Miami-Dade Zoning Board Agenda

>>commissioner regalado: just for the record I was listening to it in the car so I can vote on it when it comes back. There wasn't much said . >>chair: way for me to recognize you and don't cut me off in the middle of a sentence . It was quick but sometimes it isn't rally quick, is it ? Let's go to zoning. >> with the cdmp adjourned we will go into zoning and it will be time now for the director to read his introductory statement . Sorry, not adjourned, recessed . >>chair: so we need to do this. >>commissioner regalado: MR. Chair, I'm going to wait this time. Commissioner higgins is asking that we defer 3-d and 3f . >>chair: are we there yet? Are you ready? Because I think we have a number of deferrals in zoning actually . >> good morning MR. CHAIRMAN, eric silva, rer. All items had been legally advertised, most of them mailed and properties posted. Additional copies are available in chambers. Items will be heard by agenda number and adopted. Board action items at today's meeting MAY be considered and additional action MAY be taken at such item on the same meeting. Applicants MAY wish to govern themselves accordingly. The reckoning file for each application of agencies, the department of economic resources and where there is an appeal from the zoning board we also have the transfer from those meetings. All documents are physically present and available to all interested parties and all members of the board of county commissioners during the hearing. Parties have the right of cross-examination. This statement will held of the fact that of a transcript of the proceedings and there's an official translator present for those requiring such assistance. Will the clerk please swear in the witnesses. >>chair: I think we've already sworn everybody in but if everybody else wishes to speak, have you been sworn in before? Everybody else. Where are we? Take up all the deferrals? We have the memo from commissioner higgins on what are the item numbers? >> 3b and 3f . >> are the folks from 3b and 3f here, we are doing deferrals on those. Commissioner , do you wish to defer the items? It's been moved and seconded >> I have to read the item into the record and announce the date. Owner llc number z022000, 241. No protests and no waivers supporting his patient and the request is deferred until JUNE 20. >>chair: read the application. >> 3f, application number z2023000355, no protests and no waivers . >>chair: moved by commissioner regalado, seconded by commissioner cohen higgins. All those in favor of deferring until JUNE 20 meeting signify by saying aye. Show the item is deferred. Any other deferrals, yes. >> item 1b, 296 legacy llc application number z20233000037 , we've had seven protests and no waivers of support and this is requested to be deferred until JUNE 20. >>commissioner cohen higgins: I moved to defer until JUNE 20 . >>chair: moved by commissioner cohen higgins, all those in favor signify by saying aye. Any other deferrals . >> application 1d financial application z202300 application z202300233 we've had two protests and 20 waivers of support and this is an indefinite deferral to know date certain. >>chair: what is this? indefinite deferral, no date certain. >>chair: who is rquesting the deferral? >> this is the one the applicant spoke about. >>chair: the mobile home. So know date certain, all right. The item. It's been seconded by commissioner cohen higgins, all those in favor signify by saying aye. Show it deferred. >> mark, application 2000 >> mark, application 200070, no protests and no waivers of support and the request is to defer to JUNE >> mark, application 200070, no protests and no waivers of support and the request is to defer to JUNE 27. >>chair: whose district is this? >> district 9. >>chair: who is requesting a deferral? >> both the applicant and staff. It was a parking lot buffer variants. >>chair: you good? I'll make the motion. >>commissioner regalado: move it . >>chair: motion made by regalado, all those in favor signify by saying aye. Show the item deferred. >> application 3h, 585 95th ter., application number z20233000412, no protests and no waivers of support in this application. This is commissioner hardemon, requested by staff because there is a concurrence and the application has to catch up to zoning so they should be before you in the next month. >>commissioner regalado: move it . >>chair: moved by regalado, seconded by bastien. Those in favor say aye . >> through the chair for those five items just deferred by this board to the zoning meeting that is the notice that would be an additional notice, it was the deferral of those five items deferred until the JUNE meeting. >>chair: where are we now? >> I'll go into the regular items now. Application 18, z2022000251. We had no protests, 20 waivers of support. Pool setback? What is this? >> this is a couple setback requests. There is a request for a pool setback in the pool is on the corner lots of setback is from the street. >>chair: okay. What's the actual recommendation? >> staff recommendation is approval with conditions. >>chair: was give commissioner hardemon a second to get here, hold on one second. >>commissioner regalado: can we move the ones where folks are here? >>chair: I was going in order obviously but give us one second, we're going to come back to this item. Give us something not in district 3 . >> application 1c, new bean holdings llc application z2023 z2023000 z2023000146. We've had no protests and no waivers of support in this application . >>chair: what district? Okay. is the