Miami-Dade Board of County Commissioners - Zoning

going to start with cdmp, we're to start with zoning some zoning people we're going to start with zoning. >> MR. Chair at this time the zoning director will read the opening statement. We don't have cdmp district commissioners here. Morning MR. CHAIRMAN, commissioners, eric silva, rer. All items to be heard today will be legally advertised in the newspaper. Notices have been mailed and properties have been posted. Additional copies are available in the chambers and heard by agenda number and applicant, please note board action on any item of today's meeting MAY be reconsidered and additional action MAY be taken on such item to the same meeting. Applicants and members of the public MAY wish to govern themselves accordingly. The recommended file for each hearing on each application will include documents from the public, agencies, regular economic and regulatory resources and where there's an appeal we have the transcript from those hearings. All documents are physically present today available to all interested parties and available to members of the board of county commissioners. You MAY examine these items during the hearing. The parties have the right to cross examination. This statement that all witnesses have been sworn in shall be included in any transcript of these proceedings and in addition there is an official translator present for those individuals requiring such assistance. Will the clerk these swearing witnesses . >> stand and raise your right hand. Do you solemnly swear the testimony are about to give is the truth, whole truth and nothing but the truth so help you GOD? Thank you, yu MAY be seated and interpreters please raise your right hand. Do you swear or affirm you will make a true interpretation of the questions asked and testimony given? Thank you. >>chair: scanning the room I know we have three and nine and seven on zoning so let's start with seven because we don't have three and nine here right now. Commissioner regalado. >>commissioner regalado: thank you MR. Chair. Is there anyone here to present? >> through the chair, would you like me to read the deferral into the record? >>commissioner regalado: everyone is here but who is requesting a deferral question the deferral came from the applicant, the applicant is here . >>chair: so the applicant can request a deferral themselves. You are recognized . >> melissa tappan is s. Biscayne blvd. On behalf of the applicant for item 2 a. We requested a deferral because we have negotiated in good faith with an association representing the neighborhood. We have a private covenant as well as a settlement agreement . We were informed last week that there was some opposition from the neighborhood. Here we have reached out to them and asked for them to meet with us. Specifically would like to meet with them regarding... Everybody with the rules and procedures by which we will govern ourselves. You will not speak out from the audience. That. We will exercise all due date quorum in these proceedings. If you dislike something somebody is saying you can do this and you can frown, if you like it you can do this and you can smile. When it's your time to speak to come to the microphone, give me your name and address and I will let anybody speak out while you're speaking. That's what we're going to do, continue. >> we would like to meet with these other property owners in the area regarding our MAY 31 zoning verification letter. We think that would bring context to our proposal that will help inform their ultimate decision whether to oppose or support their neighbors in this settlement agreement so we are asking for SEPTEMBER. But are here to present. >>commissioner regalado: thank you. I don't want to open the public hearing but I also want to give them an opportunity. I think they should me but I see people shaking their heads so it's always better if you meet at least when we have the hearing we can say everyone had a hearing. If you do not agree at the meeting we will take it up during the public hearing. I don't want to open the public hearing because that means we can't have public hearing when we was in to the item in SEPTEMBER so I appreciate everyone is here but if we open the public hearing and everyone speaks now that means it's harder to speak in SEPTEMBER. If you want to pick one representative... That's the issue. If we start opening the public hearing >>chair: commissioner hardemon is here, let's go to the item in his district if we can then you can step down and talk to them at the back of the room . >>commissioner regalado: but it's a jennings issue. If we can have the attorneys explain jennings because that's our issue . >>chair: commissioner hardemon is looking at me because I believe the jnnings issue is recommended by the rule which says you open to people and you can still be objecting in determining that matter so you can keep it at that so we don't necessarily subscribe to that but however you want to do it but we're not opening the door for public comment if we're not actually going to hear the item . >>commissioner regalado: are the attorneys good with that? >> it's the will of the board how to address this item, if the board does want to defer it the SEPTEMBER bcc zoning meeting is SEPTEMBER 25. If the board , I'm not sure if the board wants to take action on this item . >>commissioner regalado: I'm happy with deferral. The residents are here so my concern is I want them to speak . If I go down there and them then I have to disclose that as part of jennings and that means I could be prohibited from voting on the item if there is an issue with that, correct? >> that's correct. >>commissioner regalado: that's what I don't want . >> of course we do advise it is possible to disclose, however it would be up to court in the future if it was challenged whether that was sufficient, whether that was sufficient so I think our cutious advice to protect your ability to vote on this matter would be to have the discussions be at a publicly noticed meeting like the bcc zoning meetings . >>commissioner regalado: to protect the residents I'm going to defer without