vice chair: thank you, go ahead . >>speaker: I live at 28105 southwest 1 57th avenue >>speaker: I live at 28105 southwest 1 57th avenue if you possibly if you remember I am the lady who owns the orchid nursery that butts off on two sides of this property. Of all the people in our neighborhood I am the one who is the most concerned and has the most to lose from this property. You MAY remember that I and my family vigorously fought against this project as it was first presented. This was several years ago and my life and business hs been on hold since knowing it would be addressed again. A new form, a new concept of this project is now being presented and I have to tell you that it has been presented to the neighbors to. Although I would still like the covenant of 29 homes to the plate I am not nac think this is going to happen. I understand the environment of the county and smart plan will make this next to impossible. i want you guys to know the owner of this property has gone out of his way to listen to us and to the neighbors to make as many concessions as he possibly can. We ask and believe me, we've been dealing with a lot of projects in our area and he is one of the few that actually listens to us. We requested a change to townhomes at least along where the residential homes are and he has agreed to that in his conceptual plan and also we are now talking with him about lowering the height. Six stories is too high but I believe he will listen to us. I believe he listens to us in good faith wich is not a feeling we get from other projects. The townhomes is a good transition. I think if we continue to work with a neighbor to ensure this project will not be a cookie-cutter project that it will have integrity and it will fit into the neighborhood with appropriate transition and a sense of place and community identity . >>vice chair: thank you MR. Davis. >>speaker: my name is patricia nunez, 16020 sw. 287th st. >>vice chair: thank you MR. Davis. >>speaker: my name is patricia nunez, 16020 sw. 287th st. Very much to my neighbor I grew up in this home so I grew up in the red lands, it does have a specific characteristics. I have a minor in panning and I learned the importance of transition and although I knew i grew up in south dade and development is going to occur what I would ask is to do for this application and give us the opportunity to work with the applicant. We know development will occur but I grew up seeing nurseries and agriculture area, that is the sustainability of the economy in the redlands and one of the biggest things we learned in planning is transition. The date is amazing. It is a virgin area and that doesn't mean we just put anything that comes to us, I think we should treat it the same way we would treat coconut grove or coral gables, that's what makes these neighborhoods unique so I plead you to treat us wth that same concept and one of the things I think is missing is the transparency. Neighbors want to know what they're getting and we're still missing a site plan area we want to address the potential light pollution so as my neighbor was saying with an orchid nursery we all know light is essential to the growth of plants. Though that two of the items, I have more items here and I know I'm limited on time but I want you to use your imagination here and think of you owning a home and then your children walk outside, you're riding your bike. I don't worry about getting hit by a car, like maybe in metro miami but now imagine on the next single-family home they are six stories and that's kind of an eyesore. My request for you, for the board is to again us more time, defer the application give us more time to speak with the applicant. That way I believe transparency is where both parties can come into agreements. There's items of opportunity so my request to you is to defer the application . >>speaker: I reside at 27 16 southwest 1/53 quarter. Actually within walking distance to this proposed project development area first and foremost I want to remind you three years ago this same application came to your presence and it was denied area and it was denied because of the amount of density in that area. That land runs with a 29 home covenant that runs through the land. The owner of this land acquired a bit more property to be able to have more leverage but even at the time I remember and I want to preface what our commissioners said at the time. She said he bought the land knowing there was land that came with the covenant so how can he come by your waiter? The covenant is a strong covenant, we've got 13 years was 14 years left on the covenant. There is room for negotiation. This morning they approached me, wanted to negotiate the head of the building. The area is calling for townhomes so there representing another client, about 200 feet away from this site there building 66 townhomes. That's what the area calls for, townhomes for sale. We are not requesting from the developer or the applicant to make his community fee simple. If he wants to rent it it's fine but I approached him via phone call a couple of weeks ago and we talked about a community of townhomes. Lennar is 100 feet across from them and there building a townhome community area that pocket there , I want to paraphrase at the beginning when I first started she said this is not a cookie-cutter area. And 283. This is two main thoroughfares to go into the redlands area . >>vice chair: thank you . >>vice chair: >>speaker: mary waters, southwest 2 to 3. I was a member of the community council 14 when this application came to the. Requested to go from an agriculture zone to uam. She owned that for a little while longer and sold it to the current owner knowing there was a 30 year covenant on that property that would have the 29 homes. I never agreed that 29 was an appropriate use for that property at the time as far as the quantity of the apartment buildings , even the townhomes that they're suggesting be built there, it's not trended for that area even though the old dixie highway separates