Miami-Dade BCC - Comprehensive Development Master Plan

>>CHAIRMAN Diaz: I have a motion by the vice CHAIRMAN, second by payment. All in favor say amen one. >>CHAIRMAN Diaz: okay. We need to open a testimony. >>Female Speaker: yes, if I can read the first two, the first item. This is a small seal application. It is item 3 I, ordinance relating to miami-dade county conference of development master plan providing disposition of application number cdmp 2020 1009 located on the north side of southwest 24th street coral way between southwest 99 and southwest 100 avenue filed by southeast property group llc as an out of cycle application to amend the county's conference of development master plan providing separability, exclusion from the code, and an effective date. Also three a supplement and three letter a1, which is the companion resolution for this application in the event that the pcc decides to convert this item to a standard application and transmit. But at the letter pcc takes final action on this small-scale application today, then the resolution to transmit will be withdrawn. This is a public hearing. >>CHAIRMAN Diaz: thank you. So we got items -- we got a bunch of speakers come about five people on 3a, the comp items. That first. And I will have these people come up, please. The following, and please come up, stand in line on what side or the other. Were surgeon in arms? Make sure that we line them up and put one in each podium. Brown, belafonte inslee, derail young, kent forbes. Please come in the order you were called, please stand in line. One more time: car made brown, hindley young, and forbes. Please come down. Who is waving and spport? All of them? Okay. Thank you. Like at the record sure that everybody that was asked to come up and speak and requested to come up his weight in support of the item. That is item 3a. MADAM Attorney? I will proceed with the item. >>Female Speaker: yes, if there are no other speakers, we can proceed. >>CHAIRMAN Diaz: anybody else on 3a that did not sign up? Sign to walk forward? Okay. Let me be real clear: if we could do these presentations fast, especially if the people in favor of no protest, we would really appreciate it today. So those attorneys that are earning your paycheck, do it fast and you might earn it faster. So let's go. On 3a. Losartan, your he representing? >>Male Speaker: and he representing southeast property group and norman feel saturday at 3250 ne. First avenue. This item that I have before you is that commissioner soto's district, in westchester. It is a conference of plan application. The application that is before you is an item that we are going to seek business in office. The application has full staff support. It's been vetted by staff in working with staff for a very long time. And there is really three reasons why we need this application. I will keep it very brief, but, number one, from a compatibility standpoint, there is on coral way to put single-family homes. It really does not make a whole lot of sense. Property was dveloped over the years, you can see that it's a vacant piece of land that is on coral a and it's vacant for a reason, they can for a long time because the zoning for it which is single-family is not really compatible. With that particular site, we have strong support from staff. I know that the CHAIRMAN Is waving me on to move forward. The vice chair as well. I will conclude my -- >>CHAIRMAN Diaz: you get the idea, right? >>Male Speaker: that is it. >>CHAIRMAN Diaz: with that, are you done? >>Male Speaker: I am done now. >>CHAIRMAN Diaz: any opposing? Okay. Senator soto? >>Female Speaker: second. >>CHAIRMAN Diaz: moves the item. Second by commissioner sosa. roll call. >>Female Speaker: MR. Jurkovec and just clarify the amendment quickly, it would be a motion to adopt with the proffered covenant, my understanding the applicant is not meet the standard condition of additional time to submit because he has submitted the covenant in the opinion of title and everything is in order. >>CHAIRMAN Diaz: MR. Lessard takemoto put on the record is a accepting? >>Male Speaker: we accept the conditions, absolutely. >>CHAIRMAN Diaz: the amendment of covenant. By the attorney, I have a motion by senator soto, second by commissioner sosa. Roll call, but in clark. >>MADAM Attorney: commissioner cohen higgins. >>Female Speaker: for. >>MADAM Attorney: commissioner garcia? Commissioner hartman, commission him in? >>Female Speaker: yes. >>MADAM Attorney: commissioner higgins? >>Female Speaker: yes. >>MADAM Attorney: commissioner martinez. >>Male Speaker: amen one -- wait. I want to change that vote. >>MADAM Attorney: I'm with you, mid commissioner martinez. I want to reverse my vote. >>CHAIRMAN Diaz: the nerves are going off. MADAM Clark, where we at? >>MADAM Attorney: commissioner