Miami-Dade BCC - Comprehensive Development Master Plan & Zoning

>> test miami-dade . >>. . >>chair: commissioner cabrera. Mayor please stop talking to my commissioner. Thank you mayor. As soon as commissioner cabrera can get to his seat he will lead us in prayer. Followed by the pledge. >>commissioner cabrera: lord bless us to do wise decisions for miami-dade county, give us the wisdom to govern properly. A moment of silence for all the folks affected by the tragic crash in washington ysterday. Thank you, amen. >> I pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation under GOD indivisible with liberty and justice for all. >>chair: all right, MR. Attorney . Can we as we've been doing the last several meeting take up zoning and cdmp together? >>county attorney: emotion to set the agenda would be in order. >>chair: all in favor of setting the agenda signify by saying aye. Show the agenda here set. All right MR. Attorney, do you need to read anything into the record? >>county attorney: not at this time MR. Chair but it would be appropriate for the zoning director read the opening statement and have the witnesses sworn. >>chair: go ahead and if there are any requests for deferrals as well. >> eric silva, or er in accordance with the code of miami dade county all items are legally advertised in the newspaper. Notices have been mailed and properties have been posted. Additional copies are available in the chambers. I didn't call up my agenda number and please note board action on any item in today's meeting MAY be reconsidered and additional action MAY be taken on such item at the same meeting. Applicants and members of the public MAY wish to govern themselves accordingly. Rank in the file which includes documents and the department of economic resources, we also have the transcript from those hearings. All documents are physically present today available to all interested parties and to the board of county commissioners. Parties have the right of cross-examination. Along with the fact all witnesses have been sworn in shall be included in any transcript of the proceedings. There is an official translator resin for individuals requesting such assistance, click please swear in your witnesses. >> stand and raise your right hand. >>chair: please stand if you need to be sworn in. >>clerk: do solemnly swear the testimony you are about to give is the truth, whole truth and nothing but the truth so help me GOD? Thank you. You MAY be seated. >>chair: all right, are we good? MR. Attorney let's start with I am 8c1 . >>county attorney: 180530 investments llc, z2023000274 , no protests and no waivers on this application. >>chair: we will now open up public hearing. Someone, langlory speaking in favor of the item? No? I guess waving in support. Some version of that. Having no other public speakers , is the applicant here? Good morning. How much time are you going to need? >>speaker: I am vanessa with the law firm of Mcknight here in behalf of the applicant and before I continue I would like to introduce my colleagues who've worked with me on this project , [Reading names] I would like to thank staff for their involvement in this application and their support of recommendation. Also housekeeping item I want to reserve five minutes for rebuttal just in case as needed . >>chair: how uch time you need for the presentation? >>speaker: I can make it very brief and will answer questions as needed. >>chair: commissioner would you like to be recognized? >>commissioner cohen higgins: I've reviewed the plan and had my briefing with staff and I do see what you're saying about it just being a housekeeping item and with that I will move it based on staff's recommendation . >>chair: motion to move it based on staff recommendation, seconded by commissioner cabrera. I need to close public hearing which I have not done, are you okay with that? You MAY not want to screw that up. Any debate on the item, seeing none all in favor signify by saying aye. Opposed, nay. Show I am 8c1 passed favorably. >>speaker: thank you very much. >>chair: all right MR. Attorney can we take item 8c5 and if the attorney wants to read the item into the record class 15640wh llc, application 20-0124. We have had no protests and no waivers of support. >>chair: I'm opening public hearing but I have no speakers here today if the applicant is present. >>speaker: edward marshall, offices at 2800 ponce de leon boulevard, we are available for questions and need to make a presentation if necessary but we ask for staff report. >>chair: commissioner steinberg you are recognized . >>commissioner steinberg: this one I do have questions on. I understand this does allow for less height than what is normally allowed so that is already starting on a better projection but I am requesting the application not only be tied to the site plan that specifically the number of floors, everything else. However I know that you're putting green space on the first floor which I think is good. However you are also putting works for people to be able to use it and activate, tennis or ball or whatever and the only cncern I have because it's cross the street you have single family homes. So I do want to put in a condition that the tenants , the tennis, whatever recreational activity can only be between sunrise and sunset so you don't have lights at night wearing into