Miami-Dade BCC - Comprehensive Development Master Plan

>> test miami-dade . >>chair: could I please call role. >> the clerk's office has received notification commissioner hardemon will be absent today. [Rollcall]... [Rollcall] Seven members present, you have a quorum . >>chair: please show commissioner gonzalez present. And real quick before we start , can somebody get the ac turn on a little bit? Yes. You have a blanket . Okay, lead us in prayer and commissioner cohen higgins will follow with the pledge of allegiance. >>commissioner cohen higgins: let's say thank you for the family you've given us, this great community. Thank you for the great people >>chair: we will reconvene the cdmp . Motion? Seconded by omission or cohen higgins. All in favor aye . MADAM Attorney, any request or deferrals ? >>county attorney: we do have in addition to your cdmp agenda and additional supplements, 3d supplement number two so with that a motion to set the cdmp would be in order . >>chair: seconded by commissioner cabrera. The agenda is set . Do we have any deferrals ? >>county attorney: my understanding is there is a request to defer on the cdmp on your agenda. >>chair: there is request for deferral for item 3b which is cdmp 2022 ... I think the applicant is here . >>county attorney: MAY I quickly read the item in? So this is item 3b, ordinance related to miami-dade county comprehensive master plan providing dispensation number cdmp 2020 200 12 located at northeast 14th avenue , prestigious cityview three llc and the MAY 2022 cycle to amend the county's comprehensive development master plan providing severability, exclusion from the code and an effective date. >>chair: the applicant is recognized, start with your name and address. >> I'm with the offices at 771 brickell avenue . We are requesting a deferral in order to provide additional workforce housing on the site and utilize some of the centers associated with that so that's why we are requesting the deferral . >>chair: thank you, commissioner steinberg . >>commissioner steinberg: I'm amenable to the deferral. I think a correspondence from the neighbors and community , they have concerns and I ask that between now and when this does come back we have an opportunity to reach out to the community and see if they have a concern and with that I will ask the county attorney to please let us know how you would like to forward the motion . >>county attorney: is this a forward to know date certain? >> we made a request for NOVEMBER 23, we can have no date certain . The biggest issue we have will be having staff analyze the additional units we are seeking to address the concerns file from this game day . >> our preference would be no date certain . >>chair: commissioner steinberg are you okay with that . >>county attorney: this would be emotion to defer to know date certain for 3b, 3b supplement and 3b one . >>chair: all in favor say aye. Any discussion on the deferral ? Seeing none all in favor say aye . Against, nay . Motion carries . Thank you members of the board. All right MADAM Attorney . Let's take item 3a, 3a supplement and 3a1. >>county attorney: item 3a, ordinance relating to miami-dade county comprehensive development master plan; providing disposition of application no. Cdmp20220001, located on the north side of sw 132 street between sw 127 avenue and theoretical sw 130 avenue, filed by southern office at lakeside, llc., and 128th street lake, llc., in the JANUARY 2022 cycle of applications to amend the COUNTYb comprehensive development master plan; providing severability, exclusion from the code, and an effective date together with item 3b supplement and three a1 which is the transmittal should the board confer this to a stated application . Just a quick statement about the conference application . >>chair: go ahead. ... >>chair: I have two statements . This item together with the items on the agenda are small-scale applications previously heard on first reading. They are before you for final action. If the board takes final action on the small-scale application the resolution will be deemed withdrawn . Then they would vote on the resolution. In addition , because this is a concurrent application there will be one public hearing. The cdmp application so we can take all the cards together. We will apply the zoning procedures so witnesses will be sworn for this public hearing so anyone who has not been sworn who wishes to speak on this item should alert the clerk so they can be sworn in. >> does the department have any presentation on this? >> we can certainly give a presentation on this . Basically the sign is located , this is director of planning . They just outlined our staff recommendation on this item. The application is located in district 9. As the county specified northwest 130 street between one 27 1/30 avenue west of miami-dade airport . 128 acres of vacant land 7.12 acres which will be filled . There requesting industrial to meet the residential which would go out a maximum 220 multi family units. So this application we are expecting an adoption and it does further need policies on appropriate sites. It's generally compatible with the surrounding area and does not cause any violations to local service standards. We can answer any specific questions about the application if you have any >>chair: we will open public earring, I have no speaker cards . Anyone wishing to speak . >>speaker: first I apologize for my course . >>chair: argue the applicant ? >>speaker: I'm on behalf of the applicant, the applicant is here with me. >>speaker: I wanted to thank you all . Coconut grove, miami florida and I want to thank you all. And you for the time and your consideration. >>chair: thank you . >>speaker: andre bruno's , 131 southwest 20th street miami florida 33165 . I'm here on behalf of the applicant and my request is for new request. First is a land use scale amendment and that was changed from the industrial and office menus to a medium density residential district which we are also concurrently submitting a rezoning application asked staff indicated . The property is basically two vacant parcels , approximately 8.8 acres . Some of which is underwater and currently we have been in the process of obtaining a permit and that's proof currently undergoing. Give me a second . >>chair: quick question , how much time do you need for the presentation? >>speaker: three minutes . >>chair: I love it . >>speaker: anyways , the properties around the lake to the south we are facing village homes, approximately 1/32 street which is a multi family unit. Let me go... To the east we have the existing hidden link located at the corner of one 27 1/32. To the west we have the lakeside corporate park . Of which my client is still the developer . All of the uses in the immediate vicinity are consistent with the zoning for our url . And the next slide shows a picture from the southeast corner . That point you see there is the next power element that is currently there. Shows the overall area and the color turquoise , you can see those are two parcels . The yellow color , that's multi family twnhome community surrounding it . It's laryngitis . >>chair: do we have anybody else that wishes to speak on this item and to be clear attorney we are on public hearing for this item and the companion item in the zoning agenda, item 3b, is that acceptable . >>county attorney: it's 1b which is the companion item for this? >>chair: that's what I have . Yes, can't hear you but I heard the yes . Anybody else wishing to speak ? >>speaker: if I speak on this item can I speak on another item west and mark . >>chair: of course, just make sure before you leave you fill out a card. >>speaker: albert gomez MARCH 5, 1969 this to the court. Me in the face right now. I've been to several of these meetings on converting coded land , changing land designation from agriculture to industrial because of the need of industrial and argument made about how we need industrial jobs now we're switching the shoreland to residential which will limit the opportunity of converting into developing opportunities. I want to point the stark reality of how I don't know if we're having a meeting or what is it that we made our argument about jobs and now we have an application for industrial property into residential . Is pretty stark. Just wanted to make that comment .