monestime commit commissioner sosa. >>Female Speaker: yes. >>MADAM Attorney: commissioner soto. >>Male Speaker: yes. >>MADAM Attorney: vice CHAIRMAN Gilbert. >>Male Speaker: yes. >>MADAM Attorney: german ds? >>CHAIRMAN Diaz: yes. >>MADAM Attorney: motion passes 9-0. >>CHAIRMAN Diaz: all right. Thank you. Next iem? >>Female Speaker: one question, point of clarification: since this cgmp item is comparing with the signing application -- >>CHAIRMAN Diaz: we now. Commissioner sosa already -- we are taking all of the. [Indiscernible] [Cross talk] >>Female Speaker: you are correct that this is a concurrent application with the zoning. The comp plan, the zoning application will be taken up later today this meeting. And as part of that, you are correct. >>CHAIRMAN Diaz: okay. Let's go on. >>MADAM Attorney: item 3b is also a small-scale aplication commit 3b, 3b supplement, and 3b letter one. Item 3b, ordinance relating to miami-dade county conference of development master plan dividing disposition of application number cdmp 2020 10014, located between memorial highway and spark canal, number four, and plus or-406 feet south of the northeast 146 street filed by living near ivanoff in the OCTOBER 2021 cycle of applications to amend the county's conference of development master plan providing separability, exclusion from the code, and effective date together with 3b supplement and the companion of resolution for this item. As I mentioned, this is a small-scale in the event since the pcc decides to convert this item to the standard application transmits the resolution is before you. But if the pcc takes final action on the small-scale today, then the resolution to transmit will be deemed withdrawn. This is a public hearing. >>CHAIRMAN Diaz: thank you. MADAM Attorney. I have the following people to speak on this item. Again, if you want to waive and support or against, I have marvin ramsey, john Mcwilliams, michael guerrero, henrique frnandez. Please step up. Once again, you have two minutes to speak. State your name and your address clearly. Get close to the mic so we can understand what you are saying. With that, sir, your name and address. >>Male Speaker: good morning. My name is marvin ramsey. My address is 326 ne. 1/52 street, miami, florida 33162. Commissioners, I am currently the PRESIDENT Of biscayne gardens civic association, representing the members and residents of that precious neighborhood. We strongly oppose this request an increase in density and have a decision on this matter be delayed until the developer has met with the residents, as many other developers have, and members of this civic association. This will provide the community with more details on this project that we feel will diminish the way of life for our protected species such as our amenities, the red sox, many others, that use this waterway as a beacon for their very existence. A quote from MS. Marjory stoneman douglas, to be a friend of the everglades, so it does not mean you have to spend time wondering around out there. I asked that you delayed us until the developer has found time to meet with the citizens of our neighborhood. Thank you. >>CHAIRMAN Diaz: thank you, sir. Next person. >>Male Speaker: good morning, MR. Chair and members of the commission. Miguel marrero, harper and attack and is here on behalf of the applicant with me today is our team and john Mcwilliams who signed in as our traffic engineer. >>CHAIRMAN Diaz: do you want to wait until I hear from the people? >>Male Speaker: absolutely. >>CHAIRMAN Diaz: thank you. So, sir, come forward. You are with them. You are part of the applicant? Okay. Anybody else that would like to come up. Sorry for pronounce that wrong. maria? They just added your name. I will call this one more time. Maria carrelli. Okay. Come on down, ma'am. You have two minutes to seak at the podium. Give me your name and address, please come again. I don't think I pronounce you less improperly. I apologize. >>Male Speaker: executed. >>CHAIRMAN Diaz: thank you. >>Female Speaker: 4611 north star drive, miami, 33161. >>CHAIRMAN Diaz: go ahead, ma'am. >>Female Speaker: I have been to kayak frequently in the canal surrounding this property. It is a low point where the sperm meets the canal, which leads to biscayne bay. There was a house there destroyed by hurricane irma. Roof is blown off, floors flooded, electrical burned out. The last I heard, the county was interested in buying the property and converting to a park, with water access for the community. Event in OCTOBER of last year during a canal cleanup that I was part of, I observed construction fill material spilling into the canal, condemned house completely gone and almost all trees have been cut down. Inquired about the work. I found ot that it already been done without a permit. They had