going down there. You have to meet with them, that's kind of, yeah what they're saying that they had met with everyone. So that's kind of our issue. So if there is a group that I had met with, were going to give them the deferral so they can meet with that group and opened the public discussion and everybody can come. The problem is if I open the mic so you can speak we can speak at the next meeting so I would rather everyone speaks when we're actually voting then speak now. We can't do it today because I had met with eeryone. I know, but you're not the only person, that's our issue. >>chair: commissioner, hold on . >>commissioner regalado: we will have to defer . >>commissioner regalado: all those in favor of deferral say aye, show it deferred. >>commissioner egalado: they have to meet with everyone and then we will take it up, I'm sorry but we have to . >> I wanted to announce this item has been deferred to the city SEPTEMBER 25 meeting and this is the notice. With respect to the item that's in district 3 ... >>chair: take us into cdmp . >> through the chair , MR. Chair there are no changes to your zoning item for that same cdmp? >> show us recessed . >>vice chair: let's move into that zoning item, MADAM Attorney. >> this is item 1c . >>vice chair: MR. Director can you read any remarks in the statement to the record. >> item 1c, 585 northwest 54 tdr e application 203412. No protest and no waivers . >> commissioner from the third district you are recognized to move the item . >>commissioner hardemon: do I need any specific language besides moving it into approved? >> it would be approved with acceptance of the proffered covenant. >>vice chair: moved by commissioner hardemon, seconded by commissioner higgins, MADAM Clerk please call all . >>clerk: [Roll call vote] Motion passes unanimously . >>vice chair: we're going to recess zoning and move back adjourned. We will now take up 3c which is a companion. Director. MADAM Attorney. Whichever one. >> thank you, rancho brontc castle rock farm application number z2023000 z2023000438 . No protests and no waivers of support for this application . >>vice chair: public hearing was already heard in cdmp, commissioner from the third district. >>commissioner steinberg: I move consistent with staff recommendation . >> through the chair just in addition to staff recommendation which includes acceptance of the proffered covenant my understanding if the applicant needs the 30 day condition to submit. >> we need to reexecute. >>commissioner steinberg: my motion includes the amendment. >>vice chair: MADAM Clerk please call the roll. >>clerk: roll call vote] Motion passes unanimously. >> congratulations to your client . >> we hope you all have a relaxing recess . >>vice chair: mdm. Attorney I guess 1 a. One a. Guys, what are we doing here? I got that part. You could go ahead and read, hold on. This is district 9. Are we going to hear this or defer it? >>chair: okay commissioners, commissioner mcghee is here. And so we need to decide whether we are going to hear these items or defer these items. >> I deferred it last time because I wasn't here but do we need , maybe the zoning director could let us know if there's folks that are against, do we have speakers for this item is to mark it is an not affordable housing, it looks like they're dedicating 40% of those units to affordable housing. I don't know, I'm uncomfortable doing it but at some point in time . >>commissioner regalado: are there people for or against? >>chair: there are no speakers, we heard from commissioner steinberg, commission staff on this. >> through the chair we have not heard from staff on this and to answer commissioner higgins questions w have not received any protests or waivers on any of the applications in district 9. >> would you like me to move it? >>commissioner regalado: I will seconded. >> it's been moved and seconded . >> we would just need the zoning director to read it in. >> application 1a application z202000 >> application 1a application z20200070 no protests and no waivers of support . >> we have a motion in the second. >> one question. It mentions that at least 40% of the residential units which would be approximately 29 units would be for affordable housing. Do you have a definition of what affordable housing means, 30% of ami, 50%, 80%? >> you are recognized for an answer. >> office at 2800 ponce de leon boulevard. To answer your question there are , this is liz local application so it's the affordable housing definition of the state regulations , its workforce housing a 120% so that was written incorrectly, thank you for that clarification . >> seeing no other questions. >> on that question on housing . >> your recognized. >> we could in good condition number four. >> MADAM Clerk, senator . >> just? We talk about workforce housing and for the record you said it's 120%, what does that mean in numbers? >> in figures according to 2023 numbers I believe it was , there are 33 studios, three bedrooms and 35 two-bedrooms in this project. For a studio I believe a studio was at 1600 I want to say in 2023 numbers. The one bedroom was about 1850 and I believe a two bedroom was at 2100 . >> appreciate that, thank you MR. CHAIRMAN. >>vice chair: please call the roll. >>clerk: [Roll call vote] Motion passes unanimously . >> thank you, have a great day. >>vice chair: we've got the same situation with 3a so we're going to do the same thing here. Do we hve public speakers on this? Wait, hold on. The director, go ahead and read your statement into the record. >> item 3a, bishop archdiocese of miami application 202200274, no protests and no waivers of support for this application . >>vice chair: are you the applicant or a attorney? >> I am the applicant. >>vice chair: on your part. Public hearing is now open. We have no public speakers so public hearing is now closed, commissioner higgins. >>commissioner higgins: this is the first time we've heard it so if we deferred it it would be once but my question if you wouldn't mind, it sounds like you are resulting this to have more flexibility, do you have plans for housing on this site? What is the reason behind this ? I wasn't