- >>chair: anybody else wishing to speak on this item? Seeing none I am now going to close public earring . Commissioner mcghee I believe this is in your district. >> thank you MISTER CHAIRMAN and consistent with the administration's recommendation we have a memo that has been distributed to each ad every last one of the commissioners I am in agreement with their recommendation. i do also understand with them recommendation has been made by the administration, all areas have been reviewed for compatibility and environmental resources , transit ridership and pedestrian . Considering the fact I haven't heard any objections from the administration or anyone else here has been offered the opportunity to speak to voice their opinion, I will this item along with the companion I am . >>chair: I have a motion and I have a second . >>county attorney: on the companion item we wll need to recessed this meeting and reopen the board meeting. Understanding was a motion was to not staff rcommendation. >>chair: we have a motion, we have a second. Second commissioner bastien. Anyone wishing to discuss this item? He not all in favor say aye. We need a rollcall . [Rollcall] Motion passes 11 to [Roll call vote] Motion passes 11 to 0 . >>chair: let's reset zoning and reconvene cdmp. Moved by commissioner cohen higgins. >> thank you commissioners, staff, year. >> congratulations do I have a second ? Seconded by commissioner higgins . Yes, we have a second by commissioner higgins . On favor signify by saying aye . Motion carries . MADAM Attorney, we want to take 3c, 3c supplements and 3c1 . >> this is a concurrent item for which one public ring will be adopted that will carry both the cdmp and zoning question . I'm going to read the ordinance for final adoption as well as mention resolution 3c1 in the event the board wanted to convert this to a standard in transit . The ordinance related to miami-dade county providing disposition, application for cgmp 2020 20014 located on the east sde of east dixie highway and north of ne 108 street, filed by bislot, llc, in the MAY 2022 cycle to amend the COUNTYb comprehensive development master plan; providing severability, exclusion from the code, and an effective date. And item 3c1 is a resolution pertaining to the cycle application cdmp 20220014 requesting amendments to the cdmp. Item 3c and 3c1 are appropriate to public hearing. Does the public have a presentation to make? >> this is a small-scale application. 1.9 acres in district for. With what the applicant is requesting is to re-designate the site to include his office . Medium high density residential , they're also looking to lease an existing covenant and the new covenant, the new proffered covenant would annex 177 residential dwelling units and at least 10 percent of those to be workforce housing. We are requesting adoption of this application with approval of the application site consistent with the requested designation is compatible with the miami area . The covenant would increase the number of residential units compared to the site and increase the number of workforce housing units that can be provided basically the impacts that would be generated from the development would not cause any priority interruptions to local service and for that reason we are recommending adoption with the declaration restrictions . >>chair: I will open public hearing on this item and its companion item which is 1d. Now start with the public first . I'll say your names, and so you come up the order I call you and you will have two minutes is the. John michael , kevin mccallum mary kenny , zoe san martin and david shingled . You are recognized to be in . >>speaker: how is everyone ? I'm john michael morris 1540 and I'll post this . As a single family residential area , we take pride in where we live and this kind of development is not for us . We have four beautiful streets on the upper east side with these 108 street, 110 111 . We would like to keep it that way. We already have several stripmall's , grocery , large scale shops . There's already traffic and congestion is very bad area . We had multiple people running four-way stops from the eastside up to about 112 . It's a constant thing . We have small children in the area of the flow of traffic will be blocked we're a green area a concrete jungle like that is not for us . we don't want it . We want to keep single-family homes in a rich and that's what we're all for . I'm here to speak on his behalf I said earlier with my colleagues, we are just really opposed to it so you for your time as I will wish you a great day . >>speaker: thank you for giving me this opportunity first . I moved to the area four years ago with my wife. The street probably halfway between the proposed site at the day . So the area we were asked is pretty much entirely off-line zone and I moved in after and since then even without hurricanes we've had significant flooding . I was in a monthly basis . We had many tropical storms . A third of an acre is our property and the half of the front yard, half of the backyard flooded so that's pretty frequent. In haskell, you can go through it in your car so what I'm getting at is the impact of this medium to high density housing will significantly change the drainage of the area and is going to impact all of us. That's an open space right now for the most part. Grassy , good drainage but with a large multi family building is going to require foundations and all this other stuff that's going to impact our drainage . I hope it's something we can work through my solution. Also it affects our septic tank because of this because of the flooding we had to raise up , it's in the front yard we had to raise it up for five the wishes not just unsightly, we have the impact of the sewage a little closer to the service and every household will have to do that when it comes time. Insurance costs are huge, some of the ther community members will see on. At certain times of the day you look at this day and your backed up . There are times of the day where it shouldn't be that busy so you for your time. >>chair: kevin . If you could refrain from clapping, there's this thing you do with your hands, no please . Go ahead >>speaker: seven years ago we had a play . >> name and address please. >> we had a plan in place . >>chair: I reset your time . >>speaker: 316 110 terrace . I've been on the street for 30 years . Several years ago we had a meeting with a group property and they were kind enough to go door to door to tell us what you are doing. As a result of this several meetings on 