Board of County Commissioners (BCC) - Zoning

commissioner higgins? Click here books commissioner martinez will be absent a memo has been submitted msubmitted csubmitted submitted msubmitted csubmitted submitted for go commissioner mc mcghee, commissioner souto, vice Chairman Gilbert perko german c ha I chair m an d I a z . You do not yet have a quorum. Commissioner higgins? Commissioner mcghee, commissionerm monestime? With their quick commissioner sosa, Chairman Diaz. Quotes here. >> you have eight members here you have a quorum. >> vice chair. Is he at? >> he is at the back of our. our board give us guidance give us strength, wisdom. Lifeguard to do this proceedings. Please bless this country plus this state plus this county. Bless us as we move forward and do your duties today my lord. This week asked in your name. >>> I pledge allegiance to the flag of the united states. And to the nation which it stands one nation, with liberty and justice for all. >> play ball. >> Chair Diaz: Mr. Attorney, good morning. >> good morning Mr. Chair. >> Chair Diaz: we are ready to get going. >> what do you want to do first? Comprehensive plan? >> Chair Diaz: get it underway. There should be a motion to set the agenda. >> Chair Diaz: a first and second all in favor say ey aye. Any in favor. Let's move it on. What your next item is item 3a the comprehensive plan for cdmp 0011, salvador the seventh street on the nw. 77th ave. Filed by commonwealth trust services in the October 2020 adjusted. >> Chair Diaz: okay, nathan. Two you have all your paperwork in order? >> I am pretty. >> Chair Diaz: you are up. Dennis want to light us up? >> and yes, at this point I think a motion to set the agenda would be in order than the zoning director can set the agenda moved by sally Heyman second by cohen higgins all in favor say aye. We have quorum? there we go. The agenda has been set. Let's bring item b up then a anc ancd n d c with the will have the opening statement and then the deferral. >> in accordance with the code of miami-dade all her today have been legally advertised and the properties have been posted. Additional properties available items will be called up to be heard by attendant number and name of applicant's. The hearing will include documents from public agencies and regulatory and economic resources. And for an appeal to the zoning board. We have the transfer from those hearings. All documents are subject to all parties and available to the members of the board of county commissioners May examine these from the record during the hearing. The statement along with the fact that all the visits have been sworn shall include any transcript of these proceedings. In addition official translator present for those. Will the clerk please swear in. >> to be swear in the witnesses now before the as for the deferral? Which do you prefer? What you can do them all at one time and then done for the day. >> Chair Diaz: mme. Clerk. >> please stand and raise your right hand to be swear. Do you solemnly swear the testimony you give is truth so help you God? >> Chair Diaz: just for the record I believe traffic are in cyber land ready. And also been sworn in. With that go-ahead. >> we have two deferrals the first item by the applicant for deferral is deferred item group llc the applicant is ready p. >> Chair Diaz: applicant? O onwhat's good afternoond simon fell with offices at 2525 I represent item number b we are requesting a 30 day deferral. With constructive meetings with neighbors and believe another 30 days would assist and hopefully reaching a consensus. And if not being able to address the issues that are a concern to the neighbors. We are asking is 30 day deferral. >> Chair Diaz: commissioner higgins do you accept? >> Cmr. Higgins: I move to defer the item. >> that would be to make 19 zoning? Quick they are requesting 30 days so yes, the next 30 days. >> Chair Diaz: I have a motion and a second all in favor of the deferral saying aye, nobody said aye. >> the second deferral is correct item number one. The applicants are here. >> Chair Diaz: was it a? >> Chair Diaz: current item number a. >> current item needs to be different there are two other items being deferred. Am I. >> just the items I said. >> item one u-haul company florida. >> Chair Diaz: I have got the wrong information up here. so item one that is being deferred? >> that is correct. >> Cmr. Heyman: I will second it. >> Chair Diaz: hold on a second you are talking about current item number one? Number one representation that is cohen higgins public mme. You represent? >> Katelyn: what I thought was item one but I am not. >> Chair Diaz: your item a. A and c are present and b will d defer, is that correct? No. Than item 1 is being deferred? What's item 1 requested deferral. Where is is representation? What they are in the building. >> I will move item a which is the next item. >> item a. >> Cmr. Heyman: it is good in my community it has been moved to approve. I've moved to approve it. >> Chair Diaz: I have a motion from commissioner Heyman is her district and she knows the district. Too pooped to approve I will second her approval. Mr. Attorney? What can we confirm there are no speakers on the item? >> Chair Diaz: are there any speakers on this item? Item a, of the record shows not a single speaker. With that we are able to move it. With that on item a will call mme. Clerk. >> commissioner cohen higgins? >> for. >> commissioner hardemon? >> for. >> commissioner higgins? >> yes. >> commissioner Regalado? >> yes. >> commissioner souto? Vice Chairman Gilbert? German diaz? What it passes 8-0. >> Chair Diaz: item passes item c. >> item c south west dixie 29, llc. We are on item c please hold back a second. Item c are there any speakers on this item? Except for representation any open for the public hearing? You know what the problem is? They met the lady with the coffe coffee. >> Mr.. Chair. If you would like as with the representative for item one being deferred you can pick that up. >> Chair Diaz: I was on the item I wanted to make sure. Please stand a second there. Stand there so I can get item one to get it out of the way. Representation from item number one. >> hi, everyone. Good morning. I number one. >> Chair Diaz: yes, ma'am you are here to asking for a referral? What we want to work with staff and address of the issues they raised with the application but we need a name and address and what proposed hearing date. >> 1450. Ave. My address. And I think we agreed with staff deferring to the May 19th hearing. Sorry jennifer klein, I thought I said that. >> Chair Diaz: I apologize, ma'am. Jennifer fine. >> the motion for whoever wants to make it will defer to May 19 zoning meeting. >> so moved. >> second. >> Chair Diaz: of emotion and a second all in favor say aye. All opposed, no. Let's go to c. >> thank you. >> Chair Diaz: thank you, ma'am. I sorry. Asorry. Msorry. Sorry. >> mary waters again address 13600 sw. 229th st.. This particular property is again an example of apartment buildings that there currently has been nothing built in this area. It is vacant land with a lot of shrubbery around it. The developer would like to create 300 units a new street will be built between these buildings. That will cause a little more traffic. Little bit of history on this topic back in 2018 this was zoned agriculture with au. The owner came before community council 14 that I was a member of at that time and requested a zone change from ag to