already started working. Even the church, including in this application has violations for soil improvements for that without a permit. They have heavy construction equipment in the back of the property just ready to go for construction without approvals, without permits. I'm just wondering how we can award this applicant with a density increase when there is already a track record of disregard for the environment as well as county processes. I would much rather the county proceed with their plans to purchase this property and converted to a public park, water access for the community. This is a beautiful and fragile canal system that should be preserved and protected. The mmorial trial project, which was mentioned, could help better the area and community engagement at a time when we need it most when this community needs and most. Is a very important convergence point for the area. I really believe that we must take responsibility for the commitments we have made and the promises that we make, especially with earth day being tomorrow. Really, if there's any way that the community can be involved with this memorial trial project that has not been already approved by funded, I'd be. To take the lead and represent my community and continue with that. For your time today. I appreciated. >>CHAIRMAN Diaz: thank you, ma'am, for your testimony. That's not the presenting council? and the applicant? I will ask one more time: anybody else -- ma'am? Okay, please come up. Sergeant at arms, make sure she fills out the paperwork. >>Female Speaker: good morning . >>CHAIRMAN Diaz: good morning, jim. Chair and members of the commission, my name is anne cates, cats I live at 1399 nw. First avenue and biscayne gardens. I lived in that house for almost 57 years. I am here this morning to speak against this proposed development. As a resident, long-term resident and also as chair of the zoning committee of the biscayne gardens civic association. Actually, I was going to request that this hearing be continued because biscayne gardens civic association just recently learned of it, and we have a petition circulating. But we have not had enough time to get very many signatures. But I have my householders right here that I'd like to put them on record, if I MAY. But as a resident, I am here to ask you to please, don't do this to my neighborhood. We have been fighting these types of applications since 1997, at least. And as the chair of the zoning committee and by way of history, I would like to tell you that some of the things that have happened and the reason we are trying to maintain the character of our neighborhood. years ago, the planning department finally woke up and realized that biscayne gardens was similar to pinecrest in the south. We are at the north end because our houses -- my house is on an acre. There is many five acre parcels in the regular lots are much bigger than any of the new developments. So we are very well developed neighborhood. But it's single-family residential. But by way of history, tere was five acres in 1999 that requested a facility for a church. And the association fought it but of course we lost. And the church promised there'd be an evacuation center, they made all kinds of promises. That was in 1989. That parcel of land, there is no charge. It is still vacant. >>CHAIRMAN Diaz: MADAM CHAIRWOMAN, I -- you your two minutes are a unthinkably testimony. >>Female Speaker: anyway, that parcel lost over $1 million in -- >>CHAIRMAN Diaz: thank you for speaking. Now I'm going to ask one more time. Anybody else? All right, let the record show nobody came forth. Do you want to present now? Thank you. Commissioner monestime, this is your area. >>Male Speaker: I just want to tell anne cates, good to see you again. i -- >>CHAIRMAN Diaz: I hate covering her off but I have a to give everyone two minutes. That's the way it is! Circular presentation. How much time do you need? >>Male Speaker: no more than five minutes, but I reserve time for rebuttal, the structure. >>CHAIRMAN Diaz: is there an opposing attorney? You've got five minutes. >>Male Speaker: good morning again, MR. Chair. Mccue herrera here with check for cal larkin and tappan's and a replication team on behalf of the applicant. I have a full presentation that I can make, but I would like to address some of the points. Will remind you that there is staff recommendation of approval. We were here at the planning advisory board also recommended approval of this application. And we were not able to meet with the community council is there was no quorum. To address some of the points that were made, this is a 0.88 acre application area, client area. The application areas little over seven acres. We have included the charts. I don't represent the church. I represent the owner of the 0.88 acre