applicant here? What are they asking for? You are recognized . >> ben fernandez 200 south biscayne blvd. Here on behalf of romain holdings, as staff indicated this is an application inside . >>chair: how much time you need? >>chair: we can do that . >> this is an application inside the urban development boundary a request for rezoning from a us agricultural to the estate district modified 15,000 ft.B2 and larger lots. We are proffering covenant that ensures the density and project would be consistent with the comprehensive plan. This is the second question property outlined in green you see the lion's share of the area is already developed mostly eum zoning. There was eu-1 zoning approved to the south. This is land designation which is the state desert density residential with its which is consistent with a request we are making for zoning and is also proximate to the commercial node at the intersection of chrome and 2/72, most of you will know that as redmond. This is a stone's throw, a long stone but a short walk to the redmond grill and the bun zoning that exists at that corner that you see here. The area has eum zoning to the north, uc country ridge outside of the urban development boundary but is zoned eum and we believe consistent with that we are all also on 2 72nd st. Which is the section line road and we believe the density of eum is appropriate given the location on that section and the proximity to the commercial node. Also abutting to the west is the event venue, a new venue that will have weddings and all sorts of events so it's really kind of a commercial or an agri-tourism. We believe the eum zoning is transitional from that area to the subject property. We have no objections from any of the departments. Drm has no objection. Water and sewer, no objection. Fire department has no objection. We are meeting all levels of service and we have a favorable staff recommendation and no objections from any residence so I would ask that you approve the request. >>chair: okay, any questions, commissioner you are recognized . >>commissioner cohen higgins: to the staff, what is being requested? Is it a change from one home every 5 acres to one home for 15,000 ft.B2 or 7500 ft.B2? >> 50,000 ft.B2 . >> on page 35 of our packet and it in your presentation if you can bring up the slide I think it was number three or number four, that ws the aerial view of the subject property. >> absolutely I will but just to make it shorter for you we have a tentative plat that provides 20 homes which you will see in this lot layout plan so all the lots will be considerably over, closer to 18,000 ft.B2 each. Their oversized lots and you can see them here on the screen. This has already been approved by your public works department but I can bring up that slide for your course. I don't know how I go backwards with the slide. Is it the red button? That one. >>commissioner cohen higgins: there's no homes surrounding this property except the southeast corner, what is the zoning for the southeast corner ? Are those 15,000 square-foot lot? >> those homes are about an acre . >>commissioner cohen higgins: 1 acre. My concern is there's nothing around it similar to what you are requesting. So that's the concern that I have, I know you had staff approval on density but the concern is it's not compatible with the surrounding area. >> I'm going to take you back to this exhibit and I think you MAY have been speaking with staff but this one country ridge estates is eum in the agricultural area. Where you don't suggest this kind of density and it is directly north. There's also a lot of eum as you go east down to 72nd to the south and the problem with eu-1 lots in this area is eu-1 lots are selling for $1.5 million and up. It's not affordable to the residents of the rest of dade county whereas a eum lot becomes more affordable and ofers a large yard and the same type of house essentially and it's compatible because it's within the urban development boundary and it's proximate to the redmond grill which you are familiar with and have patronized many times so it makes sense there's also a new building under construction which is I think a quarter from this which is commercial use and there's also the villa paraiso venue, you don't seek its own because it's agri-tourism use. I'm not sure what their proponent is but you see it's already built. Due to the aerial photograph. So you have what is essentially quasi-commercial I would say commercial use which makes it tenable in an agricultural area. It's proximate to your commercial node where you suggest density is appropriate and guidelines for urban applied because you are inside the urban development boundary so we think it's appropriate but the common sense answer is nobody can afford a $1.5 million home, a few people. >>commissioner cohen higgins: but you're not proposing affordable units, 18,000 square-foot lot, I like that you're using the word as a trigger but what you're going to build are not affordable single-family homes, can we agree on that? >> I'm happy to provide a component if that's what you'd like . >>commissioner regalado: I have a few questions. So what is the price point of what you're proposing? >> I can't tell you what I can tell you most of the prices for eum in this area ranged between 500 and $700,000. No, for the home. >>commissioner regalado: okay. Well, we don't build so we're going to take your word for it . Another question, this is what's directly adjacent to it, can you go back to the map and show us what the other neighbors are doing? Because I agree, this