uam which is a modified 13,000 square-foot homesite. She prepared and signed and agreed upon in the covenant to give her a maximum of 29 single-family homes on that property. Very shortly after she was awarded the request for her application to the community council. She sold the property to the current owner who is a developer and attorney. He is requesting that you turn this into the core zone andl leisure city, . This is not leisure city. And I am not sure why this would be considered an urban district. This fellow but this knowing it is a covenant. A 30 year covenant that said no more than 24 single-family homes. Only to turn around, purchase it even though the covenant goes with the land not the owner. And is now wanting to put in approximately 350 apartment units, I believe. The people who have single-family homes applied to the area for quite some time. I would ask you deny this application. Thank you. >> Chair Diaz: thank you. Next figure, two quick maneuvers harvey england 22836 se. 158 court I have been living there 40 years. In the 40 years I have lived there there has been no improvement and traffic flow in our area. Four things, four lanes of 312 is still 312 and the two lane roads are still two lane. Now we have the traffic backed up. We have big traffic problems. Putting more identity housing here will only make it worse. And the county is 40 years behind on the bettering the traffic flow. I opposed to increasing the density on this property. >> Chair Diaz: thank you, sir. With my name is sophia chowdy at 43610 sw 135 court,. I live two minutes from this property. Commissioners, honestly this one is near to my heart. Is literally on the corner of where I live. I walk, I drive my bike so do my kids. I have so much written up and I ask please respect the covenant for 24 homes. Anything else does not transition too much. It is intrusive. Should not be permitted. We have been here multiple times in regards to this application. And this is not an appropriate transition and as a representative of my neighbors and speaking for myself. The object to this to its core and everything about it. Please we ask you respect the covenant that you respect the citizens that lives literally eight minutes away. The bus is not the same all around this route. It is all estate homes 15,000 square-foot properties. And as homeowners we invest time, money and beautifying and maintaining our homes. And homeowners, we are the most invested in our community in our area. Homeowners. Please honor the covenant and respect our wishes. Thank. >> thankmac, ma'am quick my name is enesco joliet 37610 sw. 1/53. Morning hon. Members I am here before this body for the third time to express my opposition to the applicant request to release the covenant as adopted by the commission about 2019. Is endorsed by the neighbors when it was rezoned. Went it was modified. In 2018 after multiple meetings with the previous owner able to support to develop a maximum of 29 estate homes on the subject site. And in less than four years they are seeking to replace the covenant with a more liberal one. What safeguards do we have one applicant can void an agreement that is adopted by fevers and this body. A.S. To honor the covenant that was made into lesson four years ago that is to be in place 30 years. I ask that they make false covenants to get buy-in from the neighbors knowing this commission will not enforce and uphold such agreements. I ask you honor the covenants in place and deny the property from eam, am to mc. And this abuts directly with state homes behind it. There are no streets. Literally when they are built they will abut a fence line and one said they will stay ten feet back. Keep in mind except in ten feet high. The developer at this point. Statement of the last town meeting scene is six foot fence. We could probably keep the roof. I surprised he is a developer because by the naked eye kindle if four stories high you can see not only to the roof but into the bedrooms and dining rooms. I ask you honor the covenant in place and must move forward with this. Thank you. >> Chair Diaz: thank you for the item quick my name is richard blake 1595 sw. 288th st. Unincorporated miami-dade 23033. I have lived in this property and I am speaking in opposition for this application. We heard to the visitor the impacts of these in totality. I would like to speak to specific issue which is one of the justification is by this and other applicants for the increases in density which is the density of U.S. One. They say it is mixed-use and has multistory building and the inability property. That they are increasing density. It does not. The comparison to the west of U.S. One and dixie is disingenuous and downright dishonest. There are a couple of big differences. All the commercial properties to the east of the bus without exit to U.S. One. Think they have no impact to the west of U.S. One. The traffic moving west to east is the largest complaint you will hear when objecting to these developments. This commercial are operated by the old dixie highway and the busway that includes two businesses and two grassy areas with trees. That in essence making separate and isolated from the residential property abutting the actual properties. Alike and asking the simple logic and common sense is your eye when you look at the area. These stylized diagrams by attorneys are not representative of the area they are asking to develop. Please take into consideration you need to consider as your voting constituents. We are the ones fighting against hi density developments. Thank you. >> Chair Diaz: thank you. >> I am me mm am lm am nm am m dm am vm im sm >> I I am here as a woman predicts her grandchildren to the backyard to teach them about the stars. I come here as a woman watches the birds and wildlife in her trees. All of these things will be gone if large three-story apartment is built to the side and behind my property. Two sides of my property. I come here as a 67 year old woman who five years ago took a leap of faith and purchased agriculture property with her and her husband's entire life savings and retirement. To build an orchid nursery. Like nursery and my life will be destroyed by this application. My orchids cannot thrive without the morning something out receipt. The applicant has posed a 40 foot setback from my back fence. Which is not a true setback is the parking lots. With cars that will be parked a few feet away from my growing orchid areas. Deal from 700 + would be damaging to my organs and light pollution from the structure and parking lot will interfere with the blooming cycles of my orchids. And my family is not the only one, there are five homes adjacent to the proposed zoning change property owned by working class people who have their entire lives invested in these properties. Additionally over ten homes immediately across the street from the proposed apartment building that will have their lives completely changed. Was the worst by this application. Lastly, over 100 other homes in the close passivity that will be drastically affected by this application. If you approve this application, you will be affecting was less than will be benefited by this that we are proposing. Faq please do not approve this. I beg you.But give me your name and address for the record. >> my name is rachel mullins and the 281 and the 28105 and the 28105167th ave.. This approval is my backyard also. I and another here to protect my