108th street . Everybody , we were against it first . It was built up so high we all agreed they come back on the residential , increase the storage to reduce the traffic in the area . At that meeting , it was a master plan . To run in perpetuity that was all approved by the board . Now these people have come in . We are hearing these meetings are postponed, we don't know what is about . I'm your life do less with it . Back during the school day. There are no restrictions , they just want to come in with him .Knows how much and the beating our area is going to take is just ridiculous. one house on bayshore drive is being constructed now. And there's zero percent screening this property how they , they went for variances without notifying us of anything . If keeps up , they MAY just close the whole area that the flooding is ridiculous . This is just owing to take it home. I don't know. There cutting off the right way. Both ones that we had, we can't get to it . Nobody's looking down there and you're destroying the neighborhood. >> elizabeth . >> I live in 1540 north these 108 street ad lived there for about 23 years and I'm here to discuss back line the this bill . Right now I've had significant flooding will during the course that was a major storm even two hours of rain we get it in front of our home. My home gets it up until halfway through my door so all the grass is saturated . I need to move my cars to the end of the block in order to not have any issues. Also written to your office several times but water accumulating in our drains. this building is really just going to make us suffer more me or where I have to look in my front window to see how high the water is getting to my door . Whether I need to get my son and leave . We have lived by commute from our home because my home is the lowest point on the street . If this building gets constructed, I don't know what I'm going to do. My ptsd is going to go through the roof so I'm really opposed to that building being built there because we need help with our drainage system and I'm constantly texting a person from our strong water every time the water does grow in front of michael to ask him to turn on the pumps . I ask that you please oppose this building being built on our street . We have a beautiful neighborhood with a lot of amazing neighbors I really just cool that you understand what we go through especially with the flooding will continue to be writing to commissioner 's . I sent several photos already . >>chair: elizabeth . Jamila. It's changed. After jamila is married, then kathy, then zoe, then david . >>speaker: thank you for your time. I live at 1501 north east 108th street, living there for 2 years, raise my three girls. Beautiful connection with all our neighbors before I talk about our situation we are experiencing I want to mention something. I've been having our community going around visiting opposing this construction and also we've gotten signatures on the fact that there was hearing done with the planning board of this county we sent it to them without sending prior notice to any of our neighborhoods . That was held OCTOBER 10 . We put an ad on the newspaper and you guys know unfortunately a lot of people don't read newspapers anymore so we never got notice and we went ahead and sent petitions through our neighborhoods letting you know we should be part of that committee and express our concerns about this development and they didn't give us the opportunity so we are asking if that vote can be voted and give us the opportunity to present to the planning board . Besides that I apologize because this is my first time here so I didn't know we could do a powerpoint presentation . If not I would have done so . I have things I pass on and you can see everything we put together but I'll do a quick visual presentation about what our neighbors are. This is irma, these are our regular conditions of play. It's getting worse. Design construction company so I do this for a living. What it is, the effects this building wll based on flying but also on the x are your neighbors housing . >>chair: thank you jamila . >>speaker: how can I pass this to you guys? >>chair: through the clerk's office . Mary. Is married here west and mark we're missing though. Please state your full name and your address . >>speaker: mario kenny, northeast miami. So our concerns today are many. We were not properly noticed for one of your meetings . We are basically a flood zone. And where I reside is right next door to this building . In a home that was built in 1943 . This building obviously is going to need piles and these piles are going to destroy the construction of our property . This event might cause us to leave our property . and purchase another . Which would put us into a tax bracket that is not affordable to us I would like this petition be an old and forgotten and I would like to vote no on it. For all the reasons that we have presented and that we will present this building is in the floods , we have to have a boat to get to our house. We have to park our cars in this game they we have to buy tall plastic boots to get from this came day back to our homes. If you put a building like tis , where the ground is going to be sealed with all the concrete you're going to cause nothing in the river. Only the birds and the crocodiles and the toads are going to enjoy this property. So please, don't know . , morris, is erica morris here? You filled up the speaker card . Please start by saying your name and address. >>speaker: I live in 1523 110th street . I'm here to support my beautiful neighbors . All of what I've heard now is really unbelievable. So I'm sorry to hear about the flooding situation . I live there as well and I'm here to say no. >>chair: thank you derek carr, zoe san martin . >>speaker: I live on 108 street and I want to see is about the applicant's intention to change the zoning from a b you to rsd, modified residential district. I went to kathy's rents and a new property value lies needs to have needs requirement for green space and traffic considerations within his property. That's why a lot of the properties were all the properties on 108 street have a certain amount of distance between the actual home their building and the actual sidewalk but what the applicants intended property by changing the zoning district what they would be doing is filling the entire poperty with this massive seven-story building is a massive concern for all its neighbors because we don't even know what are the residential modified district means I was on miami-dade county's west rent are the definitions of ill as a means, I don't know what requires it to me, that's a very serious problem because that means that this building if this amendment goes through his going to cover the entire property space taking up all tree. Is only going to worsen all of our flooding conditions as well as not reading any of the necessary traffic space so all those cars, all that traffic coming into this game boulevard, where are those people working ? The applicant said a word and is a serious concern to us neighbors, as we reach the miami-dade county sidewalk city property, that's not your property anymore , not almost all the property down the sidewalk but not needs to be able to extend their property always industries so does the applicants get more property than the rest of us ? It's simply not right . >>chair: you zoe, kathy green now, europe . Name . >>speaker: 1537 northwest 110th street miami florida and let me get this straight. You want a assisted living community in flood a zone . Where everyone is mandatorily exposed to leave the area . I find that unusual . I find it interesting that as the flooding is horrendous where we live. I have a storm drain my house and whenever floods the blood . I walked comes out through the storm drain and it flood area until it's able to go back into the intracoastal soldiers back flowing. The whole area of theirs only what, for streets involved in the small area. You want to change the setbacks so you're killing the green space on these facts . That allows the water to go into the groundwater and your removing that completely . That's going to affect the whole area as well and they were bringing u the pilots being drilled into the ground. We have these septic tanks that a lot of stories have been done by the biscayne times and we talked about these old septic tanks and you're not able to give us sewers in the area where at. We have flooding. The pumps can really take care of it and they don't take derek care very well what we have. About it and if we have a hurricane and came time, everybody gets flooded . It goes all the way up to my steps. During this building and would not be good for the period is terrible and you need to reconsider . >>chair: thank you kathy. We have david scheibel and then I understand that jenny boras would like to see. Next one, okay . Go ahead . >>speaker: I building inspector, 20 years. None of the homes on this street are on grade. >>speaker: david scheibel northeast 105th street. >>chair: go ahead . >>speaker: I have a degree in engineering , license home inspectors . None of the homes on the street are slow zone footings .- I understand that the building scholar will disrupt the stability of the soil , especially the flood liquid ice as well so it's flooding that could get worse and most likely will get worse when believes his. The other build is going to be disastrous. With that and the flooding , flood insurance will be difficult to get some people have already been denied presses. Cast iron pipes we still have those built in the 40s and 50s. As our in addition to pipes. We have biscayne bay fish last year . From that I believe tey were getting a sewer system instead of separate but that's 15+ years away, I don't know what the plan is on that. Injuries of the gradations from the building where going to have something just from that. I know you're familiar with miami-dade construction but blasting is similar, lasting as far away from the houses and is going to be close and then going to deal with several cracks in our walls so facing that I think you should denied his application . >>chair: that's all the speaker cards I have with me , a outside applicant wishing to see him sign. See not the applicants can submit their application . >>speaker: I am on south this game boulevard. >>chair: how much time do you need? Was that five? >>speaker: outright focus on the concerns we heard today. I want to lay out , there's one protest file on this application . That was MISS Jane lawrence who is a neighbor . I think she lives with MISTER Kenny. I reached out to MISS Lawrence . We had a lovely construction, she said the meeting and discuss what we're asking for . She got sick and subsequent to that she had not responded to my emails or calls so that's why I want to be clear we always want to operate in front of this commission reaching out to our neighbors and responding to our neighbors so this is the first time we've heard from anyone except jane that let me. >>chair: commissioner 3c1, commissioner regalado order . >>commissioner regalado: as possible for us without going to the city council because they didn't have all those slightly counsel so community council that's what we experience. Only one person reached out but because they didn't have quorum, that's not your fault. You kind of leapfrogged over that meeting and this is the first time now we've heard from the neighbors. It's why it's so important for us to fill those vacancies on community council . Commissioner garcia has a hearing soon because as it brings the community council to us are we going to go on the referrals and let them meet with neighbors and come back to a date for because the purpose of community council is to let the neighbors know and you all negotiate with them. If you wonder why this is so, this is the reason . This is the first time that haters have had the opportunity to speak. >>chair: that was your time but if you need ample time... >>speaker: 10 is fine and while we're talking about procedural issues and short staff as comments regarding the pad notice . the pab was noticed properly no one attended so if there was a lack of understanding what that meant , it wasn't for lack of notice. Again brown pan with me. We javier placer traffic engineer. So we're together asking for your approval of a cop plan amendment and rlated rezoning and asked staff has idicated they were recommended approval of both application. These applications will help provide residential in a manner consistent with incidental goals while reducing external impacts as compared to what is currently approved on this property and I'm going to have that off hard because it's true that removing the potential for commercial itrusion in that he and when I talk about small scale this really is all microscale application. Fronts on east dixie highway which is adjacent to biscayne, east dixie is a street that lasts for two blocks, terminates the condominium on the south and 110th, dollar tree is to our left and you've heard of course from the people who lived east which is a mix of duplex and single-family. Further out you got the kmart site to the southwest and miami shores beyond. Very large condominium complex which is going to be phased out and you have the retail corridor are on this came. An office retail corridor 's 20 stories . This is a view fom our front door . You can see the dollar tree towards the biscayne . East dixie highway is a local road that's important . We agree with the neighbors we want to reduce traffic there. It doesn't go very far all. It's not just small-scale, it's an infill area. The list less incorporated areas in the county. Current future land use and I want to do this quickly. Is this offices on the street, the intensity and low medium density on the southeast corner . Also within the smart , half-mile longer . So, this is important to the concerns we heard from you. The second most intense commercial district in the county. Regional malls and other major uses, it was agreed to accommodate the project that disapproved that were getting away from in this application which is what all the confusion has come from so briefly , we have two areas that we're modifying in the plan , proposing you delete and replace the 2005 hundred middle of the property goes from low medium to medium-high . The eastern edge of the property goes down plan from medium to low medium and the reason we're proposing to do that is to our eastern edge is against our dreams the same dedication as the entire day as low residential. We're proposing our eastern issues low medium residential . Our confidence in front of you MAY ask you to accept crops about 30 units and puts in 10 percent of the total units we workforce . The covenant was approved during that odd period before we had a workforce housing ordinance