these people's homes and noise and everything else. I really want to make sure we are protecting the quality of life while we are trying to find that balance, making sure we are bringing us into a better posture in that area. >>speaker: staff had raised this concern and recommended a condition to limiting use of the courts and lights for the courts until 11 pm. We are happy to proffer 10 pm if that is acceptable to the board. >>commissioner steinberg: I do think 10 o'clock is late. I think families who live there have to wake up the next morning for school. I think you're going to have to do better. And I'll ask staff if they have any suggestions. >> we had a previous application for soccer, same type of thing and we did recommend 9 o'clock in that application. >> we will go with nine. >>commissioner steinberg: 9 pm, so you will make sure it's tied to that language that 9 pm and what happens if... Yeah, eric . >> commissioner we will add a condition to the courts that they be operated no later than 9 pm and a condition guarding later in lighting in general weather for the pickle ball courts or security in general that no security lights should spill over into the adjacent properties . >>speaker: that's acceptable. >>commissioner steinberg: with that and the additional conditions we discussed and based on all the conditions of the site plan and everything else I will move in favor. >>chair: chilled I am moved favorably with tose conditions . It has been seconded with the vice chair and I will officially close public hearing. Seeing no discussion on item 8c5 all in signify favor signify by saying aye. Show 8c5 past, congratulations. Do we need actual roll calls for this? All right, just making sure . >> voice vote is fine . >>chair: let's take supplement item 3a1 with its companion which I believe is 8c2. >> this is a small-scale application previously heard on first reading for you for public hearing and final action area and I will read gordon's title and also the companion resolution if the board wishes to transmit. Our board takes final action on small-scale and the resolution will be deemed withdrawn. Public hearing will be held once or both the cdmp and contract zoning application and this hearing will be conducted in accordance with those principles incorporated into the record for both the cdmp and zoning items and the zoning item is as you noted item 3a1. Disposition of application number 30022 located at the northwest corner of southwest 326 street and southwest 125 avenue filed by amc development group as an OCTOBER 2023 cycle development plan to amend the cdmp providing severability exclusion in the code and an effective date and it includes three a supplement and if the board were interested in transmitting this would be 3a1, directing the mayor to transmit and for the zoning application the zoning director MAY wish to introduce 8c2 at the same time . >>chair: thank you , public hearing is now open but I have no public speakers so go ahead and close public hearing and then to the applicant, do you have a presentation? >> we do if you can pull it up. >>chair: do you know how much time you will need? question be 3 to 5 minutes if I can save time for a while. >>chair: you are recognized. >> offices at 701 brickell avenue all along with my colleague hugo garza. This is a, yes I see it on the screen as staff has explained this is a concurrent zoning and the cdmp application located between 125th and 126th avenue between 236th st. And 32nd st. In south miami-dade county. It's approximately 6.49 acres and one vacant parcel. If we could go to slide ahead please . The purpose of this avenue is to allow for future multi family rental apartment communities there that are very needed in this area. Next slide. There are four requests, the first request is for a cdmp change of land use from low density residential to medium-high residential. Oh zoning application change from agriculture district to re-4 prmitting 8.03 fra increase per point,.08 permitted to.03 and acceptance of the new declaration of restrictions allowing for an urban design principles including centrally located amenities, 240 residential units, 100% workforce housing and road mitigation for the area. Next slide please. As you will see in these areas the land use change is very consistent with what is occurring in the area pacifically to the west and south of the property you will see the medium high density residential is consistent. Next slide. Similarly the zoning request is consistent with the area. From agricultural to high density apartment district as shown to the south and west in this depiction as well. Next slide. Importantly as mentioned this application is allowing and providing an promising 100% workforce housing in addition to providing high density along the s. Dade transit way by the smart as envisioned by the smart plan. Next slide. There are no objections as noted. As I mentioned before this is consistent with the surrounding area and the canal serves as a natural boundary from residential properties located to the east of this particular site. Next slide. This is the site plan, the site plan provides for six multi family buildings three stories in height. It provides for centrally located amenities and those amenities include a pool, playground walking path and open space. The parking and seeds the