family. My oldest is ten and has special needs. Is up to the abusive relationship to move to an agricultural area. The approval of a four-story building was destroyed our sense of security, privacy and safety that I have worked hard to prepare my family. I will no longer feel safe letting my children stay in the backyard in the shadow of apartments for fear of who will look down on them. How is life as a mother put my children in a situation like that? How can I keep them safe if people are looking directly into my backyard. What am I supposed to do? Keep them inside? What kind of childhood is that? The commission promised to limit the construction for 29 single-family homes to protect the cohesiveness connection to the community. My children are depending on you to honor the covenant. >> thank you. James davidson. >> my name is james davidson at the 28102810 sw. 157th ave.. Rezoning is a complicated issue. Is this project before us in the public best interest? I once heard from a wise woman that there is no easy answer it depends. Do you abandon all public planning physical therapy a high density building into an established single-family neighborhood? Do you determine the nature of that neighborhood? Or put the rubber stamp down digital long-standing public policy President. it depends. Do you sacrifice the residence to make a wealthy landowner that much wealthier? Or do you honor those who have life savings invested in their homes? It depends. Do you tacitly approve and reinforce the bullying and illegal tactics of this applicant. Or show that improper behavior will not be tolerated by the commission in any form? It depends. Do you allow the structure to go up the will of the loss of personal privacy? Do you cascade on a small agricultural business? Do you deny a single ray of sunshine from ever entering the back windows of the neighboring homes? My home? Or deny construction of a towering building next to the personal residence? It depends. And most importantly do you establish a new President That is binding covenant can be evoked for a pro construction and gender? Do you create the slippery slope for no transition is necessary? Did you turn your back on the neighbors or do you respect the covenants? And keep your good faith promise, it depends. Hon. Commissioners the decision is yours. Each of you must make that choice. You are aware of the profound President And consequences that this zoning change would make. It depends on you. thank you. >> Chair Diaz: thank you. >> nicholas ambrosia. >> yes my name is nicholas gamb gambrosia at 27810 sw. 154th ct. In homestead. Hon. Members of the portland county commissioners. I hear you for you for this body to express my opposition to release the covenant and allow for a change in the zoning from a state modified residential district at agricultural. To leisure city center. The said request would allow for the intrusion of greater density, and height into a clearly established neighborhood of single-story residential areas on large parcels directly to the northwest and south of the site. Is important to know the request before you will about 12 stories and up to 1350 units on the site. And while applicants prefer a covenant limiting the height of the site. The lack of suitable transition to single-story residential continues to make this change unsuitable. Furthermore nothing to prevent other properties in the neighborhood from requesting the same. Is it our intention to create a system or high density construction? Former commissioner levine cava expressed the same on this very same properties you knowledge that there is no to support this proximity to single families west of the causeway. And not all applications are the same. Was reportedly approval of this application would create a President. The application required to protect and prevent the next land owner from seeking higher and higher density. It is our job to keep these agreements made in good faith. The sq under the covenant in place and deny the request for rezoning. >> thank you. >> jorge sosa. Bu >> I am jorge jimmy sosa, I address 280 sw address 28167th ave.. And I have a plan I want to make. So probably destroying my life. If you do that please reconsider it. Please do it for that. >> thank you. >> good morning again commissioners. >> argue e you henry or albert? What if they made a mistake downstairs it is albert. >> thank you give me your address please click 28100 sw.What if they made a mistake downstairs it is albert. >> thank you give me your address please click 28100 sw. 167th ave. In homestead. >> thank you give me your address please click 28100 sw. 167th ave. In homestead. > as I told you before the property to live there with a wife who has been through a slot. You hear from the other people in the surrounding area. Is going up and up. I never was told what I feel the property what was going on. I met two months ago. And that I felt a property. the birds always swing in the backyard. And basically I want to enjoy my life. Why do people always have to win and those who voted for all the commissioners here. Maybe half to lose. I do not like to see into place the 50 acres that are high razors. Homecoming yes. Because the state as it is. Social and very well peerco-razors, no. And I told you before I wish all your commissioners wisdom with the decision. And deny a filter to build a structure in a neighborhood where it does not belong. Thank you so much. >> thank you. >> my name is efrain nunez at 1602 sw. 287 street homestead florida sw. 287 street homestead, fl 23033. I have a public degree from the university of southern california and I have worked with multiple municipalities across the state. What I want to say is I want to speak to object to two of the request being proffered by the applicant. The first request is to release the covenant as mentioned by multiple neighbors of mine. Less than four years ago the previous property owner change the zoning a change to the covenant adopted by this body to look for the construction of 29 homes. What is important to know about the adoption of this agreement. The staff said we zoning to um was consistent. That has not changed in the existing four years. I am not sure what changed since then. With the changes zoning the application before you is for mz zoning designation. A little help up to 12 stories in height and density for the surrounding area. This property clearly abuts to the west and the self with the busway as the buffer from the district. There are over five zoning designations for the district. What we are starting to see here is a request to ask for the highest and greatest zoning designation you can ask for. We are starting to see a shifting of boundary lines with no cohesive fighting. Lining. It is parcel by parcel rather than the overall look. And commissioner levine cava as to what we can do to make it work consistent. >> Chair Diaz: your time is up thank you for your testimony. Express and put my name is Dr. Martin lowe member of the dade county board I live at 2900 farm line road. Commissioner moxx is oss not talk about development along the transit corridor. Being both beneficial to agriculture, by exhibiting urban spread and beneficial by concentrating urban services. If done properly. Unfortunately this development is a textbook example of how not to do it. It is premature, it is inappropriate, and violates a number of presidents planned out by the planning development. First, it