so the new covenant references the proper permits. Asked staff has indicated the plan is consistent with policy you and most importantly I think for us at the neighborhood is multi family use here is compatible with uses and better transition for this game boulevard which is relevant in the zone . As you know has recommended approval so turning to the zoning of the occasion , I think is most relevant to everyone's concerns centered on the building is drainage and I think this is where a lot of colts are confused. In my conversations with jean , the only was she wanted to see what was approved on the property this is what approved the property today. This is not what I'm seeking to you, this was a day, 308, a seven-story mixed used building with 12,000 feet of retail , 41 units at 460 parking spaces so that is the approved plan. Needed variances, that is what we're getting away from the reason we're gtting away from it is self-evident when you look at the numbers. When. Talking about a seven-story building this is what can be tomorrow this is what we think is not the right choice. Seven stories , retail online, offices and you are on the site is residential against the other neighbors . So what are we asking for in the zoning application? I understand this confusion about R.M.D. I'll talk a little about that generation of comments and so closely doing that no more uses . We have as a application zoning approval for residential only legally improves the compatibility of a so widely? R.M.D. Zoning is very new so it was only a couple of years old and it is laser focused on that infill areas and is designed for the info areas in the county the most useful in this property because you can't get more info in this parcel. Why again do we think that commercial is a bad fit and I apologize, my labels in transition commercial in this neighborhood again , we have all local streets and us that functions as a subdivision , is not a major street, where on this game boulevard . The traffic that the land has you're asking to get . Course the numbers tell the tale . We had joaquin vargas wanted a comparison between the maximum development we can do under this , plan rezoning approval is on the property of online is the traffic generation goes down my holes percent. That's not 70 percent, a 70 percent reduction when you think is what was approved and that's the important characteristic . Because you're losing all the office space, you're losing the commercial space. And as we all know from any kind of interacting between commercial and residential you have always been a question about the cisco trucks and serving the building does residential area? Mostly use elements which this application does all this zoning by design is intended to ensure . It has in transitions . It also provides the director in any future site plan with the express ability to require additional acts or other buffering necessary so that's one r and d is the best course in our opinion. To summarize, these two applications together will remove commercial uses from this property result is 60 percent reduction in pnp as compared to the approved plan to rent 10 percent of units workforce. Drainage issues understand ongoing issue style it with area wide problem. We have to deal with strange us the fact that this area was built has terrible drainage is not this properties problem and we will resolve our drainage and we were there as a saying you because it hppens to you lots this point . But any measure this application represents a significant reduction in growth on this property today . It will provide workforce housing in an area that needs it and transition from the commercial uses this game boulevard that exist today . With that, we ask for your approval this morning . I'm here for questions of course I guess you already done the rebuttal. . >>chair: real quick for the attorneys I'm going to close public airing but I want to make sure we can call him back up and ask questions. Yes. We're going to go ahead and close public hearing. And commissioner steinberg, this is in your district so would you like to start and lead with emotion . >>commissioner steinberg: first of all to commissioner regalado! I agree with you. That is one of the reasons and I did check with staff and we were told that was one in our position so thank you to the residents that came out. It's not easy to take time away from work and your life to come here and give testimony and I am listening to you. I want you to know I checked to see whose responsibility it is, even though the property is in the district that affects these residents the actual community counsel is not in the district for obligation, it falls on another district otherwise I be getting done immediately because we want to avoid these situations so you can have the opportunity to address these concerns with is also the issues you , that is moving forward and gave me a litany of reasons as to why the circumstances of the outpouring of unity I do believe it is for us to defer today not support the application to give an opportunity for all real dialogue between the owner and the representatives of the dollar and unity and on the flooding issue I want to say on the record I'm looking into it. It is a very important issue to me and I will do everything I can and I'm directing staff to also please do a further analysis of the area. I think it's important to do this is obviously a big quality of life issue. We need to look at that . >>chair: we have a motion to defer, sconded by commissioner regalado , go ahead, clarify the motion . >> this would be a motion to defer to notate certain particular meeting? >>commissioner steinberg: that's a great question. When do you think they will have an opportunity to speak and come back ? >>chair: you are recognized. >>speaker: what are our available dates ? >>chair: MADAM Attorney 's . >> I assume it will take us a month to have that discussion so if we're looking at something that I know . Is there a late FEBRUARY meeting or we have to go to march. >>commissioner steinberg: probably go to MARCH. >>county attorney: separate 23rd is the bcc meeting. I can provide the MARCH update . >>chair: would you like to propose MARCH to be safe? >> I think we should so you can do presentation and explain all the concerns. Staff did recommend this but it's not prudent for us to pass this today. >> the MARCH meeting is thursday, MARCH 16. >>chair: do you want to clarify the motion? >>county attorney: we are in the cdmp portion of this meeting so this would be a motion to for the cdmp items 3c, 3c supplement and 3c one to the MARCH 15 meeting and this would be the notice . There will be no additional notice . Once we take the recess, the cdmp real zoning board can do a similar motion to defer of the companions of the . >>chair: we have a motion and a second by commissioner regalado . Commissioner steinberg. >>commissioner steinberg: how long will it take for staff to do that quick analysis of the flood? could it be done by MARCH western mark . >>chair: that flood analysis can be done by MARCH. It's open for discussion. Commissioner bermudez first, emails to speak, but commissioner regalado five . >>commissioner bermudez: we have to table a deferral to have a conversation on the merits so if a mission or steinberg is happy and the neighbors are here that would be the prudent thing. We're not going to have a discussion on the deferral. I think you should table it