parking required after the 10% reduction is taken into account. Dedication of 125th st. And 123rd st. Is also included and it is a mix of one and two bedroom apartments. Next slide. The project will provide impact fee estimated at over $3 million. Next slide. And of course importantly the proximity to the s. Dade transit way will increase ridership. The stop is 232nd st. And it is approximately 1/4 mile from the project. And because of this the project could actually build to 545 units, however it is voluntarily capped at 248 as I mentioned. Next slide. This reiterates what is property in the declaration of restrictions which I already went through and finally next slide we enjoy staff recommendation on both the cdmp and the zoning application and we thank staff for that. Last slide. To recap the reasons for adopting this amendment is it is compatible with the area, provide high density close to the south the reasons for adopting this amendment is it is compatible with the aea, provide high density close to the s. Dade transit way and provides 100% workforce housing. You have any questions I am more than happy to answer. >>chair: I did close public hearing, thank you so much for staying under your time. Commissioner from district 8, you are recognized. >>commissioner cohen higgins: I moved application consistent with staff recommendation and the covenant restrictions . >> the second. >>chair: moved by commissioner cohen higgins, seconded by commissioner regalado. Any further discussion or clarification the attorneys MAY need? >>county attorney: just a reminder this is the ordinance so you will need a roll call. >>chair: nam clark these call the roll. >>commissioner bastien: >>commissioner bermudez: >>commissioner cabrera: >>commissioner cohen higgins: >>sen. Garcia: >>commissioner steinberg: >>vice chair mcghee: yes . >>chair: yes . >>commissioner steinberg: motion passes unanimously . >>chair: let's take item 8c2. >> amc development group llc, application 202300 8c2. >> amc development group llc, application 202300440. We've had no protests and no waivers of support. I would like to make mention we passed the new covenant restricting all units to workforce housing. >>chair: we already had public hearing so commissioner from district 8 you are recognized for a motion. >>commissioner cohen higgins: I move consistent with staff recommendation. >>chair: moved, seconded by commissioner regalado and this one is in roll call. All opposed, nay. Show both those items passed, congratulations. We're going to take a few minute recess, one or two minutes while the director handles something he needs to handle with the clerk's office. Everyone stay put. . [Break]... . [Break] >>chair: let's start back with 4 a, 4 a supplement and 4a1. Quiet guys, recess is over. The director needs to read his treatment onto the record. >> this is the new standard, item 4 a, 4a1 supplement and 4a for permanent transmittal. I will read them transmittal we will be taking action on and read the ordinance title for first reading, board can vote on the resolution together by roll call. Item 4a is the resolution pertaining to this application which is 2020 4004 , the transmittal resolution and item 4a1 for first reading, and ordinance relating to miami-dade county comprehensive development master plan providing disposition of 2020 40004 filed by the department of economic resources has an out of cycle application to amend the urban center text of the cdmp related to douglas rd., metropolitan urban center providing separability, exclusion from the code and an effective date. These are public hearing items. >>chair: I will open public hearing, one public member signed up to speak. Here you go. MR. Chair, I would like to see everyone rise in support of this item. These technical changes will align the douglas station urban center with the rest of the centers in the county and directly support the rapid transit zone and smart plan plicies. The existing douglas station urban center standards are 200 south biscayne blvd., sorry. I am so excited about this I forgot. The current language predates the modern smart plan policies and code provisions so these small changes will help align the urban center with the existing code and smart plan policies so I would urge you to adopt and tansmit this morning . >>chair: does the department need to state anything? >> jerry bell, planning director. We are working on the hearing. >>chair: show public hearing now closed, commissioner from district 7 you are recognized . >>commissioner regalado: I will move the question. >>chair: moved and seconded by the vice chair, mdm. Clerk please call the roll. >>commissioner cohen higgins: >>sen. Garcia: >>commissioner higgins: >>commissioner regalado: >>commissioner bastien: >>commissioner bermudez: >>commissioner cabrera: >>vice chair mcghee: >>chair: >>clerk: motion passes unanimously. Take item 8a1 and let the commissioner make a statement as he takes his seat. >> application 8a1, archimedes 22 llc lennar homes, 202-2201, no protests, no waivers of support, 15 waivers of support in this application, sorry. 