it from the busway though there would be some amount of walking to get to the busway if you even chose to take the bus. Anything else that built around their , single-family homes, fee simple townhomes and agriculture . What you have here in your package shows that there would be approximately 1100 residents or units, pardon me, units there and they anticipate of those 1100 units only 250 car trips per day on that, that's 20%. People are not going to take the bus. I take the bus and train to get down here and I can tell you there is not that much ridership on either one. The fact that people have to walk across another street and typically there is a chain-link fence between that, I'm not sure how people are supposed to access it in the current covenant that has been rewritten at least five times it will show you every time a different change is deleted from that covenant... >>vice chair: thank you MISS Waters. You know the drill. I have for public speakers. So if the applicant would tell us how much time he's going to need . >>speaker: hugo garza joined by the property owner, principal of south dixie 29 llc. MR. Chair, eight minutes? >>vice chair: you are also a regular, MR. Arza. Go ahead. >>speaker: there are concerns we have to get through and i will run through my presentation quickly and I want to touch on a couple of the points. >>vice chair: go ahead, you have your eight minutes. >>speaker: since we started with public comment let me start with a couple of issues and thank the neighbors were recognizing the efforts that my client went to, the number of meetings and the repeated conversation. I do think we are close to reaching a compromise, full compromise and concession. With respect to the issue of there bing no site plan, there is a site plan . There is a plan that enjoys the staff recommendation for approval at 600 units. We filed this application a year ago, there is a site plan. In the negotiations with the neighbors and in wanting to hear from them and that their request deferring this so we can continue to work with them we took the additional step of introducing the concept of townhomes on the western portion of the property and so what we've done is that we've included in our covenant that that concept with the townhomes there would be resubmitted to show how that's going to be but it would be you know, injurious to my client to say that because we are conceding to something that means you don't have a site plan area we have a site plan and in addressing the concerns we are going to replace buildings with townhomes and if this board is so inclined like to lead with an approval which if that is the case we would replace those buildings with townhomes and resubmit to the staff the appropriate bells and whistles for the site plan that I don't think it would be fair to characterize this as a project without a site plan. This application was filed a year ao, the site plan has a recommendation of approval and my client has removed buildings and two-story townhomes and as a result of that that site plan is no longer quite accurate and we would simply revise it consistent with the zoning district if we get your approval today. Not fair to say we don't have a site plan. It's not a cookie-cutter area which is why we've made the concessions we've made and even MISS Davidson spoke, our nearest neighbor. She has an orchid farm, a business she runs there and we sat with her, commissioned a shade study to make sure the buildings wouldn't impact or. We showed her those buildings wouldn't have impact. It's off the table because the closest buildings to her will be townhomes. You're not going to get shade from a two-story townhomes I hope I don't have to belabor that point. We have to address those issues and I want to thank the neighbors for being as available as they have . We've had numerous zoom calls and meetings. I think we are all familiar with the property and I want to highlight the final point here. 18 acres, 1050 feet of the busway, a third of a mile of busway. I looked up and down us one and I don't think a single other property in that south corridor work will ever have 1800 linear feet and I think it's a unique opportunity to do something that promotes the county's policies. Here are elevations of the buildings that we have. Obviously to the extent they are as it stands today we are proposing six stories on the busway and one four-story building at the top left would be the six-story buildings. The six-story buildings all the busway, we did that on purpose and I'll show you a site plan. The request obviously land-use and district boundary change you do have a deletion of existing declarations. That was our covenant that was nearly entered into to ensure that the eum development did not exceed the land-use at the request of the zoning department. The simplest math I can give all of you is although land-use state density allows 15,000 square-foot lot so when you do 15,000 square-foot lot you actually can exceed 2.5, get to 2.7 and 2.8 so zoning departments will say you're going to get eum but you have to agree to abide by the cdmp so let's do the math you can't game the system and go to 2.7, that was the purpose of that covenant. Times have changed but beyond that that's the purpose. I don't want to forget a critical point, this is providing 12 1/2% workforce housing so your further commitment on a policy wide impact level, not just addressing those concerns the neighbors have also but the concerns the community has area our application when deferred at 600 units and no townhomes. The application before you today and covenants with staff, we have copies here zoning and land use brings it down to 500 so 100 unit which is a 17% for 600 units and introduces the concept of townhomes removing the four-story buildings and I will show you where those are. These are the requests you have before you and I will run through all of these. Your staff does a terrific job and we enjoy staff recommendation, we enjoy the planning advisory board vote for the project