Miami-Dade Zoning Board Agenda

>> we're going to go ahead and get started with our zoning meeting. Can I have the zoning director read his opening statement? >>... >> I'm a middle child, I.E. Whenever I can. >> in accordance with the code of miami-dade county all items have been legally advertised in the newspaper, notices have been mailed and properties have been posted. Additional copies are available in the chambers. Items MAY be heard by agenda number and name of applicant. To recommend a file documents, agencies, department of economic resources and where there is an appeal from the zoning board meeting transferred from those hearings. All dockets are available to all interested parties and available to the board who MAY examine these items during the hearing. Parties have the right to cross-examination. Witnesses shall be included in any transcript of the proceedings . There is an official translator for those individuals who require assistance. Clerk please swear in the witnesses. >>clerk: please stand and raise your right hand. do you solemnly swear that the testimony you are about to give is the true truth, whole truth and nothing but the truth so help you GOD? Thank you, you MAY be seated. Interpreters, raise your right hand . Swear or you MAY make a true interpretation of the questions asked and the testimony given. Thank you, you MAY be seated. Requests for deferrals or withdrawals? >> a request for 2 deferrals, first request is item 2a, application 2022 0012. >>chair: does the applicant need to stay anything on the record as being deferred? Do we have a motion to defer? Seconded by bermudez. All in favor signify by saying aye. All opposed MAY. Is the next deferral 3e. >> charter venture eureka, application number . [Audio lost] >>... [Audio lost] We can read them in and call the public hearing all at once . >>chair: let's go and MISTER Attorney and take up 1a. >> 1a is 7500 southwest eighth street, application number 2018000 170 and I have received 13 protests, and as additional protest and one waiver. >>chair: I'm going to go ahead and open public hearing . I have one person. Please approach the well. I have two minutes . Please state your name and address for the record. I looked at 1222 southwest 74th avenue miami florida 33144. The reason for me being here is because they want to change the zoning from multi family residential to a business district . Not to mention they want to expand their business where they have more parking but they don't have where to put the cars so now they want to put them in front of everybody's house. The dream of living in a suburbia out west when we bought into that and now they want to put cars in front of our houses so we can't even drop off our groceries not to mention the walk. Lost used to be short, not to mention the gassing of the banks which is toxic next to the residential's. That in front of their building they go next to the people's houses to create fumes for children , pets and anybody who lives there every day, this is what they have to deal with the noise and the shorter walked. I don't think it's okay if I want to say it's bad in my house because I have in-laws and I say I'm going to build into your property and put my in-laws house in the sidewalk yet we are accepting this option and the alternative is not even an alternative. The alternative is to go somewhere else you can expand, not to do this for the last five years. I've been coming to court in reference to this situation they want to expand but they have no room to expand. They have outgrown their space . I think I have summed that up >>chair: thank you for your time . Have a beautiful day. >> can we confirm there is no one else in the audience that wishes to speak? >>chair: did you sign up ? Approach the wll, state your name and address for the record and make sure you get a speaker card signed up. >> my name is josc at 901 southwest 76th avenue. To add to the young ladies request, the just last night there washing their trucks out there between nine and 11. Where the fuel or smell is highly toxic for the cats that we own. We had a robbery back in 2018 which is caused because of the fence that they have is a very makeshift fence with loose wiring which I doubt is approved. And they broke in through the backyard into the house and we do have the police report . The other thing is the constant chaos the young lady just mentioned to the neighborhood . I want to build a garage where we lived directly next to this property where the line would be once you come out of your house and yu look up to the right you're going to see a garage that's what they're planning on doing so we're here to request the they oppose any type of variance. This is a residential neighborhood, not a commercial and besides all that when you normally have a commercial parking lot they have walls. And structures and have to pass certain zoning. Including electrical and the construction and nothing here is can be legal. It just can't be. If we were to do something like that we would get find because it's hanging over, today is a rainy day and very windy . Those makeshift lamps you have to watch them because if the electrical touches the wire fence you can't touch the fence . These are all hazards that for some reason have been overlooked so we're here to request you oppose any zoning variance and would just disrupt the neighborhood and make it unsafe. Thank you very much. >>chair: anyone else motion to speak on this item, how much time will you need. >> ben fernandez, 200 s. Biscayne boulevard here on behalf of the applicant, 7100 southwest eighth street which is the home of clinical care associates, a