parcel. Meeting with staff arguments we conclude the church since the property to our north and the property to our south are already low to medium density and it would make more sense from a continuity incompatibility standpoint to connect those. We have done our analysis for traffic and have worked with your staff and found that there was no issues. I want to focus on some of the things that were mentioned earlier so that we can clear the air. We have been in touch with biscayne gardens on MARCH 3, and we are told that there was no opposition for this application. One of the things that they asked to do was, looking at the kayaking into the park and recreation component, we did that. We have a covenant that I could pass out the wall. It's already been signed by my client. The only reason it's not fully notarized is because staff has some changes earlier this week which we have made all those changes. Can pass this out, if that's okay with you all. >>CHAIRMAN Diaz: give it to the clerk. >>Male Speaker: essentially come over the company does is it addresses some of the items that were mentioned by the second speaker. The area is near this memorial trial project. We have agreed to do several things, some of which includes the kayaking component that was discussed. Improve at our expense the memorial trail along the property. Provide bike storage for the bike path. We have agreed to provide shading and storage areas and basically to improve the areas so that going forward and pursuant to the covenant, there can be park improvements. This is a result of our discussions with the county parks department and basically addressing all of the requests that they had. We met with them and they were supportive and that's what the covenant deals with. This covenant is a proffered covenant by our client. Again, we don't have a sony component here. It was always our intention after the initial discussion with biscayne gardens that we now are almost done with our plans and zoning application. Sometime in JUNE. We were always planning to meet with biscayne gardens when we have those plans. Right now's increase. The property today can do five residential units. After the application, it's 11. Minor increase. The net traffic increases nominal, and we have addressed all the questions raised to us by staff, all departments are recommending in favor. Certainly, now that we are well into dveloping a rezoning plans and our site plans, we will take that to biscayne gardens and any other neighbors that are interested in the project. So we ask that you follow staff recommendation and planning advisory board recommendation in support this application and allow us to move forward to zoning. Here to answer questions you MAY have. our applicant team is here. Traffic engineering team is here. We hope that you support the application. >>CHAIRMAN Diaz: thank you, sir. Cmmissioner monestime, what is your flavor on it? >>Male Speaker: well, I have a couple questions for staff. Thank you, MR. Chair. The attorney is correct when he stated that this is going to be increased from six units heavily from 11 -- to 11. >>Male Speaker: commissioner monestime, it's currently low density residential which allows 16 units per acre. The request is for low medium density which allows up to 13 units per acre based on the acreage, 0.88 acres. >>Male Speaker: this is what you all consider small-scale amendment, right? >>Male Speaker: based on the acreage of the application site, yes. It qualifies as a small-scale aplication based on -- the state through chapter 1603 determines once a small-scale location. [Indiscernible] And the application less than 50 acres is considered a small-scale application. >>Male Speaker: and this property is facing memorial highway, right? >>Male Speaker: correct. >>Male Speaker: when you mention on this -- well, as per your recommendation, it mentions that I think it's consistent -- he used the word consistent to other zoning in the area, other -- what is it consistent to? What is the consistency conforms with? >>Male Speaker: we look at the general development trend in the area. >>Male Speaker: okay. >>Male Speaker: we also look at the land-use designations in the area. Just abutting to the north of the application site is a property that's not -- that was redesignated to low medium designation which was the request in this application. Also, on the south sde of the property, there is a school and a significant area designated -- the school is on low density designation in a part of it is low medium density designation, right? Then there ae residences that are built adjacent to the school. Designated low medium density. Designations o those properties. >>Male Speaker: let me see if I can make it simple because your jargon is not helping me. Meaning it is abutted by