and hot discussion on the merits and . >>chair: understand the deferral takes precedence. There's a motion and a second we are following the order here. So we've got commissioner bermudez followed by commissioner bastien. Followed by commissioner regalado. Anybody else? Commissioner bermudez, you are recognized. >>commissioner bermudez: thank you chair. I have questions of staff on some of the things that neighbors had mentioned. I believe it was kevin who said at some point there was variance on this property and nobody was noticed or an advance was requested . In an area like this , doesn't it require notice to the neighbors if there is a request ? >> in terms of the cdmp we sent a notice within qarter-mile of the application site and there's also the requirements of an advertisement. >> if that's the case nathan I suppose it's not. Because then the neighbors should have received something. >> all zoning items regardless of its variants , it is zoned to r&d requires a half mile radius . >> somebody else, maybe it was amelia engine planning advisory board had a hearing no one was aware that the item was coming up before the planning advisory board so are there notices for these? >>chair: the notice requirements I was speaking to was that the notice be sent to properties within a quarter-mile . >> based on your two prior responses one would assume the neighbors should have received the notice. I guess the last question, maybe this is for MISTER Penn is one of the neighbors and I think that was kathy mentioned something about assisted living facility . could you enlighten me on this is a strength of application were is this assisted living facility or plan? >> there is no plan for assisted living, this was just the residential. >> thank you very much, commissioner bastien . >>commissioner bastien: I would also support a deferral but I would like to see approval to all the residents wo took time out of their busy schedule to come here and take and have their voices heard and I hope that applicants will take the opportunity to work with the residents and be sure that your plan is in alignment with what's important to them cause any decision we make in this government body should be aimed at improving the quality of life for the residents so it is important when we are making such proposals to these areas that the residents are heard. I hope you will take time to work with them make sure their voices are heard loud and clear . >>chair: commissioner regalado . >>commissioner regalado: at some point as a board we need to have a discussion about what happens at community counsel. Item but that brings it directly to us so what's going to happen is going to happen over and over again. As commissioners were going to ask is anybody against this we are not going to feedback because there was a meeting the community counsel level. What I when we were talking commissioner garcia cited his need to call commissioners are not meeting people to community councils and if you are not showing up we accept . As he counsels such an important part of this process and you don't want to say here for 20 hours hearing. Planning and granting deferrals rinse and the , we should go forward with the community counsel process but such an important part and it gives neighbors the ability to voice their cncerns before they come before us. This creates an inequitable situation right now puts everyone on a time crunch so I will at some point we have a water conversation about. In terms of this project my colleague mentioned assisted living assisted living. But we try to demystify some of these notions these zoning hearings . Assisted living is a good neighbor , not a bad neighbor, they don't bring traffic fyi in terms of bringing in and out there are concerns . That being said I will we meet with the neighbors . You can spend time on the flying also I want more information on your connection to water and sewer . Because they are on septic but what have you chosen for your particular activity and is that you give them or are just dealing with your project ? >> we are served by north miami but as to the actual connection I wll figure out . >>commissioner regalado: there's different ways you can do what you might have the use of a will or aggressive provide them with allowable that they could connect with you getting access to online . If you decide to deal with your personal project, you make that choice but I would ask the neighbors to consider that to because again, something will be developed on this land. There is already development as of right now and this MAY be opportunity to do something that fits better with your neighbor and also ability to get the structure you need not just for water and sewer and your septic tanks which at some point the county will force you to get rid of your own cost to deal with the flying issue and see if we can come up with line mitigation works with not just green space, that also can be planting, soil, rcapture, that can be by us whales, there's 1 million ways to do a matter of sitting down and figuring ws the best way or your particular neighborhood I want to thank the neighbors were coming up I hope you all can come to a reasonable agreement, thank you . >>chair: commissioner, anybody else wishing to speak? Commissioner bermudez . >>commissioner bermudez: can we get a list which no longer exists obviously but a list of all the community counsel and what the frequency of their meetings are because really the residents should have been noticed at the community counsel like my colleague said that should have been step one in this process so talk to people from those committees and then make a recommendation . Can we get a list of all those, not just the ones that impact us ? Was the meeting, is not been meeting as well . >>chair: does the commissioner from the 13th district like to see? >> only because of my ordinance that I was proposing was mentioned but commissioner regalado, the ordinance that I bring to the table would resolve the issue with the vacancy. The issue we is because there is no appointed member . My ordinance which allow the appointed member to stay on until there is so we would have a different for us . >>chair: commissioner regalado to respond . >>commissioner regalado: the ordinance also says they can skip the community counsel and come to us which is what happened today. >> there is quorum it will not come to this county commission when you tell people what we're trying to do because my ordinance is not going to fix the problem. It will fix because those numbers will stay on until county. That's what this does. You're going you're a good attorney sometimes it doesn't make sense it's a genuine on your part . >>chair: we are on the deferral so having said that , anybody else wishing to see on the deferral? No , on the deferral . >> this is what we call the question . I will , I just like to say and echo the sentiments of some of my colleagues went to tell the universe, your voices were is in the pudding so continue to do what you're doing and for a minutes watching , sometimes it appears to be a boring show on the . It is important you all recognize that your voices are heard when you come and speak before us so with that being said I know colleagues wanted to speak. Say? Bermudez. All in favor say aye . Motion carries, this item is for . Matt attorney , must go ahead and was again recessed the meeting back to cdmp. So moved, and you will recall