Miami-Dade Board of County Commissioners - Zoning

his opening statement and swear any speakers in. >> all items have been legally advertised in the newspaper and properties have been posted. Additional copies are available to be heard by agenda number and the record and file of each application will include documents from the department of regulatory resources and whether there is an appeal from the zoning board we also have to transcript from those hearings. All documents are available to all interested parties and available to the board of county commissioners who MAY examine these items during the hearing. This statement along with the fact that all witnesses have been sworn shall be included in any transcript . There is an official translator present for those individuals requiring assistance. With the clerk swear in any witnesses. >> please stand and raise your right hand . Do you solemnly swear or affirm the testimony you are about to give is the truth, whole truth and nothing but the truth so help you GOD? Thank you. >>. >>vice chair: MISTER Director do we have any referrals or withdrawals. >>county attorney: we have two deferrals which are items 1e and 3a. We have richard glass, 2002 00298 . >>vice chair: would you like to speak? >> my name is javi vasquez on the richard glass matter. We would like to request the deferral with leave to amend this application . >> this is in your district . >> I moved to amend. >>vice chair: do we have a second, second by commissioner bastien. Is it a rollcall? Dignified by saying aye. All against, nay. Show this item the third. >>vice chair: MISTER Director we now have 3a in deferral as well? >>county attorney: 3 as well. Just to note we did receive two speakers. We did receive 2 speakers. Not on the application side for members of the public. We have absolute discretion however they are requesting a deferral . >>vice chair: does the same rules apply for them if they speak today they will be able to speak again? >>county attorney: if you close the public hearing and defer it would be at your discretion it sounds like there MAY be changes to the application. >>vice chair: I didn't mean to make you drive over here for nothing but this item is deferred, is there a presenter wishing to speak on the deferral? >>county attorney: the applicant is here. >> zoning hearing the age 22 b 0125 . We are working with zoning processing trying to reach an agreement so we are requesting a deferral with leave to amend. >>vice chair: commissioner from the eighth district. >> the two members from the public that are present if they would like to speak I'd like to give them the opportunity to speak. It's quite a drive from south dade in district 8. >>vice chair: I have only after him nunez followed by luciana . >> if we open the public hearing now it would not be open when the item comes back so are you okay with that? >> we would rather have the discussion when public hearing comes up at the next meeting. >> I moved to amend this . >>vice chair: second by commissioner bermudez, signified by saying aye. all against, nay. Motion carries . MISTER Attorney let's take item 1a . >>county attorney: item 1a, no protests, no waivers . >>vice chair: we have one speaker, efrem nunez. State your name and address for the record. >>speaker: I'm sorry, I didn't hear the item, which application is this for? >>vice chair: this is for 1a. >>speaker: I think they log me in for the wrong one. >>chair: >>vice chair: I have no public speakers and is the applicant's present? How much time do you need? >>speaker: five minutes. >>speaker: I should say 10 . >>vice chair: five is better. >>speaker: melissa tefenos representing 1/20 street llc as applicant and owner of the property. With me is principle of lumber and hardware tony gacciola as well as kimberly horn. Here it is on 1/20 street. It is right across the street from kndall miami airport est of 137th avenue with where london square shopping center is and I will cut to the chase. It's zoned b1a so that's the difference between the staff recommendation and our approval . Today it's vacant land and what we're proposing is a hardware and lumber store that has 2000 square feet of retail showroom and 8000 square feet of product storage as well as 16 parking spaces. Our request is we have an alternative so two options. First is what staff is recommending which is district boundary change to iu1. In the alternative what we've asked for his non-used variants to provide for 16 parking spaces instead of 41 parking spaces and the modification of the underlying site plan and covenant . As you can see the issue is that these zoning regulations for bu1a trigger the parking requirement when actuality if it was zoned iu1 as staff is recommending that only nine working spaces would be required because it's limited retail showroom and all 8000 square feet of product storage . The issue with why we would prefer it to stay bu1a is that's what the zoning is today . But that rezoning to iu1 eliminates the need for the parking variant we understand staff's recommendation because we represent the and user is preferable to keep the bu1a zoning district for future tendencies etc. . They would have to come back for any variances at that time change of use. We did a parking study using a surrogate and had a hardware and lumber store in tampa. There's 21 locations and kimberly horn stood out there and counted that parking demand was and it was nine parking spaces . This is a small retail showroom with 3000 square feet and the rest is product storage. So this is the modification of the site plan to just allow a new site plan . The modification for company to do away with the 4000 square-foot maximum, that's at the time in 2005 bu1a. This covenant was proper and limited hardware stores to 4000 square feet in order not to have big-box retail and small property. It had to be comparable consistent with the comprehensive plan providing neighborhood serving retail this retail area is 2000 square feet so it definitely complies with the concept here but this is a unique use . In fact we're okay with staff recommendation to rezone to iu1 consistent with the plan designation industrial office although we would prefer to stay bu1a and modify the site plan: . We're available for any questions and I did that in less than four minutes. >>chair: >>vice chair: the item is now closed. Commissioner from the 11th district. The folks for coming down and that this point I'd like to approve as per staff recommendation . >>vice chair: seconded by commissioner higgins. Any discussion on emotion, commissioner regalado . >>commissioner regalado: nathan, if you could give us your two cents on the parking issue. >> when we do one