is premature because this is the least this is inappropriate to the community. And based on the premise that a new bus stop would be created at 280th st.. We are basing it on that premise. But we are still not there. That means is a violation of the distance and those rules. Second this proposal has had no input from the agricultural community. And no input from the school board. The impact on schools is open considered. I think this proposal should be denied at this point. And they should consult with the agricultural community on the wider impact. Also be scaling down of this project as it approaches the agricultural boundary. The bait and switch from a covenant to high-rise development violates, if not the letter of the law. I think this should be denied for many reasons. I should come back with a recommended scaling down and with agricultural. Thank you very much. >> Chair Diaz: thank you, sir. Anybody else? I do not see anybody. Dennis? >> Mr. Chair story we have one who is dial in through zoom. >> put her on. >> has she been sworn in? What I will ask her. Ms. Mora please unmute your microphone to your name and address for the record and see if you have been sworn in. >> Chair Diaz: try again. >> Ms. Mora, please unmute your microphone, state your name and address for the record and state if you have been sworn in. >> it looks like she cannot unm unmute herself virtually. That is the message she sent in the chat. >> give me one second. >> Mr. Chair, for the record. The couple of people appearing on zoom those were reasonable accommodations granted. The department head has a different in case there are questions. >> I was unable to unmute. >> Chair Diaz: Ms. Mora. >> my name is tamia mora. As unto 85 street. >> have you been sworn in? >> no, I have not. >> Chair Diaz: please listen to the clerk what do you solemnly swear they just really you're about to get is the truth, the whole truth and nothing but the truth so help you God? What site do. >> Chair Diaz: proceed, and you have two minutes. >> to continue to grant these developing requests both jampacked the area with cramped housing and negatively impact these treasured neighborhoods. Not only is this applicant a total disregard to the covenant attached to the land he purchased. But asking the board to allow him to create high density structures oval tower over houses. There are no other structures like he is proposing in this area. The quality of life for hundreds of family should outweigh the greed of one man who wants to collect rent in an area he will not live in. This location is not in U.S. One it is in our neighborhoods and towering over our lungs. Please deny this request we do not have the resources or infrastructure to support this identity request. Please build single-family homes as for the current code. >> Chair Diaz: thank you so much Ms. Mora for your testimony. >> thank you. >> Chair Diaz: with that, dennis, that is everybody? What now would be an appropriate time for the applicant to address the board. >> Chair Diaz: public hearing is now closed on this item. Mr. Counsel? What's good morning Mr. Chair and board members I am jave, I with south dixie 29 llc who is the owner of the subject property. This property has an incredible history dating back to June 2019 almost two years a go. When this application was first final. In October 2019 it was deferred to allow the dialogue that began at that time with the neighbors. In January 2020 it was deferred once again. March 2020 the covid pandemic hit in the next available meeting March was canceled. Now pushing us forward to November 2020 postelection at which time seven new commissioners came on board. We decided the best that was to redraw and file it again to avoid commissioners having to go through this history. a cleaner start a hit the refresh button if you will. In January we refiled the application and last month we were here. Unfortunately we lost coram. So, here we are today, our request is for district boundary change froma au and eum today's leisure city category. A company request include amendment to regulating plan. Relating to the mc corridor the subdistrict, the street type plan. Is also a deletion I would like to make a quick pause. I think I heard the common theme among the objectors having to do with the declaration that is being deleted today as part of our application. That declaration applies to portions of the property. Secondly as the objectors that the prior owner. But more importantly a declaration that no longer outlines with the policies and objectives of this commission. No longer align single-family homes. No longer outlines with what is being expected along the corridor. The transit corridor like this busway. These will pay the way for administration site plan review. And an additional development of a building family residential development. Restricted in height by declaration of restrictions to a maximum of four stories. Which is well below the permitted height of 12 stories as you heard. And the density below 35 units which is well below 90 units per acre with those located within one quarter mile of the smart corridor. It is anticipated the ultimate product May be at density in the 20 + unit per acre. Staff has done an exceptional job in evaluating the subject property and the request before this commission. Including the comprehensive analysis master plan. That includes the requesting district boundary change and the accompanying amendments are consistent with urban and the interpretive text of the cmp. In the zoning analysis step highlights-one second here. Aff They highlight the many elements that this nose including the smart plan, organized 1824. I will refer to that for one second. Coordinates 1824 that this commission in recognition of the fact that the character of the area has evolved. Specifically it for this development expressed in policy 1a update interpretive plan. And another thing I would like to add for the record. You can see in this picture in existing bus stop at southwest to idiot street which is the corner of the subject property. This is another thing that staff has pointed out. As I mentioned, the zoning report concludes the request before you further division calling for higher intensity development along the corridor is. With high countywide multimodal accessibility. So as you know. let me go back here. Excuse me one second. As you know former old dixie highway moves along the property line of the subject property. And abutting old dixie we have the stealth dixie which is one of the cities smart corridor is. Not only is the property located along the busway there is an existing bus stop at southwest to idiot street. And a1 street. And a80 street. And a plant station at 288th st street, and I would like to go to closing its analysis. Staff has opined it would be essential for the uniform parcels while the development within the community urban center. Staff further notes the requested modifications to the land use regulations are consistent with the dcmp and compatible with the surrounding area. I almost there, sir. >> Chair Diaz: please do. >> let me talk for a minute with discussions for the neighbors I don't how important this is to the commissioners of the district. As I mentioned this application goes back to June 2013. There have been four meetings 9with ith93. There have been four meetings 9ith . There have been four meetings 9ith neighbors the first one I will look at my snowsuit