a . All in favor say aye audience, and a list of items 3-d supplements and 3d1 . >> another small-scale application for which a hearing will be conducted, item 3d provides dispensation of master plan 20 2213 located on the southwest corner of 2-d four southwest 13 oh 284 access as w llc MAY 22 cycle to an end, transit development master plan providing separability from the code in addition 3-d one should the board wish to transmit this is a resolution pertaining to MAY asian no. Cdmp20220013, filed by 284xxsw132 ave llc, requesting amendments to the comprehensive development master plan; directing the mayor or designee to act in accordance with the transmittal instructions included in this resolution related to application no. Cdmp20220013, located on the southwest corner of sw 284 street and sw 132 avenue; requesting state land planning agency to review application no. Cdmp20220013; reserving the right to take final action at a later date; and declaring intent to conduct one or more subsequent public hearings. If the board takes action on 3d1 it would be withdrawn. >>chair: does the department have a presentation on this item? >> this application is located in district 9, southwest corner of southwest one second avenue . About within.19 miles to the northwestern of the reserve base. The application site as I said is 4.12 acres. What we're doing, staff is recommending a change to include all the northeast tree wall site. It's about, that position would be 1.40 acres the reason we do that is we don't want to see the land use injury parcels so that property owner is required to be noticed and I sent a letter to the applicant notifying them. What they're requesting currently is low density residential what requesting is medium density residential. Of those designation they have three single-family units . I mean, under the existing low density they could develop 24 units . Under the proposed change develop 53 units. we are recommending that it be adopted . The reasons, for the same reasons I said earlier . Generally in the cdmp we really parcels is for my residential density, howl with the surrounding areas. There is existing public facilities to meet all standards so we are recommending the plan be adopted . >>chair: we are now going to open public on its companion item, I believe it's 1c. I've got a speeding car for joanna hernandez and george fernandez. Joanna, your first . Joanna , are you seeing together western mark go ahead you have two minutes to go ahead. State your name and address of record . >>speaker: my name is george fernandez, southwest 278 terrace .. There's three townhouses in a single-family unit area is the general idea . Single molds, I'm not a metal to just being honest, I'm not at the end of the day it makes no sense . The way out is right in residential, is not even on a main thoroughfare . We have a family with six kids lives right to a proposed insurance . It's really just public safety issue . You're going to have tons more traffic . Can handle to begin. It floods so whatever construction is going to be done there MAY affect all the properties in that . And it's just honestly a terrible idea . I passed out tose things, you can see the picture. It's a small community . Everything else around there is little holes . Six townhouses in, is a terrible idea . I don't know what else to tell you . You at least consider that you see one I don't have any additional cards, a else wishing to speak on the spam? On. Applicants, would you like to ? C9 q garza, 121 brickell avenue . Commissioner mcghee, it sends a long. >>chair: is his . >>speaker: what I'm going to do is highlight the location of the property and what's important about this picture here is I appreciate the comments from our neighbors but everything that you see that looks like it's being developed is now b developed at this point are personal is on three . You can see if you look at the photograph facing glass, that's the entire development in the top left corner, the entire area that looks like it's been a most important is this what we're asking is this property from the yellow below medium is south of southside street just one block south is medium density, that are around so that the oldest is an has some single-family homes but mostly animals across the street piece you see on the east side of 132nd avenue is also a townhome development. What you have to do for you this is the land use some class . We ate site plan. The number of units entries and exits have not been determined yet. However, it is more than compatible which is why we have your staff recommendation of approval to record for low medium density homes in the area that is fundamentally to the west and south abortion to these already have and laying townhome development. I'm certainly not an area that already has single-family balls asking for is a modest increase for four acres as MISTER Bell mentioned . the county as is there for you added that cross had in yellow, it's owned by the property . Land the county owns . They wisely do not want pieces of the cdmp to remain. >>chair: point of clarification, I don't think it's owned by the county . >>county attorney: that's my understanding as well but I would defer to staff is recommended to be added by the staff but is not owned by county . I would defer to MISTER Bell to explain . >>chair: that property owner has been noticed per the director statements. I'm sorry, and I've refilled your time. Of clarification . There is a piece of right-of-way . There's a piece that's publicly owned and of the steps privately owned as well . >>speaker: appreciate that but ask is the county's review they have not adjusted that piece but my account he doesn't own a piece so whatever don't you if this moves forward would be limited to four meters so what we're asking for, once again our zoning request. I'll walk you through the list to the west and south east. this slide continues to show that. Right now is zoning that's not being fired for is truly obese . All are looking to do is result is. It would mess up 40+ acres adjacent to it to the west and south and close out the entire rectangle. The declaration of restrictions you have before us today is merely a request of the homestead area that MISTER Earlier. That larger project to the south that I can point to in the light brown color, parcel came in over parcel proffered covenants to ensure notice will be given to all fture purchasers of the proximity so no one could say I didn't realize you are being ruled out airplanes that notice would begin and the construction of that community which is fundamentally finished at this point south and west also includes 25 decibel level reduction standards in its construction practices when this application was submitted after ventura in the basement class did the same commission he included were the missing included from these four acres . The declaration on restrictions has no other aspect to it other than simply to incorporate what we and the neighbors have done recently. Frame of reference is not a balance to the south and west . here's the proximity to the base and what the base has is important for runway runs where you can tell away from our property is pretty close. Someone said 19 miles that makes sense but this parcel happens to be a little farther than the other one is. We think it's going to come back with a lot of the residential areas . Where outside the noise contours but we are proffering comments. That the entire project I've been mentioning to our south and west, 2019 approval through the exact same request we had at these four acres would close out that square. The restrictions which I went through previously, I'm not going to bore you guys with te need for housing or growth rates because all of you know already we are approximate to the turnpike which is obviously east of the exit. That's less than half a mile from the and further out about a mile from us1 , 2.8, miles away from us1 and the turnpike . So traffic analysis was as you can imagine a modest increase from low density to a maximum of 13 units so the trip increase is 16 trips during the pm this plan has been elaborated so the engines as it is something we can move forward and we would be happy to take the information that showed up here today as we move forward show them what do you think it's a modest increase. All your departments are approval and we would ask you to please support the staff recommendation and adopt the changes because they are in agreement and obviously we went proper declaration of restrictions. 