at 600 units. They recognized this location is unique and we've worked hard to address those concerns and brought it down but we promote all these policies you have here and here's the old site plan. The four-story on the left and six-story is on the right and they're calling this district rowhouses and six stories along the busway only and that the building along to 80 will come up to four stories. So really a nod to the buildings closest to the community will remain at the two-story townhome level and concentrate higher density along this row. Graphically all development plan 600 and I know 1054, this entire property is in a and I know 1054, this entire property is in 150 miles of the corridor district which my client didn't contemplate which is provided for in the code. You can build 2054. We started and went to 600 and now we are at 500 so that brings our density 228 4.4 units to the extent with workforce housing. I will gloss over I think we all understand the concept of the location of this property within it. Boundary to 80th st., you don't have to walk miles to get to it . Ridership, needs to go up for it to work and this is how it does and this graphic tells you how many additional writers you need to meet some of the commitments we made for funding . We built out this ert and we want people to use it. All of the cost issues and I don't think you guys see that enough. Staff recommendations again adopt with acceptance of the covenant, adopt or the zoning and land use I think speaks volumes that we have addressed all their concerns and these are some of staff conclusions about compatibility and the like. Impact fees, projects bring with them impact fees as soon as we revise with the reduction of units represent a 5 and a half million dollar impact the weather is 2.8 million that the county will have and I touched upon it all here as just a laundry list of zoom calls, meetings and we've heard from the neighbors, they been available and accessible and we continue to be and are happy to have further dialogue with you all today and see if we can't reach a consensus. I would like to not differ this item further. We brought this project down substantially and if there's a little more tweaking we have to do we would love to do it today. >>vice chair: you need much more time? >>speaker: I am done. Thank you all, we had an opportunity to meet with her and her staff on this application and thank her for her time. I would urge you to reward a property owner that has in the words of the neighbor who came up here today been highly accessible and amenable to discuss it with the compromise. I'd like to see that commitment by my client appreciated today with an approval at the reduced levels we've shown today and we are happy to continue to have discussions and thank you for your time. >>vice chair: you definitely went over by about a minute. The public hearing is now officially closed. The commissioner from the eighth district. >>commissioner cohen higgins: thank you to the residents from south dade and district eat coming to share their feelings about the project and to the owner of the property I want to take a moment to thank you. It's not often we hear residents who don't agree with our project but gives praise to the to the developer for time they spent with residents which I greatly appreciate and in particular for our area because we see so much development happening. It's always wonderful to see where when you are moving into a community you act as if you are a member of that community . You take the time to meet with your neighbors and respect their concerns and address those cncerns and as far as the application before us I see those concerns having been addressed. The application before us today is substantially different than the application that was before us three years ago and in fact not only is the application substantially different the demeanor of the relationship between the applicant and the community is worlds apart and substantially different. So these are things I take into great consideration and I appreciate the concessions that have been made here. Just to be clear I know you went over it rather quickly because you were forced to go quickly but it's clear to make sure everybody is on the same page some of the concerns raised by our residents. I want to confirm we do have a site plan for this project. To the attorneys, we do have a site plan? >>county attorney: commissioner, we have a site plan as noted in the application and with us today is a new plan that shows the replacement of the four-story apartment buildings, three, four-story apartment buildings replaced with townhomes so within 30 days of this hearing that applicant will submit a full set of plans because this is just one sheet but this is the plan that they will be submitting to us. >>commissioner cohen higgins: we have a site plan and were going to get an a site plan reflective of the requests of the community to change the transition that is nearest to residences to lower not only the height but to change it from our condo into a townhome so it's going to 2 stories directly abutting residents and the orchid farm. Talk to me about the rental structure of this project, will there be any opportunities available here? >> there might be, we pivoted to the townhome and it was multi family, it wasn't the rental community in its entirety. What my client and I discussed is ultimately subdivided pretty , plat it so those townhomes can be sold. Obviously we would have a fee simple plot lines, that's its intention to do it that way. It might be, we think there's good arguments for having a rental townhome community for the time being because the reality is lennar or building townhomes in the area so if they need space, one that backyard, renting a townhome has merit and it would be designed and planted in a way that it MAY ultimately be sellable. We will design it in a way where we say later on we do it in a way it can be sold. So recently we want to kind of see how the market evolves but we