15 . >>chair: all right. Was public hearing already held on this item? >> this item had a public hearing in JULY 19 of 2023. >>chair: public hearing has already been opened and closed on this item commissioner from district 8 seeing this is in your district you are recognized. >>commissioner cohen higgins: I have a few questions on this application. This is a csap appeal and denial of the 4a1 csap they felt it was to dance and there has been areduction but it hasn't only been a reduction from 85 to 78? If that's true why has it been a year and a half? Explain the history, I don't understand why it's taking so long if the reduction has only been from 85. Representing the contract person or purchaser lennar homes. When this application was before this commission in 23 the application was under a different developer contract purchase. So subsequent to that deferral several months later lennar got under contract for the property so they only got under contract early part, middle part of last year so you all heard it, it was a prior developer that was before you. That deal fell through. The property owner entered into contract with lennar earlier last year and from the moment we started working on them we started trying to address some of the issues to get before you. We would have been before you probably in six or seven months but then we obviously didn't have a DECEMBER meeting so in fact lennar has been working on this the pst six or seven months and during that time we met with the neighbors, secured 15 letters of support in your record, reduce the density of the project, changed the site plan to include larger homes to the east border which is the border with the existing homes in the community and we have added the inclusion of a park, 10,000 border which is the border with the existing homes in the community and we have added the inclusion of a park, 10,000 ft.B2 don park that will be developed and maintained by the hoa but open to the public from sons rise to sunset not just for the community but everyone in this area when we heard there was no place to go to walk your dog and the like so we are now pretty centrally located. I have a presentation but the answer to your question is lennar has only been through this a few months, I recognize quite a bit of time. >>chair: >>commissioner cohen higgins: what was the name of the previous community? Believe it was cc homes. >>commissioner cohen higgins: to the administration when I look at the map on our documents prepared the recommendation coming from administration is with this projection is more compatible with the other parcels in the area but the parcels to the south, parcels to the west, parcels to the north, have those all been rezoned and not yet developed because visually it appears the parcel is surrounded by all agriculturally zoned land with the exception of the northwest corner. My question is are the other areas already rezoned but not yet developed? That's not the case how is it the recommendation that this is consistent with the surrounding area? >> when this went to the csap the staff recommended 85 units and part of that analysis was based on the surrounding zoning which was 81 to the southwest. Although they are requesting small lots in some cases since this new developer took over we told them they need to go back and take a look at the csap denial and do something about the lot sizes. What they did is put those locks up to 60,000 ft.B2 and there are some in this neighborhood they told us 7000 square-foot lot on the edges the new plan they have before you brought those up to 16,000 ft.B2 and reduced the number to small lots and they also added a dog park for public use, not just in the community so they could also use that and there will be a sign there that says for use by the public. >>commissioner cohen higgins: but my question was the parcels to the south, have those already been rezoned and to the applicant you MAY not know the answer . >> are slide has a graphic that shows precisely if we could ask staff to pull that off. >> it is another application under review now. under review for site plan approval but the approval is in place. All of it is used. >>commissioner cohen higgins: can you answer the question regarding the zoning? >> the zoning to the south is eum. >>commissioner cohen higgins: I am happy to move the application consistent with staff recommendation and the amendments that have been made and appreciate you meeting with the community within the dog park which I assume they requested and I appreciate the work that has been done to get it before us today so I move the application consistent with staff recommendation. >>chair: moved by the district commissioner, seconded by gonzalez, dir. Needs to state something? >> commissioner I would like to add those three conditions to reference the site plan with the lower units and the don park to require them to put the sign or the dog park that says during daylight hours open to the public and the need to submit a revised covenant within 30 days. >>commissioner cohen higgins: is that not already included within the paperwork or something that needs to be articulated verbally on the record? i thought I was already included. >> we have a site plan there now but the date doesn't show the latest plan in funding today. >>commissioner cohen higgins: I move consistent with staff recommendation and the applicant is nodding his head. >>chair: seconded by gonzalez, commissioner from district to. Your microphone. >>commissioner bastien: I support the decision district commissioner, just had one quick question, I saw that you set aside seven units out of the 85, could you clarify the area for the seven units? >> ami would be consistent with allowable from 8120. 