is a commercial use. >> so you have eum that is further east, you have commercial that is northwest. And you have eu-1 lots abutting to the south approved, not existing yet but approved. So being that this is more proximate to the roadway and commercial node it would seem an appropriate transition for eum. Normally when you do this analysis and I went through your recommendation look at the adjacent and we talked about the three adjacent in the past, can you give us the reason for your recommendation? >> as shown on the map there's several dfferent types of is the zoning in this area and the parcels outside that have the eum that played a lot into the decision as well as the east, they are all within a half-mile and then the commercial node, they would be eu and our package is a little bit out of date. That red area closest is actually under construction right now so there's an office building or something up there now so that commercial node played a role in this decision. >>commissioner regalado: okay. So there is directly abutting to it, commercial. >> it's about 500 feet away. >>chair: 500 feet away so it's not pristine area. So when we talk about the development in terms of the development going around it's not going to continue bing residential in the sense that it is currently. >> it's two lots off of chrome so there are business uses off of chrome . >>commissioner regalado: and in terms of the outreach have you talked to the neighbors? >> we have the support of the neighbor to the south and the owner of the property has been there for many years at this site and they have no objection. As I mentioned next door to the west you don't see it on the map but it's the villa paraiso event venue and the most recent areas you have fountains, they have gazebos, that sort of thing. >>commissioner regalado: thank you. >>senator garcia: is anything happening with this land currently? So go back to the other one, the eu-1. That abuts, that is currently being developed or is there a place that we looked at better? That's going to be the shopping center or what? >> to the south would be a strip of homes, 1 acre each . >>senator garcia: and this would be less than 1 acre each . >> there's 17 to 18,000 ft.B2 so they're not quite an acre but there also much larger than 15,000 ft.B2. >>senator garcia: you keep going back to that slide , it's a commercial building, will these residents be aare they have this unit next to them that will be creating noise and they're going to come to us complaining about the noise because that happens time and time again. >> it's a good point. We haven't gotten that far yet but that's a good question . >>senator garcia: does this ever come back to us again? We will let them know about the venues next to them before they purchase these properties because there will be a problem. That we're going to have to deal with it. But I'm going to see what the commissioner wants to do because I am a little torn on this. I see what's happening in the area and anyone from agriculture here that can talk to me about the loss of the events and how it impacts our master plan, anybody who can address that? Any of us up here? Hasn't really affected? >> commissioner, through the chair in response to your question this is within the udb and the agricultural study will look at we looked at land outside the udb . >>senator garcia: it's a tough one for me but I would like to see something proffered. They have this venue right next to them. Because it's going to be a problem. >> that is I think a very good question. I think our colleagues would be comfortable with that disclosure so long as the place is in existence and also I'd like to know the inside development boundary agriculture is not allowed and we are inside the urban development boundary. It's zone weight inconsistent with the comprehensive plan. >>commissioner cohen higgins: thank my colleagues for their questions and my concern is the compatibility with the surrounding neighborhood and to staff the image if you don't mind to the applicants bring up the same image I asked you to bring up previously. The zoning if our staff can confirm the zoning to the southeast corner is zoned a you which is what this cart parcel is zoned for allowing it to build one on every 5 acres. Not this slide, the one with the aerial. >> I'm sorry. This MAY be more telling . >> if you can pull up the slide I asked you to pull u. >> it is not accurate within the southeast. >> it's number three or four on your presentation this one . >> you can see the houses to the southeast . >>commissioner cohen higgins: what is that southeast corner zoned as. It's zone au. Applicant did you know that was zoned au. >> it is zoned eu-1. >>commissioner cohen higgins: can we clarify what that is? >> the houses use the existing to the southwest . >> is its own agriculture or eum. >> can I ask the applicant to go back to the zoning map please? >> okay . >> I think you should look at your own zoning map . >> just the one from the packet. >> I don't believe I have the one from the packet. I am sorry. >> through the chair I think it was just on the screen . >>commissioner regalado: the black and white one. >> you can see the eu-1 to the south and right at the corner at the end on the east side I believe that's the last one the commissioner is asking about and au is to the top of that whole area curves around the au . >>commissioner cohen higgins: so 274th st. I want this to be compatible because it's the neighboring community and whatever that's zoned for is what this parcel should be