want to preserve that option . >>commissioner cohen higgins: you also mentioned there is a large frontage to our busway which would also mean a large frontage to the south the trail and the project to the north end is abutting one of our stops for the bus rapid transit but south of that for the almost mild this project will take up are there any access points to the south dade trail? I.E. If I wanted to access that to ride a bike or push my kids in the stroller is there any access points to the south dade trail along that property line? Property to old dixie so to the vehicle or road and the trail as I understand it is to the east of that , runs parallel with the busway. You can walk out of our property and our insurance point is kind of in the middle where we did that strategically to capture as many residents as we could and you can walk up along the sidewalk on our sde of the street and cross to the trail in a safe manner. There is no, from where we come out to old dixie there is no way to cross near to the trail because it's blocked and it would be highly unsafe to anyone as if they were going to catch a bus can come out of our property onto a sidewalk, walk to the north. That's how we envision that but we do want to provide connectivity. >>commissioner cohen higgins: thank you for that explanation. The location of this 15+ acres being directly on our transit way and in or rapid transit zone and quite frankly the ability to build quite a few more units than what you are doing in the concessions you have made with the neighbors and respect you have given to the neighbors and neighborhood and I would like for you to see something built like we talked about before. We've done projects in the area that are designed and aesthetically fitting and respectful of the area recognizing the unique nature of the redland and the south will I trust the design will be te same and this cookie-cutter concern as far as the design will not be applicable to this project class if I MAY because I was in a rush, an additional commitment we've made to the neighbors MAY have been buried somewhere that I want to highlight to that point is our site plan does open areas both at our southwest corner which is 157 and basically the busway or old dixie, we call them focal points, we made a commitment to the neighbors it's not just a side field, just grass, that we will work with them to find something emblematic as they put it, it's the entrance to their community. It's all a lot of things. We are more than happy to work on those 2 focal points, not just the architecture but that we don't leave to sodded fields. It speaks to making sure we can build something we can all be proud of . >>commissioner cohen higgins: I look forward to you continuing to work with the neighbors on this and you know you go and hopefully our residents do as well that when you make commitments before the board particularly on the record residents come back and say to me that for whatever reason dumping has not been held up on your end we will start getting calls in our office so I appreciate that commitment and take it to heart and in light of the fact our planning advisory board accepted this application, in light of the fact that it's different from the indication that came before us and all the other considerations that have been discussed this morning I do move this application consistent with staff's recommendations. Vacuum MR. Chair. >>vice chair: we have a motion by commissioner cohen higgins, seconded by commissioner higgins. Anyone want to clarify anything? >>county attorney: this is a vote on the cdmp component to adopt with covenant pursuant to staff's recommendation. >>vice chair: that sunds accurate. Any discussion, you are recognized commissioner higgins. >>commissioner higgins: I know we've been spending years trying to get rid of the word old dixie, south dixie and can you all look at whatever roads are around us and if we can rename them to get rid of that reference, I'm happy to work on it if you are amenable. >>vice chair: is that germane to this item? I don't think that's germane to this item . >>commissioner higgins: well, we did and we have had over the years hence we renamed a large chunk of south renamed a large chunk of s. Dixie hwy. To harriet tubman it look took a while for zoning applications to name the roads but every once in a while we find that chunk of road that hasn't been renamed and once every two years I fixed the smidgen that have not been fixed I'm happy to do this if it allowed by law . >>vice chair: you just have to do it administratively? You are recognized . >>commissioner cohen higgins: that's a good point. In this application although some of our residents just by having MAY refer to it it's named south dixie llc, our location identified in our application is identifying 2 80th st. Between 1 57th avenue and harriet tubman highway. So we got it on our paperwork from the county's perspective in this particular application, I think it's an iportant point and I appreciate it . >>vice chair: everyone is happy. We have a motion, have a second, all in favor, any rollcall on this one? Please call the roll . >>clerk: commissioner bastien. Commissioner bermudez. Commissioner cabrera. Commissioner cohen higgins. Senator garcia. Commissioner gonzalez. Commissioner hardemon. Commissioner higgins. Commissioner mcghee. Commissioner steinberg. Vice CHAIRMAN Rodriguez. Motion passes unanimously . >>vice chair: MR. Director, do you need to read anything again or item 8a4? The companion item? If you need to go ahead . >>county attorney: item 8a4, south dixie llc, application see 200-3200, no protests and no waivers of support for this application. >>vice chair: commissioner from the district you are recommended for emotion. >>commissioner cohen higgins: I move the item. >>vice chair: seconded by commissioner higgins, go ahead . >> per the zoning director the administration wanted to add one additional condition which would be the applicant submit a site plan consistent with representations