a school and some other townhomes. Is that what we are talking about? >>Male Speaker: yes. Essentially, the development in the area is similar to what is being requested. Speaker: oay. Similar to what's being requested. So this is not a zoning hearing, but I assume that if he is going to put 11 units there, it's not going to be anything but a townhome, make sense? i see a lot of people nodding their head except you. >>Male Speaker: I generally agree. The unit type you see is likely to be townhomes. >>Male Speaker: okay. Very good. So thank you very much, thank you very much, sir. MR. Chair, and moved to uphold staff recommendation. >>Male Speaker: second. >>CHAIRMAN Diaz: motion by commissioner monestime, second I think was martinez, right? Commissioner martinez. >>Female Speaker: MR. Chair, if I could just -- >>CHAIRMAN Diaz: I was just going to you. Anything to add? >>MADAM Attorney: I think we need to close the public hearing. Public hearing, I'm sorry. Should have closed it when I asked everyone and no one can fourth. Public meeting has been closed. >>Female Speaker: the motion would then be to adopt with acceptance of the proper covenant with the standard condition within the applicant would have 30 days to submit the final proper covenant and legally sufficient opinion of title and the director MAY grant an extension of time for good cause shown. Not submitted, the application would be deemed withdrawn. >>CHAIRMAN Diaz: okay. It's as accepted, am I correct? >>Female Speaker: is, as stated by the attorney. MR. Chair, received a note from members of the association that the applicant has not met with them. So I desisted before the zoning hearing that we meet with the civic association. >>Male Speaker: absolutely. >>CHAIRMAN Diaz: did you get that, right? Okay. All right. I have a motion -- commissioner sosa community to add something? >>Female Speaker: I have a question and I think it's consistent with what is there with support. But as for the call, connection to the public sanitary system will be required, right? Has to connect with the city of north miami, which is the closest one. That is a very good plus. [Indiscernible] And then we will take the measures for raising the elevation of the property to address flooding and storm water management, right? >>CHAIRMAN Diaz: that's also a requirement, commissioner. >>Female Speaker: plus, plus, thank you. >>Male Speaker: we have a few beautiful fire station that would be built adjacent to the property very soon. >>CHAIRMAN Diaz: all right. Once again, I have a motion by -- as accepted and changes made by the attorney by commissioner monestime and second by commissioner martinez. With that, MADAM Clark, called the roll, please. >> commissioner garcia. >> for. >> commissioner heyman, commissioner hey kids. >> yes. >> commissioner martinez lex aye went. >> commissioner monestime. >> yes. >> yes. >> commissioner soto. >> yes. >> commissioner cohen higgins. >> for. >> vice CHAIRMAN Gilbert. >> yes. >> CHAIRMAN Diaz. >> yes. >> motion pais says, 10 dish zero. >> thank you. >> thank you. Day. >>CHAIRMAN Diaz: MADAM Attorney? >>MADAM Attorney: MR. Chair, the final items on your cmp agenda are both dated applications before you for public hearing and final adoption. Fregia will read the ordinance title. The first item is item 7a. Is ordinance relating to miami-dade county severance of development master plan providing distribution of -- cdmp cmpd 2021 regular tour and economic resources limiting the components of development master plan to add strength three elements. 13? 13 title private property rights element providing separability, exclusion from the code, and effective date. This is a public hearing. >>CHAIRMAN Diaz: sorry, I was just getting some updates. Say that again, MADAM Attorney, the last part. >>Female Speaker: this is a public hearing item on item 7a. i don't know if -- >>CHAIRMAN Diaz: thank you. >>Female Speaker: -- have any speakers. >>CHAIRMAN Diaz: I don't think I have anything on 7a. Anyone here on 7a? >>Female Speaker: second. >>CHAIRMAN Diaz: there's no one here on 7a. I will call close public inside of it. I have a motion by -- >>Male Speaker: move it. >>CHAIRMAN Diaz: commissioner him and second by martinez and sosa. All in favor -- now, vocal, MADAM Clark. >>Female Speaker: cmmissioner hammond. >> commissioner higgins. [Indiscernible] >> commissioner martinez. >> aye. >> commissioner monestime commissioner sosa, commissioner soto. >> yes. >> commissioner cohen higgins. >> for. >> commissioner garcia. >> yes. >> vice CHAIRMAN Cobit, CHAIRMAN Diaz. >> yes. All right. >>Female Speaker: motion passes 10-0. >>CHAIRMAN Diaz: thank you, MADAM Clark. Now I have 7b. >>Female Speaker: 7b is ordinance relating to miami-dade county comprehensive development master plan providing disposition