the birth was October 19th. With the first original group of neighbors that is different from this group. Then we met with this group and moving forward to March of this year we met and is in call. As early as last week we had our final and fourth meeting with this group. Dialogue with our neighbors has been no different than a dialogue many of the applicants along the busway has had with neighbors. As a matter of fact it is pretty much the same group. I understand the emotional tone it is a difficult challenge. We understand that and it is a difficult balance when it comes to the directly affected constituents. So I would like to talk for a minute about the scale that the commission has to draw. First of all, obviously this decision requires a bold staff. We have talked about these smart plan. The smart plan is the blueprint that this commission has established for what you want to see happening in the corridor the busway is one of those corridors. I heard one of the commissioners I believe commissioner regalado, it gets established by doing this along the corridors. And last but not least wanted touch on the federal funding that is not been mentioned as much as it should be. If fully enabled busway-this county to access federal funding needed to carry out our financial plans. Single-family homes along the busway art of longer viable. It is no longer is a recipe for disaster. Compromise, and I would like to address specifically to the commissioner of the district. She is so big on this issue. Compromise has been are the republican we have tried to do. As you heard density up to 90 height up to 12. We have a declaration of restriction that calls for no more than four stories. And it also calls for any residential building adjacent to certain addresses. Which are the immediately impacted residences. Volunteered to a minimum of 40 feet we have a shade study. And an individual has concluded there is no shade affecting the property for those looking at it during the summer or winter. Again I have been doing this 30 years, we have been compromising we have been conceding. From down to 12 to 8 to 6 and now at number stories. Method neighbors are accepting if they are saying single-family homes. Last week and the last and final attempt to neighbors and that is or anything that moves the line for you and they said not if it is not single-family homes. That is where the conversation stops. We know that is not viable and is not aligned with the objectives and policies of this commission. But notwithstanding he wanted to show good faith and show transition and do the right thing. So in closing I would like to submit for the record a couple of support which is from the latin builders commission. And remind that if this is recommendation of approval i proud of the work my client has done. In to meet and work with the neighbors. We hope the commissioner of the district will be proud of us and will approve this project as per staff recommendation. >> Chair Diaz: thank you so much and for your presentation. With that dennis, I do not think there is opposing counsel? What you heard from the objectives now the hearing is concluded and the board May discuss. >> Chair Diaz: there you go commissioner cohen higgins? >> to suspend before the board since 2019? What's that is correct. >> that is not customary is an incredible amount of time means the community has significant concerns when it comes to this application. With that being said this application is consistent with the sports policy and that abuts the transit to. And it is a transit oriented development which this board has said we meet and should pursue. Moreover death is recommended this project moves forward. Considering those things. As we sit here it is our responsibility. The recommendations from the staff. Obviously what it is the community wants what the community is messaging for us is best for us and our neighbors. When the development is introduced. Is not just a consideration of the developer. How can I felt and make money? But essentially asking for support to be a member of that community. Asking into an existing community existing residents and businesses. Which is why it is my personal policy to not only speak with the community but take the community considerations into all of these applications. What concerns me the most about this application is the fact there was a covenant on this land. Not a covenant from 20 years ago. What is more concerning to me is a covenant was set in place in 2018 after the board established the smart plan. Which I believe was established in 2017. The smart plan was established, and after that the covenant was placed on this plan. Putting the note certain limit would be placed on it. Four years later there is a change it to a density that is very high. I think that was sent to chile affixed to the community. Particularly substate were seen so much development at symphony applications are coming to the port. Was properties along the transit way to not have an existing covenant attached to the fence that sent a message to the community four years ago that this land would have certain density. I am extremely concerned with this application. And concerned that it is not consistent with the development in the surrounding area. Unless a lower density can be brought to the point I do not believe this can be approved today. Mr. Chairman. >> Chair Diaz: commissioner hardemon followed by commissioner ten feet. >> Cmr. Hardemon: these applications are difficult to make decisions on. But it warms my heart to show the commissioner speak as she has. Because it May tell you I to have had in other areas developers. Promised the community one thing. To get something to pass and shortly thereafter show the property. And send that person ask for something completely different. Had the first board heard that mission the would not have approved. What I see this issue and see that covenant being implemented. Truly is a compromise to the neighborhood. It is troubling to see the request for the covenant to be removed shortly thereafter. Impact when the property owner but the property they knew it had the covenant. They could have built 29 homes absolutely. Instead as they have a right to the cape to request this body permission to build higher, to build more density. At this body has every right to decline it. I think when we implement these we do it with the expectation and be there for them. This application would have been completely different if it is not been covenanted to 29 homes. The covenant, we would take when you bought that house there was a big parcel of major land. Near a major transit area. You could have anticipated this could have happened. They did. And in return they came to this government and the governance said only 29 homes. No shortly thereafter the request is to do much more. I agree with the district commissioner. These are tough decisions to make. The one thing I cannot trouble is that this person did not like it without knowing there is a restriction on it. They should look at it. Clicked through the church to the commissioner of the district if I could? >> the applicant is asking to speak. >> Chair Diaz: standby until commissioners speak. Commissioner Heyman? Let's thank you Mr. Chair. Let me tell you what I have great concern about. I was here on this body and listened to the community except as we moved ahead. The declaration for the limited development to 29 residential