medical holding, it's a medical chain of offices that provide both general practice care and specialty care to neighborhoods like westchester. This is probably the largest medical building in the area. And as you can see it's in very good shape . They maintain well . We have the support of the abutting neighbors. These people don't live immediately abutting the property. MISS Valera lives four blocks away and really is not impacted at all by the activities that they place here. The area in question is the area in red , swearing off the existing surface parking lot that provides parking for medical uses . Medical uses require a lot of parking, particularly this medical use caters to many geriatric residents. We have vans that bring them to the property and we prefer to provide surface parking rather than a large garage. I think there's a misinterpretation there , they've never spoke to me about this but we have worked with the immediate residence and have their support. There is all wall that is being built. And there is no garage there is no rezoning being requested. Request is for an unusual use and the unusual use used to be the mechanism to allow surface parking to serve abutting commercial uses for many years. More recently staff wants to rezone properties in order to provide even commercial parking to serve commercial uses . Our client doesn't need a rezoning , our clients needs the ability to provide parking for this medical use and that's why we're here. That's why we have the support of the residents with respect to the activity to take place on the property. As you can see it's a large parking area and we agreed to conduct all car washing and any fueling close to the building and away from the residence and that's why we have the support of the abutting residents and you don't see that here today. in addition we are down the street from miami elementary school which is a large traffic generator and if we don't have the ability to provide parking on-site people tend to park within the residential neighborhood or wherever they can which interferes with the drop off and pick up activity at miami elementary school . The rest of the area is surrounded by institutional uses like the care center so we think this is the hole in the doughnut . It's compatible with the area and necessary for this office building to evolve . It was built in 1986 , it's almost 40 years old and the doctors need the property . >> MISTER Fernandez, pblic airing is now closed . Commissioner of the sixth district. >> could you build a garage right now . >> not on this portion of the property . >> could they build a garage now and will they be able to build one after this. they had a previous approval for a garage. >> we had previous approval for a garage on the commercial component of the property. >> from my understanding commissioner I don't want to speak for you but you asked the question of the zoning director, not the applicant so don't look at the applicant, look at the commissioner. >> yes, sir no in the building garage now and will they be able to build one after this. >> if this is approved they have to come back to us . >> so this would make it harder to build the garage. Got it, is there a wall, my understanding is there's a wall separating the residents. >> I believe it's a fence and the applicant is proposing to build a wall. >> if this were to get approved they would have to build one. That conditional approval. >> are there any new activities being authorized as part of this? >> parking has been conference on the property. That parking was brought to us as a violation and they're trying to correct that violation of the activity has been occurring for a while. >> the activity that has been approved is working on surface parking. Do you have the presentation where we can see? Right now do you have a picture of how the area looks right now ? It's that red area correct so it's a paved parking lot right now . >> it is not completely paved . I would say it is cleared . It's sort of a crushed gravel kind of thing . It would look exactly and it would be improved with oak trees along the perimeter abutting the homes to the south . 12 foot high planting and as well as the wall and the required side buffer to parking areas and conditional parking areas and residential homes . >> to be clear they would not be able to build anything else besides parking. >> if approved today that's correct. >> we heard some of the concerns from residents and a lot of the things I'm hearing is we probably need more code enforcement, not necessarily things are not allowed but we need more enforcement so I'm going to have somebody reach out regarding reporting some of those activities and making sure we correct out on that and with that I know this one came back because there was a technical error but after speaking with nathan, I would move that with the approval of request one, two, three, four, six and seven and eight and denial of request number five and the condition that it be used for a parking lot to serve the medical office and that they be required to build the wall in btween. >> understanding the site plan already contains a wall that I would like staff to clarify that . >> it does . >> actually you can just add it as a condition . >>chair: I see you wanting to say something . >> we are happy to provide the condition anyway. >>chair: we have a motion . We have a second commissioner bermudez . >> this requires two thirds . >>chair: any discussion? You are recognized . >> this is more to staff and I don't know that it's to your staff but when we hear these statements that the neighbors oppose, don't oppose, when it changes