of application number cmp 2020 0009 located between southwest 88th street and southwest 96th street in between southwest 107th avenue southwest 162nd avenue followed by kcc southwest 88th street llc as an out of cycle application to emmet county's and friends of development master plan providing separability, exclusion from the code and effective date. This is a public hearing. It's also one of your concurrent cmp zoning items on today's agenda. If there are speakers, MR. Chair, then the public hearing can be held just once, now, and the speaker, members of the public can be sworn in. And then that testimony will be adopted as part of the zoning hearing next. >>CHAIRMAN Diaz: thank you, MADAM Attorney. I love when you guide me through all of this. So thank you. MADAM Clark, we need to swear in some people. I have kind that have signed up. I don't know who else wants to speak on this item do, make your way to one of the sergeant in arms and get the car filled out now, please. Medical, you want to do -- do what you do best, swear everybody in. >>Female Speaker: good morning. Please stand and raise your right hand. Do solemnly swear that the testimony you are about to give is true, the whole truth, and nothing but the truth, so help you GOD? >>CHAIRMAN Diaz: hold on one second, MADAM Clark. let's try that again. A lot of people were trying to decide if they are getting a not. Those people that want to speak on this item that have, you know, been on the list are not on the list and want to speak, please come at this time, you need to be sworn in. Let's go again. >>Female Speaker: please raise your right hand. To do solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you GOD? >>CHAIRMAN Diaz: thank you, MADAM Clark. With that, I have given kevin dietz, monica morales, make your way down as I call you names, please. Low porsche root event, jake kuso, javier mello, gladys rooted all. Street of aunt, michael rosenberg, or tisha gordon davis. Please line up. Surgeon in arms, help them. That is all I have here. Once again, if we are going to speak them and make sure that the surgeon in arms will follow one of those papers were you fill it out for him. I have kevin. Surgeon, take the podium first and then follow speak thank you. Good morning. >>CHAIRMAN Diaz: thank you, sir. >>Male Speaker: I represented the 55 miami loc. >>CHAIRMAN Diaz: hold on one second. Ladies and gentlemen, you have two minutes to speak for your testimony. Please state your name and your address before you speak in the clock will start right after that. Good? Thank you, sir. Go ahead. >>Male Speaker: my name is kevin dietz, 500 s. Dixie highway suite 304 coral gables, 33146. Suburbs and 9355 miami loc, and we are the owner of the assisted living facility within the project. We are not oposed to the application. 25th amendment to have include -- have them include the 1000 residential units. However, there is a scriveners error that creates an inconsistency between the proposed change words is up to 200 beds in the proposed amendment where it -- to the covenant were says and hundred 52 beds. So we currently have the right to 200 beds and the covenant, which would control the future be interpreted to mean that we are only allowed to have 152, which then, you kow, an argument can be made that today in our rights to 200 beds are now being taken away. However, it could be misinterpreted for the future. We are asking for today the scriveners error be corrected administratively by removing the words and 152 beds in the language within the covenant would request that it be done. I don't know what the process would be other than to request it. so... >>CHAIRMAN Diaz: thank you, sir. Ma'am? Staff committee code staff table, answer the question. >>Male Speaker: we got to deal with it out here. I am familiar with the issue. >>CHAIRMAN Diaz: okay, good. Commissioner of the district will respond to you. Okay. Ma'am? >>Male Speaker: my name is monica morales, 15469 sw. 1/47 street. I would like to to know this project brings everything to the south bay area that we need for families. There's not a lot of restaurants and open areas to fish dish in the area that we are out. I used to live by the coral gables area where there's a lot of restaurants, parks, and you can ride bicycles and everything around there. We don't have that here. We need places like this, open spaces where we can going to have family dinners, lunch, dinners, gatherings. Then be able to hang out with our families like in the park, the common area that will be there. So I would like you to please approve this. Thank you so much. >>CHAIRMAN Diaz: thank you for your testimony, ma'am. >>Female Speaker: per patricia gordon davis and my husband is shannon davis, 8910 sw. 1/72 avenue, miami, 33196. I am here to just thank