in the government . >>vice chair: commissioner from the eighth district, if that's your will. Motion in the second, any further discussion. The roll. >>clerk: commissioner bermudez. Commissioner cabrera. Commissioner cohen higgins. Senator garcia. Commissioner gonzalez. Commissioner hardemon. Commissioner higgins. Commissioner mcghee. Commissioner steinberg. Commissioner bastien. Vice CHAIRMAN Rodriguez. Motion passes unanimously . >>vice chair: congratulations, have a great day and thank you to the residents that came out. Attorney, let's take item 8a2, go ahead . >>county attorney: southwest 1015 1st avenue property application the 202-3000 202-300-0404. No protests, no waivers for this application and we did distribute a covenant for this application . >>vice chair: thank you MR. Director and public hearing was already heard so we won't be doing that today. The applicant is there, how much time are you going to need ? >> hopefully a minute and a half and I'm here to answer any questions. >>commissioner higgins: I received a new declaration of restrictions which is very reflective of the comments that I made on the record and I appreciate you moving the workforce contribution to 120% . Also appreciate the transit public benefit contribution of $575,000 and the work you've done with dtp on making sure signals are there so I'm happy to move this item with the declaration of restrictions being received if that's okay with you . >>vice chair: motion by commissioner higgins, second by commissioner cohen higgins and any further discussion, seeing none, we need a rollcall, mdm. clerk please call the roll. >>clerk: commissioner cabrera. Commissioner cohen higgins. Senator garcia. Commissioner gonzales. hardemon. Commissioner higgins. Commissioner steinberg. Commissioner mcghee. Commissioner bastien. Commissioner bermudez. Vice CHAIRMAN Rodriguez. Motion passes unanimously . >> please take my name and address for the record, 333 southwest >> please take my name and address for the record, 333 southwest akin ave., thank you. That way I can prove I was here . >>vice chair: you have earned your money. You've just now earned your money in that moment. MR. Attorney let's take item 8a3 and if the developer wants to read it item into the record . >> 848 brickell, 2020 >> 848 brickell, 202-0423 , no protests and no waivers of spport for this application . >>vice chair: public hearing was already heard on this application as I understand. So all right, and the only reason we are not deferring is because this is actually at the podium so who is this new attorney? Podium, how much time are you going to need? >> that I suppose depends on commissioner higgins. >>vice chair: you have the floor to decide how much time he's going to need. >>commissioner higgins: now that you're one of us I guess I can't call you dennis anymore. Last time I was here I asked terry specific questions about coordination with the neighbors, about making sure the garage was signalized since 1000 car garage opening on brickell avenue with cars just popping out of the garage and hanging out on the sidewalk is not going to work. There was also I think some questions about pedestrian street flow. I have not received and then as I think you all are very much aware I also put comments in the record that the public benefits contribution was very much not comparable to both your next door neighbor that was just approved at another metro mover rtz items so and I have not received anything else in writing or do you want to explain why I haven't? >> yes commissioner because we are here to explain the steps we've taken his last hearing and let me introduce myself, dennis curbelo with offices at 98 southeast his last hearing and let me introduce myself, dennis curbelo with offices at 98 se. 7th st. Week 103 3131 representing the applicant 848 brickell and I'm joined by my partners ben hedrick, colin gore such as the vce PRESIDENT Of 848 brickell, are architect greg smith and our traffic engineer. now we urge your questions at the last hearing and we in fact have met and our traffic engineers have met between 848 and 88 brickell. And I could have MR. Gallant to explain to you you have concerns about the traffic circulation, the short answer is our garage is designed to that there is no security gate on the ground floor which will avoid doing issue that I think you're concerned about. You had also asked us to coordinate the proffered public benefits improvement between the two projects and we had done that. We are prepared so we are correlated with a 40 and allocated was going to be responsible for what. We are prepared to submit that we think it might be best to handle that for the spr because the department of transportation and public works has been involved in the coronation. But we can provide a revised company secifying improvements we will be responsible for. And we also believe that our $1.1 million contribution to the rfi improvements provide significant public benefits in addition to the economic benefits this project as an office project will provide in terms of jobs and support for the local economy and the creation and expansion of local companies and accommodation of companies relocating from other parts of the country. So with that we are open to any questions you MAY have, I can have the traffic engineer explained the solution if you'd like more information but we would request approved this project in accordance with staff recommendation. >>commissioner higgins: my understanding to staff is there was no declaration of restrictions included with this packet. >> redistributed a declaration that would increase the contribution. We were contributing at the last hearing 500,000 and probably recall the discussion at the last meeting is about some improvements that public works wanted to see constructed. And rather than doing that construction the applicant in the covenant that was distributed with the packet did cost calculation and increase the amount from 500,000 to 1.1 . >>commissioner higgins: they don't