between one area and another are we provided all that information in our packets ? >> the yellow agenda form contains whatever staff has as the most current laws of protests and waivers. Things MAY come in even after the yellow agenda is printed if the director wants to add anything to that. >> since the agenda was printed we had two speakers at the podium . The reason I ask is the applicant made reference the adjacent neighbors at no objection . I'm going to support this anyways but moving forward I think the proper thing to do would be particularly talking about the adjacent community. Because all these projects or most of these projects are in one way or another impact the adjacent community so it's important to provide that documentation. It's not easy for people that object to be able to come up here and schlep down here on a DECEMBER day when there's traffic so it would be important that you provide that information to us because I think it gives us a better understanding. I'm not doubting what MISTER Fernandez says but one thing is a statement and the other thing is being able to get that information. You have a copy of it, that's what you're going to tell me . >> if I made through the chair that was provided and we just would hand an email to staff. >>chair: do we need a rollcall? Okay , MADAM Chair please call the role. >>clerk: [Roll call vote] Motion passes 8 to 0 . >>chair: congratulations . Missed MISTER Attorney let's take up item 1b . >> chrome agronomic's llc, 202100 zero 251 . Prior to the hearing we didn't have any protests or waivers . Today we had 22 people signed in in favor of the application . >>chair: I'm going to open up public hearing and start with the public first but I guess I have a question, all 22 speakers are in favor and for the most part they've listed listening only . Do you all just want to put your hands up in favor , does anybody specifically want to speak? I have no one in opposition on this application to speak. So we're good? So waving in support. MISTER Applicant how much time you need? >> simon ferrell, 2525 malabar. Five minutes, we do have a positive recommendation from staff and the site plan has also been reviewed. We have a positive approval. On the application . I'll be as short as you want me to be . >>chair: 2 and a half minutes . You did state your address for the record. >> 2525 ponce de leon boulevard with me today is MISTER Herrera and his wife . She MAY say a few words but if there's opposition we MAY just forgo that. >>chair: there MAY not be a need to . >> property on the southwest corner of 136 street and 73rd avenue which is chrome. That's the property the balance of the property is also a 50 acre property on the chrome avenue. If you look at the county cdmp matt, that's what you see . This property is planned for business and office so it is compatible with our request today is a zoning change . The only purpose of this request is to approve a self service gasoline station and food mart on this property. This property two or three years ago was approved by this court on a nine super vote majority for approval of the cdmp application, cdmp designation that we have today . That was supported by community council and the planning advisory board and approved by this board. as to your photograph this is right next to the spl solar farm on the north. This is the slide where we are. Because the property and neighborhood we serve besides those crab traveling on chrome avenue is this vast area of farming and ranching it's to the west of our property . If you take a look at our property from the east side of krome avenue you're looking at, this is the intersection of 136 and grown so you're looking at our property. Closer look at our property , again the only way into the neighborhood to our west is either 136 street or on 68th street where there's a big difference. This is the intersection of 136 which you can see it's four lanes on the west side . >> can I interrupt, I'm not accustomed to doing this but can I have you pause and maybe close public, give the floor to the district commissioner is he has questions. Your item is one of our first ones for a reason, there's a chance that we lose quorum and I don't want tat to happen again . I'm doing you a favor by cutting you off. Public hearing is now closed. >> before you close can you announce whether anybody else is in the audience. >> is there anybody else signed up to speak that would like to speak on this item? Anyone else. [Speaking spanish . All right. Public hearing is now closed. Commissioner from the 11th district you are recognized. >> I need to make a quick statement for the record. I have had conversations with members of the public regarding this application . Those communications do not affect my ability to be impartial and make my decision based only on the evidence presented at this hearing. So with that I would like to move to approve this as per recommendations. >>chair: we have a motion by commissioner gonzalez, a second by commissioner bermudez, call the role. Sorry, there's a question. You are recognized. >> MISTER Director this is a completely permitted use outside the udb. >> correct . >>chair: MADAM Clerk please call the role. >>clerk: [Roll call vote] Motion passes 7 to zero. >>chair: congratulations, guys . Okay, MISTER Attorney let's take item 3a. Does the director need to read anything into the record and this is one of the items from commissioner cohen higgins's district. So go ahead and read that into the record. >> item 3a, olga and alberto galante, no protests and no waivers on this application. >>chair: I have no speakers, anybody else in the audience