commissioner martinez for supporting this application. It's been a long time coming. We need it. It will reverse traffic and bring traffic and entertainment to the area for all this committed to living up to the west end. Approve it. Thank you. >>CHAIRMAN Diaz: thank you for your testimony. Speaker: it's not the wednesday speaker I was called at that. Robertrosenberg. >>Male Speaker: MR. Rosenberg, 13030. [Indiscernible] Drive. In 2016, the kendall federation passed a resolution encouraging a moratorium on new development in kendall. However, in the past six years, the kendall federation is taking a different approach to new building projects in our community and we have decided that our best hope was to work with developers to try to mitigate what new development would bring. To that effect, we have discovered three types of. [Lost audio] And dyad that is ugly. The good of those that work with and listen to the people, they have meetings with the intent to act upon this suggestion that they received to try to alleviate the concerns of the community. In many cases, do everything possible to create positive outcomes. In other words, they will be good neighbors and they really care to try to leave the community better. the bad are the ones that have a legal right to develop, gives some lip service to act like they listen, make a few token efforts to make some things help. At the end of the day, they leave our community worse off. Finally, the ugly: it's all about the money and the greed. No concern to how ravaged the community might be after they finish the project. They have no listening skills and no interests me on the dollars. The good, the bad, the ugly. As an organization that's battled against the bad and the ugly for decades, the kendall federation is here to tell you that kendall towncenter 88 is one of the good ones. Kt cd8 is has had more public meetings than I can count. They truly listen. They return phone calls, they have acted in positive ways for request ask of them. They ask us questions. I have seen them writing down notes when someone from the community makes a suggestion. The center will be a great enhancement to the lifestyle of west kendall. Bottom line, community will benefit. The kendall federation encourages the bcc to focus on this project as soon as you can. We certainly do. Thank you. >>CHAIRMAN Diaz: thank you, sir. Right. Echo dot names but I don't see anybody else coming forward. At this time, nobody else has come forward. If I close the public hearings out of the meeting. Who is representing? >>Male Speaker: good morning, MR. CHAIRMAN commission. >>CHAIRMAN Diaz: good morning. >>Male Speaker: [Indiscernible] Biscayne boulevard. Applicant today, representing one of the good applicants to use -- >>CHAIRMAN Diaz: is there a movie like that? >>Male Speaker: MR. Chair? >>CHAIRMAN Diaz: must commissioner martinez. >>Male Speaker: if I might, we saw this preliminarily back on NOVEMBER 21. It's unanimously sent through. Is going to get paid anyway. Maybe we don't have to see dish dispute he gets paid well too. Presentation. There are a few housekeeping items that have to be taken care of, for example, the 152 which I believe is just as corrupt or scriveners error come as the attorney likes to call it, on the 152, they already have 154 beds and they are permitted up to 200. How they will resolve it, I guess attorneys will tell us now and there is also a segment paragraph 32 that they want to remove it that will explain the reasons. So if we can get into that right now and anything else, you want to try to make my life miserable for this morning, go right ahead. >>CHAIRMAN Diaz: okay. Are you okay? Are you okay that the presentation moves forward? i don't want to make sure -- >>Male Speaker: absolutely. I just want to say that we have been in touch -- we send our covenant to MR. Deebs' client in early MARCH. Only heard from them last week. Trying to resolve this issue, we don't have any objection, but I think we have to hear from your county attorney. >CHAIRMAN Diaz: thank you, sir. That's what we will do now. >>Male Speaker: one other thing, there are some minor modifications that staff has requested to the form of the covenant and we will distribute those to you now. >>CHAIRMAN Diaz: your clients are okay with that. >>Male Speaker: yes, sir. >>CHAIRMAN Diaz: with that, MADAM Attorney. >>Female Speaker: commissioner, with respect to the commission 32 that commissioner martinez alluded to come and that's related to the zoning that MAY be simplistically explained that once nathan makes his opening statement. With respect to the gentleman who mentioned a possible scriveners error, it's not a scriveners error. It was actually in the advertised text for this. However, I think what the gentleman said he is concerned with the attorney