really know what it costs to build improvements because I did see that draft agreement in and clleagues, there were things they said the county MAY use $600,000 to do things like stepping across the crosswalk in an alley so the residents out there build the users can walk out. A stamped crosswalk to something if you want to stamped concrete you do it yourself that's not apublic outfit. That's just how we lay concrete. It's, that's not a public benefit . i think I would like to see some of the traffic things but I'm certainly extremely uncomfortable approving this without seeing sort of the plan, basic outline of the plan for coordination with 848 and let me colleagues, this is going to be a large building. Correct me if I'm wrong but it's 50+ towers, 1000 our garage. Their last proffer was 500,000 in community benefits and let me be very clear, when private property owners want to come into the rapid transit zone before we move that ordinance, we sit down and have a very detailed meeting. Because they don't get any more density. The city of miami in this area gets plenty of density and the county does offer some benefits by being in the rapid transit. Most prominently are pretty amazing permitting system in comparison with some of the municipalities especially the city of miami which can be very lengthy. But in order to participate in this process, w have in our code proffer of community benefits that should be commensurate with the scale of the impact on our transit system on and on our neighborhoods. And also when I meet with these applicants I sit down carefully with them and explain what's different between our code and the city of miami stood really are much more strict about trying to make sure these buildings are better for pedestrians and better for cars meaning the traffic management has to happen off the street and I think to some extent in this, this is being accommodated for but I want to just give you a sense of the previous applicant that I just approved which is a much less dense, it's a residential building so won't have nearly as much our impact. Their community benefit contribution total ,they have workforce housing which in brickell when you limit the amount of rent spend, we've been trying to evaluate at about $100,000 a unit in proffer so that's 2 and a half million dollars in community benefits they've proffered and proffered $575,000 in transit improvements so they are well over $3 million for much less dense for intensive applications . The next door neighbor to this application , 888 brickell , the lot size is one third the size of this lot size gave $1.5 million in transit improvements . So what you can see is I received a document that still is at $500,000 in benefits and they made the $600,000 which is stuff they're supposed to do anyway. I don't have anything in writing about saying how are they going to coordinate this to very large buildings in brickell, there's often two very very large buildings on lots next to each other but it's nice if everybody talks to each other area is going to become one city block these two buildings together so the coordination between them will matter not only to the residents and people who work there I think to both of your buildings are going to be better off with this. So there's just a lot I see on unfinished year and I thought by deferring for one month I would get an updated traffic report and I would get documents omitted with this information and I really haven't. So I'm very hesitant to approve this today. >>vice chair: you are recognized . >> the 600,000 are off-site improvements, none of those are on our property directly so the increased proper was 1.1 million, 500,000 it was previously discussed was for the station improvements. And then the remaining 600,000 would be for off-site improvements which are the stamped concrete and crosswalks at intersections of self west brickell plaza and let me pause there and explain how we agreed with 888 to allocate this. Between the two of us. So our client would be responsible for the pedestrian improvements along brickell plaza sidewalk improvements along southeast 10th to brickell plaza and single analysis if warranted installation of the traffic signal brickell plaza and 10th st. Brickell plaza and 10th st. 888 would be responsible for the pedestrian improvements at southeast street, sidewalk improvements along 10th st. East of the alley to brickell avenue and signal analysis installation of a traffic signal at se. 10th st. And miami avenue and we have a revised covenant that would provide that area to the extent that they don't provide or to the extent they do provide it but the money can be used for other improvements in the area that the dpw MAY designate so the county will get the 1.1 million. And we think that's appropriate and as to the traffic again , if I can have the traffic engineer, and explain our site selection process . >>commissioner higgins: you said a lot of things which we should have in writing. We all have to make these decisions. So colleagues, I'm not going to go ahead and commissioner, I'm not the chair. Commissioner hardemon you are recognized. >>commissioner hardemon: commissioner begins I admire your tenacity and diligence in ensuring you have housing community benefits in all of your agreements. That's something I'm very much used two in other places and in the county I find it less prevalent . Accept when I see in your district, especially in places it's coordinated. I wish we had those benefits in other areas so that being said I would ask when would you like this to be deferred to? >>commissioner higgins: let me ask you this because I defer to the meeting only expecting that I would get something for and I did speak with the attorneys this morning and I know they had reached up earlier in the week and have not gotten any response to their comments I believe on this declaration of restrictions. I'm not ready to approve this for this to come back I would like a full, I want your traffic report written out with all kinds of