units. I appreciate that the applicant has said we did not do it in response to the community. We could have built a site as this but we are only going four stories. When in fact it was the case you would have one building but only 29 residential units. I have not heard on the covenant. Limiting the development to help many units you are proposing with yours limit of four stories. But the issue is the neighborhood. When you sat and voted for this, and I was here. The restriction to 29 residential units. Great consideration was on the surrounding area. Including bringing smart plan into the area, but limited in its impact to the residential area. With that commissioner I will cite on you on not accepting this project. On this declaration. Within a year and you came into the picture in 2019. We already made a decision. The smart plan idea was a vision. How it would impact the residential area. Comes with its own decisions closer to them. What it means in disrupting or supporting their neighborhood. And that is where this body will come in on this. I am not in favor. At least on this person resending something I voted for. Because there was reliance from the residential area on it. And it should have been on your party's best interest to look at what that declaration was. And how reasonable it was when you approach this. I cannot support moving ahead with this problem. >> Chair Diaz: I have the vice Chairman Followed by commissioner Regalado and after that I below it is a a few words. And I will turn it to the commissioner of the district. Go ahead, sir. >> Cmr. Gilbert: let me start by saying I clearly a proponent for density. On the corridor. That is I have done that work I continue to do it here. Along the major corridors. I do not think you can hide this application behind a smart. When you purchase land and purchase it with restrictions you go what the restrictions are. You know they have been put in place as a compromise to the surrounding area. That is what happened here. While we keep density. And I am not against removing covenant at times. But this was relatively recent. I did not see any way to actually balance what you are proposing with the surrounding areas. And let me say. Just so you know we are paying attention. The young lady we spoke about her business in the nursery and her kids. Those are slides surrounding. I find it difficult to say I would approve removing a covenant put in place so recently in the name of density in the smart plan. And the smart plan is my plan. We all sit and put this together. This is something I believe in wholeheartedly but I cannot do this. Mr. Chairman, commissioner I cannot do this. >> Chair Diaz: commissioner Regalado? >> Cmr. Regalado: to echo some of the comments made by my colleagues. some of the hardest works we do involves covenants. Last time we were talking about a covenant from the 1970s. And we were clear the area had changed dramatically since that covenant. Was proposed and accepted. There are in terms of legalities other ways you can actually release covenants which is another issue. You can actually get the buy-in depending on how it is written by the adjacent owners. We have had cases where that happened. That is also for male but we feel it is an arm's-length contract between those who live around the adjacent land. And their inability to undo that commitment. Irrespective of the time. I think legally there are a lot of ways to resolve these issues. I also serious concerns in terms of the timing. We are talking about something that happened recently. Talking about a change that had the proposed smart plan that was out there. It is not like it came after the covenant. The people had an opportunity to speak on this issue. So I concerned and I am a huge proponent of density around rapid transit zones. At the same time we also have to be mindful of the nature of the communities. There are some communities already in this transition. There are some that can benefit from the density. But in this case what we are hearing is the opposite. >> Chair Diaz: thank commissioner regalado at believe that is it. We thought we saw the deferrals was because the commission was dealing with the community. This is bull's-eye was inpatient with the smart corridor and high density corridor. Thinking three stories is a major concession. The study shows that Mr. And Mrs. Davises nursery is not at risk of four stories much less at three stories. We feel that concession and compromise was possible we would say this consider the dialogue. But we are told single-family or take the highway. >> Chair Diaz: if I can. You are in the position you say you cannot do anything. The commissioner is trying to find a way to represent the people she represents. And you are talking out by saying there is nothing else you can do. If I have you write I want to hear clearly is owed to the commissioners sitting up here. With that I did not want to waste too much more time with more applications before us. Commissioner? What's Mr. Sure we will continue the effort. >> Chair Diaz: you will continue the effort? Is that still on the table? But I am happy to attend this meeting if you think it will. The message to community is clear development is coming to south dade coming to district eight. Residents are aware of these changes. The concern is this covenant to 2018 which is recent. at the fact the smart plan was in place prior to this covenant placed on this land. We cannot compromise what we say by saying we will get rid of that covenant. That is my extreme concern. I would love for you to take the time to meet with the resident again see how far you are willing to go to appease concerns. And I will attend the meeting if you want to facilitate possible negotiation to help get your project moving. In order to alleviate concerns of the community I feel I should document not to attend. >> I am sorry I cannot and will not attend puts point of order pending does not require we do not attend meetings. Requires that if she attends the meeting she comes and discloses she attends. She can hear from both sides and can make an unbiased decision. It does not require she does not attend the meeting. >> Chair Diaz: but Mr. Vice Chairman I would advise not to do to conflicts in the past. To to attending some meetings commissioners have had issues. Whether you do it is on hugh. That is something each and every one of us has our own destiny and will do our own way of doing things. But I presently have not attended meetings because situations that could develop from it. Would advise moving forward if we want a second chance for them to get together. It you want to state that make that is emotion and that is what we will vote on because I would vote to defer this item 30 additional days to allow one last opportunity for the community to get with this applicant and reach some level of consensus quickset is emotion I will second the motion. Commissioner jenny make it brief. >> Cmr. Heyman: I appreciate that that this has been an all inclusive think. If it is deferred do we eliminate a right to be heard? I am prepared to make the decision today. If you are saying they are here because the could get it resolved. If you want another month I will support it. But to hear everything and have people come out again. >> Chair Diaz: we are moving with the motion that is what you feel good with respect emotion and move forward. With that, Mr. Attorney? >> it picks up from the board