said he is concerned about is a possible tension between the allowance in the proposed -- the proposed -- yeah, again, this is also the zoning, but the proposed development order related to -- right, that says something about 200 als beds. In the cd mp covenants, which is actually talking about something else. In the cdmp covenant, is talking about an additional 1000 residential units. That would be allowed. And it says that this 1000 limitation will not include the existing 152 als beds. So there actually isn't -- there actually is not a tension. My understanding is that the zoning directors offered to give the gentleman a letter of interpretation to address his concerns. But because it was -- again, we don't think it's a conflict, but because it was advertised in the way it was, it's not something that can be changed. Again, these are on the zoning. >>CHAIRMAN Diaz: thank you. MR. Martinez? >>Male Speaker: she just told me dish that she said 1000? Or is that the 800 with the 200 from the als? >>Female Speaker: I'm sorry. Is MR. Cogan can explain cme he MAY be able to -- >>Male Speaker: what now? >>Male Speaker: so the development as proposed is retail office and 800 residential units, plus the 200 for workforce housing. As part of it. The covenant, the purpose of the covenant is to explain that the assisted living facility, the beds within the assisted living facility are not counted towards the residential component because that's a separate use. So the covenant, the purpose of the covenant is to clarify that those existing, and at the time they submitted, it was 152 beds, that the 152 beds are not considered residential. They are not penalized. They do have the right to go up to 200. From a staff perspective interpretation that they have a right to go to 200. It's immaterial, the 152. They have the right to 200. I will put on the record now we will issue an interpretation. It is the zoning department interpretation that the als can build up to 200 units pursuant to the development order that is being proposed. As that gets approved, they will have the right to 200 units. That's 200 beds. >>CHAIRMAN Diaz: that particular als is when the cooperates and works with the police department. They have full generators and the hammocks police station, which actually, you know, we are closing a bunch of buildings for safety, yet we have officers, male and females in that, and I think they should be closed and condemned. You have sewer coming out of the water fountains, things are breaking up. We still have not gotten a lease on what they need. Take this opportunity to throw that in there. So where do we stand now. >>CHAIRMAN Diaz: it's on you. Motioning forward. What do you want to do? Mission martinez. >>Male Speaker: I will move it, MR. Chair. >>CHAIRMAN Diaz: I have a motion by commissioner martinez , second by commissioner higgins. Anybody else would like to speak on this? I know, anybody else want to speak on this? MADAM Attorney. >>MADAM Attorney: thank you, MR. Chair. To clarify the motion, this is on the cdmp application. It would be to adopt with the proffered covenant. The standard condition would be that the applicant would have 45 days to submit the final proffered covenants. Opinions of title, otherwise the application will be deemed withdrawn and the director MAY grant extensions of time for good cause shown. >>Male Speaker: exactly that. >>Male Speaker: yes, thank you. >>CHAIRMAN Diaz: the motion as accepted by the commissioner of the district, but the attorney? Thank you. Seconded by commissioner higgins. Roll call, MADAM. >>. >>Female Speaker: commissioner heyman, commissioner higgins. >> yes. >> commissioner martinez. >> yes. >> commissioner monestime. >> yes. >> yes. >> commissioner soto. >> yes. >> commissioner hogan higgins. >> for. >> commissioner garcia. >> for. >> vice CHAIRMAN Gilbert. german diaz. >> yes. >> motion passes 10-0. >>CHAIRMAN Diaz: thinking. That takes care of the comps and you lead us into the first adjacent items in zoning [Cross talk] Okay. Wants to go the proper way. Moved to adjourn the cdmp. I have a second by commissioner higgins. All in favor say aye. Now we open up with zoning unless you want to do with the other way. >>Female Speaker: would you like to take the qtc zoning application first? That's at your -- >>CHAIRMAN Diaz: that's what I ask. Matching applications. >>Female Speaker: the director needs to read his opening statement. As I mentioned at the beginning of the kdc dmp application, the testimony that was given in the cd mp portion will be incorporated in the record for the zoning application and would serve as the pblic hearing. >>CHAIRMAN Diaz: okay. So stated. At this time, which nobody want to go first? >>Male Speaker: I will read the opening remarks and then I will read in the first item