pretty documents that I can look at I in advance and read it carefully. Correct me and if there is sort of at least some basics of a plan for coordination between the two sites next to it. The fact that you and 848 did lead out how you're going to pay for street improvements doesn't mean I agree with that. That's very nice but I need to see those. I would like to I think move to differ. Would you be ready at the next meeting with something that isn't, no offense, you standing up there but something I will have been able to look at them and asked questions for at least a week in advance . >>vice chair: dnnis, give me a second before you answer that. I'm observing here and of course commissioner would be supportive of a deferral given that I've often deferred to the district commissioner for things like this although not necessarily on this board but I want something now on this item. I want proof from the applicant and I know you have to do it through staff because it's a zoning item but commissioner is saying she asked you, ask the attorneys a specific question that you all said no to. I'm seeing applicants nodding their heads that that's not true but they did provide all of the documentation to you all. Someone is right, someone is wrong. I want the truth because now we are going to defer an application, that cost them a lot of money based on this decision that if the commissioner had this information, she MAY be making a different decision today. So again while I'm supportive of the deferral today it is important to find out whether they provided this to our administration or not. Dennis, you MAY now answer the commissioner's question and perhaps mine in the middle of it all. >> we did submit and it's in the kit the revised covenant. The allocation we had understood from the last meeting commissioner begins wanted us to come back and explain ourselves in this hearing. We didn't think it necessary, didn't understand the question to resubmit a fully revised traffic study. I have a graphic that shows it was going to be deferred anyway so I don't want to belabor it but we didn't do the coordination and had a meeting with 848 brickell and did present this morning. We understand she wants more than that in advance so we will provide an updated analysis to staff that can be distributed in advance of the meeting so it can be incorporated in this next staff report. >>vice chair: you are recognized. >> at the last bcc meeting we had an amendment from public works that asked for the construction of certain improvements and between that time and now what we received was the covenant that's in your case today that does not include construction of those improvements, it includes a cost regulation. >>vice chair: commissioner, continue with the deferral? >>commissioner higgins: I am not comfortable yet. The presentation, the clerk has hit? >> the powerpoint has been uploaded . >>commissioner higgins: I will look at it also again. I'm able to do that right to the attorneys? >>county attorney: can you review your question? >>commissioner higgins: we don't have to share the powerpoint but I can look at the powerpoint now that it's been entered into the record. I will do that then, thank you . >>county attorney: if it's appropriate can I clarify one of the things related to the coordination with the neighboring project? >>vice chair: you are recognized. >>county attorney: my understanding of what the commissioner MAY want to see is something in writing that's submitted in advance to the zoning director and can be distributed as part of the kit which details what that coordination, one that proposed coordination would be. So that if it's something the board can view in advance and my understanding also from the administration is that they, they would like to see any submittals also in advance of the hearing so they can distribute it to this board and review it from a substantial perspective. >> if we could get al documents within a week that would help us on any new documents MR. Chair to avoid having this discussion at the next hearing I will give you the list that we actually do the construction area we would ask that we be able to do a contribution because these are off-site improvements in the city of miami restriction so we would prefer to make the contribution and not be responsible for the timing and construction of the permit process that's not controlled by the county. >>vice chair: commissioner begins. >> if you look at the application I just approved that applicant will be making the street improvements. And going through the very arduous process of working with the city of miami so we would be expecting the same from your applicant, thank you class I wanted to have that discussion now . >>vice chair: motion to defer with all the stuff requested and the county's attorney's office has reiterated. Second by commissioner mcghee from the back of the room. And we have any further discussion on the item? That is to the next meeting if you are prepared. Yes. Mme., MR. Clark please call the roll. >> clerk's office has received notification . >>vice chair: it's a deferral, it would have been a rollcall but all in favor signify by saying aye. Item deferred. Sorry MR. Clark, I know I ruined your moment there. All right MR. Attorney, let's take item 18 one, do I need to read a statement? >> 11341 application number z2023 z2023000 z2023000264. We received no protests and no waivers of support for this application. >>commissioner hardemon: is the applicant present? >>vice chair: give me a second, I need to open public hearing. I have no applicants, no speakers, sorry. the public hearing is now closed and the applicant , give me a second commissioner. Are you going to ask a specific question. Questioner. You can introduce yourself for the time being with no presentation until the commissioner decided. Go ahead, name and address for the record and say that you are. >>speaker: sergio perry knows, 261 number 304 coral gables florida 1134 . 