discussion if it is different. You do not have to reopen the public hearing. >> Chair Diaz: and that is key since there is not opposing counsel how do we know from the people they agree with what has been done? >> there will be limited questioning from the board the applicant can come before you and say this is what we are proffering. You can just limited confirmation and confirm that the date is 819 zoning. Books opiate of in favor say I, any opposed? None. Let's go to the next items we only had one person to speak in cyber land with the public hearing is closed on this item and the applicant sergio bertot. Who wants to go first? What's my name is wergio bertot s bertot e bertot r bertot g bertot I bertot o bertot 1828988th st.. We are here first of all we have some, some staff recommendation with conditions. Basically this area is mostly industrial. And it is intended to be submitted and reviewed by staff. And to develop according to industrial district which mostly happens in the area. So best intent. >> Chair Diaz: thank you. X >> my name is sergio bertot I am following the process to do the right thing. The property we are trying to do the variance. We are trying to get the reside in residintial. >> with this I believe this is commissioner regalado? >> Cmr. Regalado: just to be sure there's nobody to speak on it. >> Chair Diaz: we asked twice! It is interesting application the way to describe it as you have it once residential are creeping into industrial. So the neighbors have no issues and we have not received anything from them. I am happy to approve it. Looks like it is happening all around it. It is a residential warehouse. my only question is to the owner or attorney to renew what type of warehouse? What is basically office and warehouse. >> Chair Diaz: you are good? But the plans were reviewed by staff with that intent. >> I saw that my only concern is you are asking for a waiver of the buffer. Mr. Attorney is there residential on the back or sides of this that are staying residential? >> me have staff describe the conditions in the area. >> commissioner, we have residential that surrounds the property. Be a pockets of industrial and residential. If you look at the width of the property because it is so narrow. We believe is appropriate the way it is landscaped. Additionally the property to the east is set back. The building is set back to the east. So gives it a natural buffer. And we compared what was approved in that buffer. This is a buffer slightly greater than previously approved first similarly type applications. We believe it is consistent with the nature of the district. >> Cmr. Regalado: thank you, it has my support. >> Chair Diaz: I take that as a motion? >> Cmr. Regalado: I move it. >> Chair Diaz: second? Click commissioner is that personal recommendations? >> Cmr. Regalado: yes. >> Chair Diaz: nobody is speaking on this. Mme. Clerk? >> commissioner hardemon? >> Chair Diaz: stepped out. >> yes. >> commissioner higgins? >> yes. >> commissioner mcghee, stepped out. Commissioner Regalado? >> yes. >> commissioner souto? Commissioner cohen higgins? Vice Chairman Gilbert? >> yes. >> Chairman Diaz? >> yes the motion passes 7-0. >> for the property dc 202077 new protest. As I would like to mention the waivers many to not come from the area. The other children that go to this school. >> Chair Diaz: nathan did I hear you there are no protest? >> we have no protest on record. >> Chair Diaz: I have a bunch of people lined up I think to speak. But at least the counsel representing. And people to speak on it. If there are no protesters. >> we have no recorded protesters. >> Chair Diaz: there is one recorded protest right now. Ma'am, up to the mic. >> I heather furnace southwest 125 avenue exit in this neighborhood for 30 years. But you could not hear? What it is probably this. >> Chair Diaz: can you hear her now? What's my name is heather furnace and the 350 sw. 255 avenue. i put in this neighborhood over 30 years. This is a request for aid make a school that is outgrown the property. Fear asking changes for the neighborhood that only benefit themselves. They did not meet with the neighbors. By way of community counsel the notice only states-the zoning hearing notice does not say a three story parking garage. The fact is they have outgrown and want to revise it 20 percent. If you approve it the full use pres. Like the church that is in the property. But they owned the house across the street. They have purchased another property at 16 they have purchased another property at 16 nw. 132nd ave. I will put in a parking lot that will be used for buses. This will no doubt they will bring vibration and noise to the neighborhood. The host making game events that increase the traffic, speaker volumes and quality of life. We have concerns the neighborhood recently endured. Which is pleasing the expectation of privacy. The announcement, the loudspeakers, the blowing of the horns. We also had flooding due to elevation changes, increased traffic which is one fatality included. One too many. The net. Request should be denied due to visual and wildlife reasons. Games on the lacrosse field should be denied due to the bleachers and organized games that have been taking place too close to the adjacent properties. No signs have been issued for violations addressed and I would advise an attorney would contact me. >> Chair Diaz: thicke mchugh, m. >> Chair Diaz: thicke mchugh, mx with recurring issues thank you, ma'am. If everyone will say the same thing I still have a big agenda. How many? >> Mr. Hernandez here on behalf of the applicant. I believe we have five or six speakers including a father. >> Chair Diaz: will take it to one minute I have a long agenda in front of me. If we can have the first two gentlemen I believe come up. And state your name and address for the record. I know you have been sworn in. Who will be the first one to speak? With my name is max torres my shirt says michael but the sticker is wrong everything at 15824 but the sticker is wrong everything at 15824 nw. 99th ter.. I am here to speak in support of the athletic facility at belen j jesuit. In six grade I joined the swim team we had practices at the old school which is an aging facility. It had rusty sieges during the off-season we could not practice due to a lack of space. In 2018 the aquatic center was constructed more than 20 things. As a swimmer I participate is able to benefit from a new facility. >> vice Chairman Gilbert. >> Chairman Diaz. >> passes 9-0. >> thank you very much. >> next item. >> item z2020-189 potest 17. >> these are recorded protests. That doesn't represent the speakers. >> how many speakers do we have. >> four. >> the public is open for this item. State your name and address for the record. You have one minute to speak. >> my name is claudia. I live at 7520 outhwest 72nd court. I actually reside one house away from the proposed development. This development does not protect the public interest. We had 25 speakers that had signed up. There was no quorum. Unfortunately we were only able to get four speakers today. A lot of our neighbors are elderly and they had mobility issues. And it was not open to zoom. Unfortunately we did not have the -- we definitely had a lot of people opposed to this but have not been able to come face-to-face. To change a one acre estate or two one acre estate lots to six lots, it just doesn't fit the makeup of the neighborhood. If it would to be approved -- >> thank you, ma'am. >> thank you so much for your testimony. >> hello. 