80 to 140. We have not selected a range within it, it would be in the workforce housing realm up to 140%. >>chair: seeing no further discussion mme. Clark let's call the roll. >>sen. Garcia: >>commissioner gonzalez: >>commissioner hardemon: >>commissioner higgins: >>commissioner regalado: >>commissioner bastien: yes . >>commissioner bermudez: >>commissioner cabrera: >>commissioner cohen higgins: for species. >>vice chair mcghee: >>chair: I vote yes . >>clerk: motion passes unanimously . >>chair: let's take item 8a2. >> 8a2, 97 114 llc, application 2024 8a2. >> 8a2, 97 114 llc, application 202-4200. [Inaudible] >>chair: it is over. I am past. The public hearing occurred previously. Can the clerk speak with the attorney, correct. There was no public hearing on it that I am today. It had already occurred which I said that at the beginning of the meeting. Can we make sure somebody speaks with them and explains what just transpired so we can continue? If you just come here to the side we will speak with you. >>speaker: we go to every single meeting missing school and work because the density recommended by MISS Cohen higgins. >>chair: I understand. Sir, sir, please. I will have staff , I know and I appreciate you coming out. >>speaker: I've been missing work, I am a school administrator. >>chair: I appreciate you coming out. I know, sir. We appreciate you coming out, we really do. The thing is I will have staff walking through the timeline and everything that transpired so public speaking on this item already happened. A date will be provided, everything will be given by staff and if you could the gentleman because he did take time out of his workday to come here but once you have public speaking on it once and it's been heard it only happens one time. Have you spoken before on this? Okay, so you spoke before and already. So then that was your opportunity, it only occurs one time. It doesn't happen every time the item is heard are the rules. >>speaker: wasn't addressed because cohen higgins stated 75, they went to 78 and we still have this structure in their. [Inaudible] So much so I never even heard of the word moratorium. [Inaudible] I am across the street from this building. >>chair: I appreciate you, I should not have allowed this interaction right now but I am because I understand your frustration. If you can please do me the favor, stepped of the side and I'm sure staff, perhaps the commissioner and others can you and put you at ease if possible. >>speaker: all I can do is just come down here and listen? >>commissioner cohen higgins: I think procedurally when we have residents come to sign and speak up downstairs art they notified whether or not public hearing is open or closed on the items for which they are signing up to speak? Because then they would know from the outset as opposed to sitting and waiting for hours to be told abruptly they will not have the opportunity to speak, is not the case when our residents sign up they are told public hearing has already been closed or is that not taking place? >> we do include a statement in the staff report. >>commissioner steinberg: our residents don't have access to staff reports, I'm saying when this gentleman binds up downstairs and drive an hour and a half, sit down and wait for hours or their application to be called they have no idea whether they have the opportunity to speak, it's not told to them downstairs when they are signing up. >> it should be told commissioner but I'm not sure what happened with this specific gentleman but you are correct, staff should tell them that. >> to the residents, I will meet you on the side. >>chair: thank you. All right, did you get to read your statement onto the record, go ahead. >> application 82 now. 97 and one warm for llc, application 202400039. We had 178 protests and no waivers of support for this application . >>chair: I am going to open up public hearing, I have several speakers signed up to speak so I will call your name. First the speakers and then the applicant is usually how I will do this. E charles o'sullivan. Regularly l motter, dean sina. Cheryl barfield , harry p davis, kathryn contreras,... [Reading names] Kathy, you are recognized . >>speaker: MR. Chair, I signed up for 8a3. >>chair: this is for 8a2. Some of the numbers, so are you speaking on the 97th and 114th llc? Center . >>chair: can you get to the mic please. >>speaker: the unity center that was deferred. >>chair: so you are on 8a3 in the unity center. What is this whole list for 83? All right, so I'll call you back up now for 8a3, this is 8a2. All the names I called up, can someone confirm this? Give me a second. If staff can get... >>... >>chair: all right, so there was clearly a mix up when they registered to speak downstairs so I want to make sure I don't MISS Anybody for 8a2. Which is the 97th and 114 llc. Anybody here to speak on 8a2, please come up. What is your name sir? >>speaker: greg motter . >>chair: I do have you, perfect. You've got two minutes, state your name and address. >>speaker: 9040 s. >>speaker: 9040 s. 14 w., terrace. Death by 1000 cuts, commissioner. This is what my neighbors and I feel when we see what's happening to the character