for every 250 square feet based upon the size of the hardware store storage area there only producing 16 . We see that as excessive . >>commissioner regalado: I don't know if you have anything to say on the parking. >> I understand their point of view . It is a 10,000 square-foot retail, this use is not that so that's why we would prefer the bu1a zoning. They went through the rezoning process in 2005 but we understand. We want to start construction for lumber and hardware store and that's our claim. >> there's always a weird nuance so here's the nuance . If it's approved under iu1, the way they're laying out their site this is not like a hardware store that operates like home depot where it's mostly shop front. This is mostly storage sale room wth a little bit of storefront so when we do calculations as industrial use, it does meet those calculations but if the property is maintained as a commercial site and we build a hardware store that is converted all into sales room where the parking could be exceeded . If the project is approved or the parcel is approved as iu1, they can still move forward . They don't need the various under bu1a it opens it up for them to have more intensive use . That's the difference between this and industrial use . We believe their facility is industrial use . >> if we stay iu1 and where modifying the covenant and the resolution for the specific site plan the site plan would have to remain the same otherwise we would have to cut that amount. I understand staff's position as many of you know in community councils they prefer us to get variances or ask for the site plan rather than do street rezoning. You'll see that a lot from the zoning practitioners to give the choice . >> I understand the issue and we want to plan long-term I would say on this one in order to change the use they would have to come back and maybe we should consider splitting or you're shaking your head. It's not quite right to change of use would have to come back saying if we're going to hold them to that we could do all retail at one point. If you're limiting it, nathan, yes? >> if the board is going to go with the bu1a business use you would have to tie the non-used variants specific to this use only so if they do convert they would have to meet parking and if they don't meet parking they would have to come back for a variance. >>commissioner regalado: I leave it up to the commissioner of the district . My concern with creating too much parking is it eventually gets used somehow . Either it becomes a place where people don't stop or gets used by neighboring places . That's my only concern with more parking than you need and if they're not going to be using it as retail, we could increase it . We could go a little bit more if we are concerned about but I would be inclined to the last parking unless you think it's going to turn into a retail and we want to go with 41. >> this property has a cross access easement so they can share parking as well . >> I believe there are other areas within their that do some retail, correct ? >> within this immediate area there is an appliance store that is mostly industrial, it's iuc. >>vice chair: I'm going to recognize the commissioner on the 12th district has been waiting. >>commissioner bermudez: I'm going to support the motion as it stands but I share some concerns and I think she wants to get the process started as I understand it . I also nathan just to your concern on the parking obviously is if we're not going the route we are going now which is subject to recommendation and we take the other option there's the possibility at some point there would be a need for much greater parking to have a different use. >> correct, there would be retail uses. >> which I definition would require much more parking than the limited amount of parking. We would have the problem we're having all over the county in some cases where there's nt enough parking and then people park on the swales and on the sides. I'm not going to say it's your fault but it does happen. I'm going to be supportive of the motion as made by the commissioner. I just think it would be concerning that this would go 7000 more square feet of commercial with limited parking . >> I have a quick voice. >> I'm going to go with her and you can close it off. I don't mean to be devils advocate. If the use is not retail , they don't necessarily have to build out the site plan. We could build out the area for parking. We could use that for storage or something else. Later on if it would move to retail if we make sure it cmes back it would have to come back to us. Then they could add parking. If there's a parking issue in the area then more parking is beneficial for everyone then obviously go down that road . But if we look strictly at the use that's being proposed right now and the parking, I get concerned when we go down the slippery slope and say we're going to assume the highest use and how you do the most parking. Because it creates an issue with the security and other people coming in to use that parking if that use is not going to be using parking. That's my two cents . I understand commissioner bermudez! But I've been in this area. It's not an area where you have issues with parking. Unless something has changed . It's not like some areas I represent on the side. I don't think more parking is always better . I think it depends on the area and what we're trying to make but I'm happy to support and I think it's a novel situation where where assuming someone is going to take it to the next use so we are requiring parking . >>vice chair: commissioner of the 11th district . >>commissioner gonzalez: I appreciate all the comments from all my colleagues and commissioner from the seventh district you are brilliant and you're always looking for those things looked thinking outside the box. I understand your point completely I also have to say knowing how that area is developed and knowing where the area is going when we talk about how the airport is going I see commissioner bermudez! And I have considered that as to where in the future this could quite possibly and I'm not saying that's the intention but by any means I would like to see you stay there a long time but I do see how there could be a possibility where that could change in the future and bring in another retailer and at the same time seeing as where that specific area is going as far as development goes and progress goes I'm going to have to move for staff recommendations. >> MADAM Clerk, please call the role. >>clerk: [Roll call vote] Motion passes 11 to zero . >>vice chair: that concludes our zoning agenda. Is there a motion to adjourn. Seconded . All in favor signify by saying aye.