7520 southwest 72nd court. I'm here to speak against. As my wife had previously referenceed, there are major concerns from the neighbors. We are well represented beyond the four people here today. Some of the concerns are obviously with regard to the quality of life. We believe there are plenty of choices for similar homes for the ones desired to be created here. Those options exist. We as neighbors chose those options here. It affords us a quality of life that is important to us. I'm raising my three kids here. This is my forever home. I'm c oncerned about the precedent this will cause in the neighbor where similar properties will go in this direction, changing the overall context and feel of the neighborhood. Also very important to me is the nature lovers. If you take a look where the property is located, it is near the trinity acreage preserve. I have seen along with my children hundreds of different types of creatures there from birds to reptiles to butterflies. Some of them endangered species. What will happen here will have a detrimental impact on nature because of the light pollution, the noise pollution and it will close channels for migration for some s pecies. We have an an oasis ere. You have supported in the past >> thank you. >> sir, thank you. >> thank you. >> my name is monica. I reside at 7260 southwest 72nd street. My family owns 72 court and sunset drive which is adjacent. The street over from where this roperty is located. 7260 is abutting the actual property itself. So this will impact my life and my interest more than the public at large. We understand that it does not meet the comprehensive plan or the framework of the neighborhood. We node to look at the nature of the community. One acre homes. I walk door to door and got 164 signatures from those against it. 25 people registered to speak against it at the last meeting. Unfortunately they couldn't here here today. Every journey begins with a single step. We are afraid that the adjacent property will fall in the same footsteps as well as the 14 acre lot. We ask you to tell builders and investors not to come to this neighborhood with the same intent this builder does. Thank you. >> thank ou. Ood afternoon, commissioners. I live at 7700 southwest 72nd court. And I too along with my neighbors here, my lot is adjacent, actually backs up to trinity highlands park. I grew up in this area. And decided to come back after raising two daughters. One who is autistic and the other has diabetes. My investment in this neighborhood I want my daughters to be raised in the same environment as I was and provide them the kind of living and the life style and the security and healthy future that this community affords us. I know that many people have talked about quality of life in your other dockets today. And my neighbors as well. I think the interest of so many families that make up this wonderful interest than the one builder who purchased the home. There is an issue that I don't understand on this docket the person that is the applicant is not the owner of the property. Century homes is the owner of the property yet the application is under another name. S that the last speaker? >> yes. Let the record show no more speakers are here. Public hearing is now closed. >> good afternoon, chairs members of the commission. I almost gave you my home address since I've been working out of the house for so long. It is great to see you. First time back in a year. And I haven't seen many of the -- many of the changes. Let me start by clarifying that when this application was filed it was filed in the name of the then owners of the property. The application when it was filed it disclosed it was a contract to buy the property by century home builders. Century home builders is now the owner. (Name?) Joined me this afternoon. I think pedro. I saw sergio earlier. Sergio has joined us. The application before you is quite modest. A proposal for the approval of a six-home single home family community on a major arterial southwest 72nd avenue. While on the map it is not functionally classified as a section line. It very much acts as a north/south korea deer in this area of the county. We are blessed with your staff support of request site five through nine. Before I go into my powerpoint presentation, I would like to request your approval to withdraw requests one through four and simply proceed with requests five through nine which are a number of variances. So we would abandon the rezoning to the um and pursue the approval of the variances. >> I'm sure the ommissioner wants to understand what was just said. >> the applicants requests -- there's various requests here. Two paths for the applicant to achieve their desired goal. One is to rezone the property from state density eu1 which is the one acre, which is 15,000 square foot lots. With certain variances or in the alternative rather than rezoning the property they simply request for certain variances of lot size under the eu1 provision. Staff recommendation, staff is supportive of request five through nine which is the nonuse variance of the zoning standards that would allow for the same lots we're against the rezoning of the property to eum. The resulting should the board approve this application, should they approve five through nine or should they approve one through four, the result is exactly the same. So the board denies all -- denied applications. Again, the applicant now is r equesting to withdraw one through four which is the four requests that staff recommends against which this leaves on the table five through nine. >> and staff recommends in favor or against. >> in favor five through nine. >> okay. Continue on. >> thank you, sir. >> let me quickly run down through the powerpoint if we could. Give you a sense where where and the area and I will quickly go through it. We are on the southwest corner of southwest 72nd avenue and 76th street. As I have indicated highway 72nd avenue because of the construction on the palmetto expressway several years ago operates as a north/south corridor in the area. And it takes you correctly in the dayland station area, the landmarks in the area include the uvc on 72nd street, sunset drive which one of the neighbors mentioned. The trinity parkland park. South of that on 76th street. This application doesn't affect the parkland parcels. You can see it is located east of the expressway in the urban area. It has quick access to the dayland station and d ayland mall to the south. The property is designated on the map for density which means it allows up to two and a half units per acre on any area the green. The darker green is off site park that a neighbor mentioned. This application at the proposed six units to the acre is consistent with the land use designation. We're no longer seeking eum but the -- has been implemented in this area through eum, eus and eu1. There is a wide range of lot sizes in this area. This gives you a sense what was is there. The application would replace two very old homes that have been -- I think they were built in the 1950s with six state of the art homes which will not only add to the inventory of housing opportunities here but really renourish the housing in the area. One of the neighbors spoke about coming back to a neighborhood nd wanting their -- her children to have the opportunity to grow up in this neighborhood. This applicatio