zone for because this is not a situation of increasing substantial density. This is 20 homes so if you're going to develop consistent and compatible with the area if someone can be clear on what the homes were zoned south of 274th st., the corner of 173rd ave., that's the appropriate zoning designation for the applicant. If someone can be clear on what that zoning designation is. >> to match those properties this would have to be eu-1. >>senator garcia: what does it mean as houses per square foot, right now it's 20. >> if it was eu-1 he would get 10 . >> but the lots existing 1 acre lots so this is a community that is predates the agricultural zoning and in some ways not conforming with it but you can see them based on their size, you can see the outline out there, 1 acre lots which is consistent with the eu-1 zoning to the east you see on the map. Appropriate. >> I didn't want you to think they were more than 5 acres. >> I recognize they are one home per 1 acre which is the neighborhood and development that is as close to this parcel as I can see. I'm simply saying that the appropriate designation . >> yes but again country ridge estates to the north which is outside of the urban development boundary is eum and you also have are you one pockets to the west which are not that far. >>commissioner cohen higgins: I recognize the arguments you are presenting to support your request. My response is the appropriate designation is eu-1 for that parcel. >> even though they are unaffordable? >>commissioner gonzalez: you keep using the word unaffordable, you are not developing an affordable housing project. >> I am happy to consider that, tell us what you'd like to create an affordable housing product. My client is all here's. affordable would be on 18,000 square-foot lot I'm not sure how you would be able to deliver anything that is defined affordable. >>chair: of course I can. To answer my own question there, let me just clarify. She wants something consistent with the houses that are being bought there. Affordable housing in that consistent with the area right now. That's where we are . >> I am happy to accept that. >>senator garcia: it is what is the maybe someone can put this in the middle somewhere. 20 houses for the current plan, 10 on the eu-1. Whatever you want. >>chair: regalado . >>commissioner regalado: I think when you look at the map you realize that these 1 acre across the way are sandwiched in between a greater density. They have an office building to one side and they have a development with much smaller lots on the other side so I don't think they are the norm when you look at the map they actually are the anomaly. So I understand the desire to maintain it as large as possible I guess what it is inside the line and it is already being developed all around. So when you look at our rules, our comp plan says what you are requesting is reasonable. However I think maybe to find something if we do get something in the middle, if we decide on 15 instead of 20 I don't think that speaks to the affordability. That can't the affordability. I guess if you look at affordability as being relative to it is more affordable than an acre, but less affordable than half acres so if you're looking at affordability as a spectrum I guess to a certain extent it is more affordable. It is available to more people than if it was larger. But in terms of you know, what's been brought up I think there is going to be a depreciation of it because of the commercial that's going on around it so that's where I'm a little confused because there is a disconnect so we're saying we want to have larger homes on larger acres because that fits the neighborhood but then you directly are adjacent to a commercial and you're a few feet down from more commercial so that's where I think you might have a problem where your unintentionally depreciating because I don't think someone who's going to pay for an acre is going to pay for an acre sandwiched in between commercial. If you're going to pay for an acre you're going to go somewhere else. That's my only concern about it but if your client is willing to split the baby and do something different. >>chair: where looking at 15 so 15, is that what you said? >> I think that works for everyone. What the commissioner wants is consistent with the development and I understand what you're arguing. I get that but I see where the commissioner is coming from and we're all responsible here, I think that could work but I will make that motion to do it with 15. >>chair: zoning staff, how would you do that? >> we could go to the zoning district eus. Doing the simple math that gives you imacs of 17. >>chair: 17 is fine, there you go. Eus so now what do we need to do, do we need to move it as amended ? >> first we should clarify no one from the public wishes to speak . >> I thought we did that with all the items, does anyone want to speak on this item west and mark all right, no one stood up . >> I understand the motion is modified approval so what is granted is a rezoning to eus, originally the applicant had offered a covenant with the cdmp so that would be appropriate to include because you always have to be consistent with the cdmp. >>chair: thank you. Okay, so the motion has been made to amend the item consistent with eus zoning. There still including the language previously included. It's been moved by district commissioner, sconded by the chair. Call role. >>. [Roll call vote] Motion passes unanimously . >>chair: okay, commissioner hardemon, I know you have time constraints because you're in