really clear unless I missed something as to why you were doing this. >>chair: you are recognized for an answer. >> lindsay, 160 w. 6th st. >>vice chair: and you are. >> I represent the partner atlantic pacific. We are looking to include this into the urban center to allow for multi family development to serve the archdiocese mission primarily affordable and workforce housing. Higgins: then I will definitely move this item . >>vice chair: moved by the chair, seeing no further questions, your recognized. >> I want to clarify per staff recommendation with a proper covenant . >>vice chair: it's usually always with staff recommendation and the proper covenant, you don't need to clarify that every time. MR. Clark these call the roll. >>clerk: [Roll call vote] Motion passes unanimously . >>vice chair: congratulations, let's take them 3b . >> application z2023000155 . No protests and no waivers of support. >>vice chair: public hearing is open, I see no cards. So public hearing is... Okay, is this the first time this is being heard? Okay. The young woman who went once to speak is requesting a translator . >>vice chair: hold on, this is the first time this was being heard and from my understanding we might need a deferral on this one until the commissioner is back in chamber. >>commissioner higgins: I think if we have public speakers we should wait for him. >>vice chair: commissioner higgins moves to defer the item . >> it's possible the speakers are here, it's the applicant. >>vice chair: it could be possible but I think we are deferring the item. You MADAM Attorney and any further discussion on the deferral, trend 20, please call the roll, voice vote, all in favor signify by saying aye. >>commissioner higgins: if I made on this application , there was a lack of clarity around the sidewalk given this property is basically spitting distance not that you should spit but spitting distance from one of our bart stops. There were some very narrow sidewalks and I would like a better understanding of how folks are going to get to the station since they are literally across the street from that, thank you . >>vice chair: translator can you let the young lady know it's been deferred to SEPTEMBER 25. >> this item has been deferred to the SEPTEMBER 25 zoning meeting of this board. >> thank you, have a good day and our last and final zoning item, 1b, read your statement into the record. >> 296 legacy llcs application 202223000 20222300037. >> on this application I wanted to mention the applicant has sent out a list of modifications based on the community meeting and if this board is to be approved there would be additional conditions to the recommendation. One is to the height and one is to provide a police station on the property and we've received an updated police memo distributed today and they talk about the general police ability to service that area. >>vice chair: thank you, we already did public hearing on this item so we will move right into it, commissioner from the district. >>commissioner cohen higgins: can the applicant approach? >> good morning commissioner, 150 west flagler st. >>commissioner cohen higgins: my colleagues would recall we had concerns because we had a police memo . >>vice chair: commissioner, you have residents willing to speak and we already had public hearing, if you want to clarify if you want to have a sergeant to translate in spanish but we will not be doing public hearing again, we already went through that. >> to the residence here on this application this game before the board previously at our former hearing and at that time public hearing was open and closed meeting even though this is on our agenda today there will be no opportunity for the public to comment on this application so those are our rules. I do apologize for you coming down here. I'm happy to speak after this item is heard or step aside and speak with you otside because I think our rules will allow it because they have been lifted at this time so assuming this will get resolved here today. Those are our rules. I apologize for your inability to address the body today. To the applicant I appreciate you taking the time to have a community meeting. It's my understanding in excess of 60 residents attended and I'm glad you took the time and had the opportunity to hear from the residence and to incorporate the changes they had requested so I'm grateful to that end the updated police memo gives me the reassurance I needed from the public safety standpoint that we are okay to move forward with this development so to the attorneys, I have a letter here dated JULY 17 which is obviously today. In this letter going to be incorporated formally into the covenant that's going to be adopted with this application or do I need to read it or are there any new formalities in light of the fact that the letter is dated today? >> if this board wishes to approve the application all of the bulleted conditions in this letter could be incorporated as conditions of the approval and then they would be incorporated as conditions in the zoning resolution. There is a proper covenant, there are not currently in the covenant, if you wanted it's also to be in the covenant that could be a request to the applicant but I think right now it's that the proposal is to have them be conditions in the zoning resolution so it would require if they wish to change those they are still binding and it would require depending on what it is it would require them to come back here . >> whether it's a covenant or condition of approval it is functionally the same, correct? Yes? >> yes and I would like the zoning director to confirm. >> correct, I would incorporate them into the site conditions. >>commissioner cohen higgins: with that confirmation I'm happy to move this application consistent with staff recommendations and with this list of approval outlined in this letter that will be incorporated dated JULY 17, 2024 . >>vice chair: recommended by all the other stuff staff recommends. Seeing no further discussion clark please call the roll. >>clerk: [Roll call vote] Motion passes unanimously . >>vice chair: commissioner higgins moves we adjourned.