52 seconds left I appreciate all your time and look forward to answering your questions. >>chair: seeing nobody else, commissioner mcghee you have the floor and are recognized for a motion . >>commissioner mcghee: I also want to say thank you to troy, I know you were expecting traffic for an hour and a half only one to whom it will probably three hours of disease and share , is the fact that the decision has gone through the conditions based on the conditions you are seeing on your recommendation as a whole? >> that's correct, through the chair? It is my understanding of traffic analysis has been deleted. >>commissioner bastien: mcghee: is there significant impact to the surrounding area? >> we have transportation planning but not a significant . >>commissioner mcghee: have you placed on the record the idea of meeting with concerned citizens from the area? >> I did not call them out by name but we are here and I'll make sure we speak with them . >>commissioner mcghee: finally , you said you were willing to meet with them, how soon? >>. >>speaker: we will talk to them as we walk out of here. >>commissioner mcghee: the two concerned citizens earlier, could you come up? >> I want to be clear because I MAY have made a mistake. >> the commissioner has a question for you. >> is it okay that I set a meeting for myself the district office conference room for you to get together next week? >>speaker: that was great but he showed me a picture that MAY not be the same property. >> the property that we're looking at for that came to us is right behind our house . It's a small enclosed four acre rectangular plot. It's inside of a residential area. >> so let's do this, hold on, timeout . >> it's the same property . >> you guys can still discuss it . You meet at the commissioner's office and it is not, kum bay ya. >> that is not the property I showed you. >> sorry to waste your hours, which is not the same parcel you thought . >> but that parcel is what is coming up for. >> MISTER CHAIRMAN , considering the subsequent conversation that's taken place and considering the previous objection noted for the record , I moved that we adopt this item with the conditions and the amendments made by you and administration. >> second . >>chair: we have a motion and a second by commissioner regalado second by commissioner bermudez . Hold on now I know you need to clarify the . >>county attorney: my understanding is it would be a motion or staff recommendation which is changed to have acceptance of the comments. Also the center, and conditions because it still needs to execute I believe the application clause and overtly uses the zoning modification clause also meets the standard condition that the applicant submit fully acepted , and legally sufficient opinion of title within 30 days unless additional time is granted by the director for good cause shown for the application will be deemed . >>chair: we have a motion from the conditioner commissioner from the ninth district. Commissioner regalado, you are recognized . >> recommendation says you will purchase this additional parcel. My understanding is I'm not purchasing it, it's not mine . >>speaker: I suppose my clients might be interested >> the motion is to move forward with the recommendation . Just clarify . >> the motion was to change the designation on that additional property as well. I can be first MISTER Bell leave components related to who owns it works purchasing. >> it's just too included . >> I understand but that property owner is not here . >> they have been noticed. It's different than zoning. But then cdmp, you can apply the change in the property that you don't own so it would have to be part of the zoning application. >> I have the same question when I met with the department and is just getting them the opportunity but it would still have to come before zoning if they want to change that parcel as well. That's my understanding . >> when you take the application does not include this additional triangle. It only includes the poverty subject to the original application MISTER Bell. >>commissioner regalado: I understand you to square it off what could you move forward without squaring it off? That's the question. That's a decision for this for. The recommendation is to square it off and change potentially zoning for a property owner is not here. That didn't go to community council. My other point is again, go back to the process. Understand it would be better for the complex to spread it off but you could do it without squaring it off . >>chair: I'm getting to that so commissioner. >>speaker: it has been our practice to avoid having intervening parcels reasons we recognize in this is a square off but is not a requirement, it's just our practice . >>commissioner regalado: but the property your squaring off has a lower zoning potential and we are glad to hear . >>speaker: in order to effectuate they would still have to file for zoning applications so it's not changing, they could do land-use and come in later with the zoning application . >>commissioner regalado: while we needed at a lower land-use? >>speaker: it's been the practice generally that we delete intervening parcels, this would be the case that we have an old triangle and the nation , as our practice, is not required so that our recommendation . >>commissioner regalado: is all lower designation . Again, when you look at the maps and what's around there I understand what staff is recommending but that person isn't here that made that request. It is clear from the cdmp perspective but in terms of the neighbor and he usually is at the lower cdmp you probably have a better chance of getting rallying reinstates so just a point because again, train to. >>chair: I had the same reaction but we have a motion and a second I'm going to go back to commissioner 11 who made the motion. You want as you with your? >>commissioner mcghee: the goal is to continue with the same motion based on staff recommendation it is economically sufficient and history has sown it works better when it is done in tis way. Secondly I've come to the conclusion that in that particular area, an area that I'm familiar with is not that far away from where I laid my head, it is in the best interest I believe that community in that block to go with the previously raw for motion with the recommendations and the amendments .