133134. >>vice chair: your relation to the applicant . >>speaker: I am representing the applicant. You are recognized for a presentation, how much time are you going to need? That works. You've got a minute, go ahead. Quest the application is similar to a series of applications I have, recently. In fact there are three other parcels of wanting this property that had already been rezoned to the same zoning district we are requesting. This one in particular the current zoning is ru-2 of the property is 44 acres, the application consistent with your comprehensive plan and you do have a recommendation of approval from your staff which obviously we are fully in support of and we appreciate. With that we are not aware of any opposition at this point. If you have any questions I am more than happy . >>vice chair: commissioner you are recognized. >>commissioner hardemon: I move to defer the item class iind . >>vice chair: motion to defer, there's been a second. Any further discussion, seeing none, all in favor say 21. All opposed say nay. Item is deferred to the next meeting. >>county attorney: the next meeting is that NOVEMBER 21 bcc zoning meeting. >>vice chair: your item has been deferred, let's take a item 8c2 . >> to venture capital, z2023300265, no protests and no waivers of support for this application . >>vice chair: do you want to defer it before I open public hearing? You have the floor. >>commissioner hardemon: moved to defer . >>vice chair: moved to defer by commissioner hardemon, seconded by commissioner higgins, no further discussion, all in favor signify by saying aye. All opposed say nay. Show the item deferred. MR. Attorney let's take item 8c3. >> 21 6/4 application z2023000319, no protests and no waivers of support for this application . >>vice chair: we are going to open up public hearing and I do have speakers signed up. They can approach . >> offices at 771 brickell ave., all the people speaking are in support. I don't typically have the opportunity to do staff recommendation and I'm excited to do that if I MAY I wanted to see if I could rely on tasks recommendation with respect to this application. Thank you so much and I would love to hear the board's response . >>vice chair: is appreciated but can the speakers at least wave that is accurate information, not that we don't believe you but yes, speakers. Can you wave, nine, something in support. Great. Public hearing is now closed. MR. Applicant you have set your piece. Commissioner from the ninth district . >>commissioner mcghee: one of the finest commissioners is standing at the podium and he realized something in the courtroom MR. CHAIRMAN that he just gave up his opening and closing argument allowing for us to comment and finish them off so that now that he can't robot anything that I say I'm going to ask that we defer his item. I want to see you blush again, that's all. MR. CHAIRMAN, MR. CHAIRMAN pursuant to staff recommendations I move that we approve this item subject to the board's acceptance of the proffered company and approve the conditions of request two through five and that's pretty much it. >>vice chair: anyone wishing to discuss the motion. Seeing none, MR. Clark , call the roll. Confusing me there. >> clerk's office has received notification commissioner regalado will be absent from today's meeting. Commissioner cohen higgins. Commissioner garcia. Commissioner gonzales. Commissioner hardemon. Commissioner higgins. Commissioner Mcgee. Commissioner steinberg. Commissioner bermudez. Commissioner cabrera. Vice CHAIRMAN Rodriguez. Motion passes 11 to 0. >> congratulations. I think we're down to our final item, ac four, MR. Director read your statement onto the record. >> jamestown ccp application z b application z2 euros 300-0501, we had no protests and no waivers of support. >> I'm going to go ahead and open public hearing that we don't have any readers signed up to speak. So MR. Applicant how much time are you going to need? Name and address for the record and you have 30 seconds. >>speaker: offices at 333 se. 2nd avenue coming in to enhance and beautify and make some much needed improvements to the country club was a shopping center and the request is to come in and update the site plan for that shopping center that includes quality landscaping and enhanced parking facilities and operationally some enhancements to the existing publix and cds to serve the residents in the area and I have a staff report here. >> for the record public hearing is now closed and commissioner from the 13th district you have the floor. >> I haven't been able to see this but curious as to what other enhancements we are doing. We had a cds and we have a publix, what are we doing now when you said the enhancements with greenery, what are we doing with greenery as well. I think I've been on this board before when we look at the trees that we have and make sure they're not just palm trees, palm trees are great but she'd trees are very important so what is it we're doing . >> I appreciate the opportunity to clarify that. But currently the shopping center has not been remodeled in quite some time. We have a publix and cds and vacant gas station that has not been used in years. What we've done is we've been working cvs and publix as it is not the size that it needs to serve the residents. The idea is the public will expand into the area where cds is at and remove some of the tenants around and replace the gas station and roll out the cds that has a drive-through so we make those descriptions a lot easier than having to walk in those are the main improvements to the shopping center area I think there's a net gain of only 5000 ft.B2 so it's not a big expansion of the shopping center operationally but publix will be much better suited to serve the residents and we're going to have a dedicated drive-through at the cds. >> we're not losing parking spaces but what we're doing is we are reconfiguring the parking within to add additional landscaping areas, landscaping has needed to be replaced as part of this project and we're adding, I can get you the number but never g