would you like to speak? You are the daughter? You're kind of considered the applicant . Would you like to say a few words ? If anybody had questions or anything? >> if there was any questions or anything like that . >>chair: for the record because you didn't come up to the podium can you say your full name and address? Standby and I'm going to now close public hearing because no one else is here to speak. And again for the record commissioner cohen higgins is not present, she sent an absent memo but suggested approval for this application . >>board member higgins: I will move item 3 a. Move to approve by commissioner higgins, second by commissioner cabrera. Seeing none MADAM Clerk please call the role. >>clerk: [Roll call vote] Commissioner steinberg . Commissioner bermudez. It passes 7 to 0 . >>board member higgins: sorry you had to come all the way here. >> she slept all the way over here . >>chair: take public transit . >>board member higgins: doesn't make her parents do it, that's the way it is during the holiday season. >>chair: MISTER Attorney let's go ahead and take... Let's take item 3b if the director can read his statement on the record . >> most reverend thomas wenski, archbishop of the diocese of miami application number is the 202-200-0084. Prior to the hearing we had no protests or waivers, today we had one person sign in favor. >>chair: arts, if you'd like to approach the well. Speak and say hello to your colleagues . >> arthur noriega, southwest avenue. Here is a proud parent and big supporter of the school . Very excited about this revised site plan just from a traffic management and back to the neighborhood. everybody's support and good morning. >> questions about the city of miami . >>chair: we've got a lot of questions about the city of miami but that's for another day. >>chair: MISTER Applicant . >> I am not an applicant, I am here as a parent . >>chair: you didn't sign up to speak. You should kow better. Sergeants, please escort . >>chair: it's okay, it's okay, go ahead MISTER Diaz . Your address MISTER Diaz . >> I am a proud resident of the district, southwest 69th street . Proud parents of three saint brendan kids . It's one of the most meaningful institutions in my life and let me tell you this evening standing behind me now is one of the most impressive group of dedicated professionals led by MISTER Alonso who is really just a phenomenal human being . I'm not forgetting father miguel . They do things the right way and they have turned this school into one of the best catholic schools in miami-dade county and I would like to lend my full support. I have seen brendan and I will back in anything he does so I have in support. The one I will tell you just to save you some time this is in my district, I am in favor of the application. You don't need to do the whole thing . I am going to transfer the chair in just a second. To the attorneys , just I didn't think of this before but I wanted to put on the record I am also a proud parent of the school. That does not impact my decision. I don't really know this application was coming before us today in the briefing. I will turn the gavel over to commissioner begins so that I can make a motion . >> would you like to see a presentation or are you satisfied with this first slide that is on? >>chair: if you are eager to speak now that you've driven downtown I won't hold that against you. >> laura jennings, coral gables florida , counsel for the archbishop of the archdiocese of miami and saint brendan catholic school. We have our development team , a formal presentation if anyone has any questions or concerns and also a traffic engineer here as well. >> commissioner bermudez, you have a question ? >>board member bermudez: I am in support of the application, there's a number of distinguished alumni behind me . I am happy to see MISTER Diaz, is a great friend . But to staff because I am aware of the traffic, your recommendation is approving requests 1 and two, is that correct? >> that's correct, approval. >>board member bermudez: you looked at the adjacent traffic at all those issues because I am keenly aware of the difficulty of maneuvering in that area in the morning and the afternoon. Does this have impact on traffic or do you think it would improve the traffic flow . >> staff did an analysis including a drop off so it should improve traffic flow. >> colleagues, and any other questions? Does anyone else need to speak on this item before I close the public hearing? Seeing none public airing is now closed. I will seconded . MADAM Clerk let's call the role . >>clerk: [Roll call vote] Motion passes 80 . [Applause] All right, MISTER Attorney. Thank you for that senior member of the commission. All right MISTER Attorney let's take item 3c. Also one of commissioner : higgins items so if the director can go ahead and read his statement into the record. >> item 3c princeton land investments llc. I'm not sure how you say that. Z20 22 00 234. If there are no protests and no waivers on this application. >>chair: I will go ahead and end public airing , any speaker cards . Anyone on the public wishing to speak on this item . Seeing none if the applicant will approach the well. We have a presentation and how much time are you going to need . >> as little as necessary . >>chair: keep in mind the district commissioner is not here, she's sent a memo so be cautious. >> I will refrain from giving you a presentation. 