the middle of something in court, what do we need to do first and how quickly do we need to do it? >> there are continuances that need to be had. >> we did the deferral, we deferred something that needed to be deferred. >> I believe there is one more. >> commissioner hardemon had a deferral from the last meeting and tat is 1a . >>commissioner hardemon: MR. CHAIRMAN which items were deferred as of right now? >> earlier today we deferred item 1b, 1d, 3a, 3b, 3f and 3h. >> through the chair, also the cdmp item 3b. Sorry, it was not deferred but not decided. >>chair: so we know 3b is something we need for cdmp but we are in zoning right now. >>commissioner hardemon: I need to defer item will 1 a to the SEPTEMBER meeting . >>commissioner regalado: second. >>chair: moved and seconded, have we read it into the record ? >> application 1a, no protests and 20 waivers of support. >> to be clear for the record for notice purposes that's the SEPTEMBER 25, 2024 meeting. >>chair: thank you. Is the applicant here on this item? She can come forward. I'm just letting her know she has a translator. Good morning. There is a motion proposed to defer the item until the SEPTEMBER 25 meeting. Okay. On the motion to defer, not really. All those in favor of deferral signified until the SEPTEMBER 25 meeting, signify by saying aye. Those opposed, show the item deferred until sptember 25. What now commissioner hardemon . >>commissioner hardemon: the only other item was in the cdmp agenda . , item 3b. >>chair: anything else in the zoning first . >> there are two other items in zoning, 3c, 3e and 3 icon I have we had any of those items? So let's , although I'm on a time restriction let me put this where I am because I sat down and go until the meeting is adjourned. >>chair: but go, what do we have next? In zoning. >> one item left that is not in commissioner hardemon's district, it is in district 9. >>chair: read the item. And I want to point out we don't have items in district 1 ever. We just kind of mind our business in district 1. >> community counsels me and all type of stuff happens. >> we do have 2 items. >>chair: did we have a memo? Thank you. >> MR. Chair would you like me to go to the item in commissioner hardemon's district. Application 3g, application z2023000366 . We've had no protests and no waivers of support . >>chair: did we do a public hearing on this item? >> I don't think it's been done for zoning . >>chair: public hearing is open, seeing no one approach public hearing is closed. To the applicant . >> I can give a presentation or keep it short. Tony kessler law offices at 2800 . This is a simple application approved in 22 465 units , it's a townhouse and apartment development that's about maybe a 10th of a mile from the urban center in the mixed-use corridor development district. We are here to modify that site plan and add eight units. Doing it through live local so we need the affordable component of live local for 40% of units . >>chair: any questions from the dais or the applicant. I will move the item. It's been seconded. Any questions, comments, call the role. >>. [Roll call vote]... [Roll call vote] Motion passes unanimously . >>chair: we have another application not in district 3? Which item would you like to take up now? >>commissioner hardemon: that was item. >>chair: yes . >>commissioner hardemon: where are you on 3-d? >> was that 3-d? >> 3d as in dog, that is also in your district. There MAY have been a typo when I look at the sheet it's on 12th avenue in your district . >>chair: 3c . >> application z203003137, we had no protests and no waivers on this application. >>chair: we have one speaker on this item. Mildred MARCH. , I think I am saying that name. The handwriting isn't great. Mildred MARCH . Okay. No one is coming forward so MISS MARCH, are you MISS MARCH? Good morning, give me your name and address and you have two minutes . >>speaker: mildred MARCH, 5950 southwest ranch, fl 33136 . So I am not with elegworld international incorporated elegworld international incorporated I am here for actually item 3-d which is legacy rentals llc. I think there is confusion . >>chair: we have 3c on your card , no problem. Just hold on for a second and we will get to 3c. There are no cards on this item. The applicant , you referred the applicant. Introduce yourself please . >> 23 nw. 136th place miami-dade. >>commissioner hardemon: welcome sir, this is a new development, isn't it? This is a new development you're building? >> it is in a vacant lot . >>commissioner hardemon: can you give us the square footage of the lot please? A better question, can you tell me why you are seeking the reduction in the requirements for the setback . >> they are asking for two variances. Where 30 feet is required there asking for 31 feet so 31.5 I believe so a foot and a half to make it work. And we have both staff recommendation and their report claims we were inconsistent and in your board item you will see there is like three or four units that have also been issued these variances within the same area so I's consistent with the neighborhood . >>commissioner hardemon: can you tell me about the other variants, the other one is a foot and a half. >> duplex resident setback 17.4 feet where 15 is required . >>commissioner hardemon: the department, can you say on the record what the square footage of the lot is please? >> a little less than 3500 feet . >>commissioner hardemon: so that makes it a setback, no house has been developed and you're proposing to build a new house but you need to reduce the setback requirements, is