200 s. This game bulevard. The only thing I'll speak on is after consultation with the staff and the county attorney we've made a small revision to the covenant. The covenant allows the provision of two acres of public open space which has been a farm and on this property so since 2005. We would ask for your approval this morning. With a slight clarification, not changing that at all, it's just clarifying where the public space goes. One of public open space shall be located on parcel a and one acre shall be located on parcel b, both of which shall be provided simultaneously to the parks. The open space shall be in the form of plazas, greens or squares as defined by the standard urban center district so with that small tweak, we would ask for your approval this morning. >>chair: real quick because going to you commissioner , we will go ahead and close public hearing and ask if there's anybody else so public hearing is now closed . My only thing with that is what he just read, is that in there right now because the district commissioner is not here , she sent a memo saying she feels this application as it stands, not with any tweaks or adjustments, what's the value to this tweak? >> it is a relatively minor tweak . They are providing two acres of open space, it's just where it's distributed . It wasn't significant to staff as long as there was 2 acres. Be to 100 foot parcels, this was just clarifying it a little bit . >>chair: commissioner . >>board member higgins: do we need to make modifications or can I approve as described by the applicant on the 2 acre park? Me . >> it would be the condition to submit a revised covenant prior to any further permitting applications. >>board member higgins: that is my motion MISTER Chair . >>chair: any discussion on the motion? You should have been on the side . Seeing no discussion, MADAM Clerk please call the role . >>clerk: [Roll call vote]... Motion passes 8 to 0 . >>board member regalado: as a point of personal privilege. >>chair: congratulations. Go ahead commissioner regalado . >>board member regalado: as a point of personal privilege I want to know the issue, just to be kind to my colleague to the left because if we get it from our chair the meeting is done so let's be kind to the faithful because we don't even have items on this agenda. Everyone is very giving. You don't have anything. The spirit of the holidays you might want to be magnanimous to those of us who have showed up to your meeting doing our job so just saying . Are we even accepting memos because in the past we have not accepted memos and we have deferred. Commissioner cabrera knows . Everybody's being very gracious. Very christmas like . We will say holiday. Everybody is very giving today. >>chair: I would say in the words of the actual CHAIRMAN We serve the entire county so while we MAY not have items of our own we are serving residents of miami-dade county. >>board member regalado: but it's always the same people who are serving, that's my point. >>board member higgins: you are back with good behavior. >>board member regalado: I will turn off my microphone but just for the record. >>chair: before we lose quorum let's go ahead and take item 3-d, with a director read the statement on to the record. >> application z2022 00307 , no protests, no waivers . >>chair: all right, public hearing is now open . No speaker cards on this item. Anyone in the public that would like to speak that is not signed up? Seeing none I suppose this gentleman is our applicant. How much time are you going to need. >> I am applying for a 1400 square foot small five acre fruit farm, two bedroom one bath house and it's a storage area for my commercial farming equipment. >>chair: can you give us your name and address for the record ? >> 26105 homestead florida 33031 . >>chair: public airing is now closed . >>board member higgins: I will move this with staff recommendation. I really appreciate it. >>chair: seconded by commissioner regalado. >>board member regalado: sorry you had to come down for this. MADAM Clerk please call the role. >>clerk: [Roll call vote] Motion passes 820 . >> thank you for visiting us . Okay so MISTER Attorney let's go ahead to item 3f the director can read a statement to the record. Item 3f is district 9 . He's not here but I did not receive a memo . What is the will of this board? >>board member higgins: is this another degree of a small applicant ? I think we should , we can't make those applicants coming here twice . That's not fair . We MAY have more questions for you but if you don't mind. >>chair: we will go ahead and open public hearing . No names on the speaker cards . Are you carmen? How much time do you need, say your name and address for the record. Go ahead MISTER Director. >> application 3f , application 202300 130 . No protests and no waivers on this application. . >>chair: for the name and address for the record. Maybe you could briefly describe it . >> we purchased this property almost 2 years ago. Originally it was a 2 and a half acre plot of land. We purchased the property we were ignorant to the fact that dividing the land , we found that after we purchased the property. So we do own more than the required amount of acreage. We have almost.8 of an acre . The other thing I the driveway is only 35 feet and the frontage is required to be 20 feet wide . There is another property. It has the same configuration and that has been approved for many years. So that's it, I just need approval for that. >>chair: seeing no one else here to speak is there any questions? >>board member bermudez: I will move the item, there are other non-use variances but whatever state recommendation is. >>chair: seconded by commissioner cabrera. MADAM Clerk please call the role . >>clerk: [Roll call vote] Motion passes 8 to zero . >> thank you for coming. . >>chair: I have a motion to adjourn , all in favor signify by saying aye.