that what I'm understanding? >> we're not building houses, two duplexes. We want to make sure it is affordable duplexes. >>. >>commissioner hardemon: in order for you to build those duplexes you need to reduce the setback, you're not building any pools in the setback, no storage units. >> parking is all within the parcel, there is no parking outside. Space in the back and two in the front . >> so other than the homes themselves, there's no other obstruction within that setback you're proposing. >> that is correct and in fact to the southeast we have an easement that runs through there. S we have a ru-4 I believe to the east of the property and another are you to that is also on the property. >> thank you very much and MR. CHAIRMAN had like to accept item 3c consistent with the department's recommendations. >>. [Roll call vote] Motion passes unanimously . >> thank you members, it's been quite an odyssey, it's been 24 council meetings and had no quorum so it's taken me six months to get there so thank you so much, I appreciate it. >>chair: all right, next. >> application 3-d, legacy rentals aplication 20330, 230, no protests and no waivers of support . >>chair: MISS MARCH, come forward. We already have your name and address on the record, you have two minutes. >> the properties that we are requesting the hearing on is zoned commercial. It's a very small lot that has a difficulty creating anything to comply with commercial parking and landscaping requirements so our proposal is for rezoning to a single-family residence that complies with all the regulars ask and coverage for the lots in the area. So that's all I have . >>chair: any questions for MISS MARCH . >>commissioner hardemon: to the department can you explain what the request is in this item? Not you, the department. >> the request is to rezone from the u2 to ru-2 and lot area, it's pretty much the same lot as the last application. 300 ft.B2 and 700,000 ft.B2 requirement . >> the predominant uses of the lots in that area are they commercial or they MAY be titled commercial but are they in commercial use or residential use? >> this property is zoned bu to the home with each on each side . >>commissioner hardemon: so the setback sign would that be consistent with the other homes in the area? The size of this lot. >> this lot is 3800 ft.B2 . >>commissioner hardemon: within the setbacks we will be granting the variance for will there be any pools or storage units or anything of that nature within those setbacks. >> there were no variances, nothing in the setbacks . >> do you plan on building any pools or storage unit within the setback space. >> not at all. >> I'd like to move to adopt item 3 be consistent with the department's instructions. >> moved and seconded, call the role. [Roll call vote]... Motion passes unanimously. >>chair: thank you, it is approved. Thank you very much. >> application 3e, application 202-300-0344, we find no protests and no waivers of support for this application . >>chair: no speakers registered for this item. So are you the applicant? Give me your name and address for the record. >> lauren con with offices at 1450 brickell avenue here on behalf of midas llc. Also somber again project architect . >>chair: I suggest suspect you have a presentation but before we get into that, commissioner . >> you can introduce it briefly so we know what it is? >> I'll give you a brief presentation and if there are more questions or any more details I'm happy to go through the full presentation but for a little bit of context this property is located on northeast on ne. 109th st. On ne. 109th st. And biscayne boulevard. It's north of north e. 109th st. Has frontages on 109th st. And biscayne boulevard. It is currently occupied by what you see in the slide. Which is commercial plaza. The property outlined in white and as you can see on the left the comprehensive development master plan designation is business and office. On the right you can see the westernmost parcel of the site is not zoned bu-1a so the request is to bring that consistent with the rep rest of the property, zone it bu-1a and on the master plan even the lots to the west of our property are also designated business office. Then just briefly there is an existing approved site plan which looks like this as the commercial building that exist there and outlined in red is the area that is going to be changed as part of this request. We will be adding a one-story 2500 ft.B2 commercial building to that lot and there will be substantial proffering in the form of landscaping and a six-foot masonry wall along the western edge. And the staff recommendation has recommended approval saying this proposed development is consistent. And I'm happy to go into more detail. >>commissioner hardemon: MR. CHAIRMAN I don't need any further detail, I will approve consistent with department recommendations . >>chair: any questions, call the role. >> to clarify it is also with the covenants proffered. >>commissioner hardemon: as long as you recommended. >> the attorneys always like to say stuff so call the role . [Roll call vote] Motion passes unanimously . >>chair: are we done with >> we can go to zoning now . >> zoning and public hearing for that has already been held and incorporated into the zoning record. You like to move this item? >>commissioner hardemon: so moved. With any staff recommendations and all covenants, moved and seconded. Moved and seconded. I always fancied myself a judge. Moved and seconded, can we call the role? [Roll call vote] Motion passes 9 to 1. >>chair: are we done?