of our community. You MAY know our area which like the jason to the village of pinecrest. Has evolved organically into a relatively note that low-density community of 1 acre or larger lots. In an effort to justify the project the applicant misrepresents the lot size in our area by including adjacent areas which lie outside our boundaries that failed to mention the effect of the small lot the applicant has created have one lot size. Applicant further suggests it is being created by crowding 21 houses into a space where zoning calls for seven. We have a greater need for green space and this project will decrease the surface area by an estimated 75 to 80% area and I am pleased to know the appeals board 12 unanimously agreed in denying this application and in the other part of area A.K.A. Pinecrest the elected officials protect its residents from the unconscionable disregard of zoning by for-profit entities and the assault on their quality of life which would result and we respectfully ask you for the same protection. Last summer we learned in an interview done on this week in south florida commissioner gilbert under his leadership the transportation planning organization wisely advanced the smart rapid transit plan. We were encouraged when you said one of the goals was to mitigate our increasing traffic congestion problems. Approving projects that increase density and traffic team contrary to the stated goals of tpo. We hope the entire commission agrees with disapproving on the street for one of zning attempt. I am sure your constituents voice concerns and frustrations with the ever-increasing deterioration of our neighborhoods due to overdevelopment and we hope you understand our desperation. Lastly commissioners we applaud and support your efforts concerning affordable housing and workforce housing. Two more lines. The fruits of your labor seemingly everywhere however the issue of which we speak is certainly not about affordable or workforce housing . We believe it is time to stop this neighborhood destroying rezoning. >>chair: there was someone else, ma'am. So is this on 8a2 which is the 9890 southwest 1 12th st. 8a2 which is the 9890 southwest 1 12th st. W. And mark. >>speaker: yes. >>chair: okay. Your name. >>speaker: kathryn contreras. Address and you have 2 minutes . >> 9890 sw. 114th st. Area I want to get one before you start doing the two minutes I want to get one thing clear because you're saying a number that is 2020 2000 2020 2000309. Is that what you have? Now would you put the two minutes that gone? >>chair: you've got it . >>speaker: first of all I would like to clarify that the developers attorney is misstating when she says that the neighbors represented by her attorney gives reached a settlement with the developer. We are the neighbors that hired tucker gives and we are against this development program. There was one favor that signed agreement for the settlement and right after she signed the agreement marcy davis she moved away. She sold her property and relocated to homestead. The rest of the residence at 114th st. Are all against this project. This developer is totally ruthless. After being warned by derm not to cut down a royal poinciana tree on the right-of-way area he went ahead and cut it anyway. I'm sure that if he cut that tree that was a native tree, I have a picture here wen it blooms look how beautiful it was. Here is the machinery cutting it down. After he cuts it down he totally mulch is it and polarizes it and uses it for phil which that phil is totally inadequate for building any houses on that property. Since the 7 acres , they removed all these trees under 7 acres and added all these excessive amounts of fill our street floods now. I have pictures , different times of year, every time it rains. In 43 years we never had any flooding and hears pictures of the flooding. There is a problem with this developer. >>chair: MISS Contreras, is it MR. Montero? [Inaudible] You can hear me? Your two minutes have been up. Your two minutes have been up, thank you so much. We have dean cena. Dean cena? followed by cheryl barfield. If you could just be ready. Then followed by ozelia bodenhammer. Is a report made with your dade county environmentalists made by marcy davis and she pointed out , pardon. My name is dean sina and I live on 114th st. For 40 years. >>chair: thank you. >>speaker: all right. I'd like to report what I believe to be an illegal land use in my neighborhood, the land across the street from us has recently been purchased and cleared for building. Since 2021 a combination of herbicides they sprayed on the property service has been degraded. This is a report with your dade county derm so it's got a number and all that. Our entire block is on well order. Some of the pesticides used are spraying include ground concentrate, rate card and we believe in it. This is by the neighbor that moved out, we believe in the pool when we can because we are now even , instead of showering with our water. Our neighbors are tking the same action. However it does not protect our livestock . They have an organic animal in our house. We are able to create a habitat for wldlife, herbs, fruits of human consumption. Organically raised chickens and a small backyard. We are still on well water and septic tanks. We would like to know what action can be taken to protect our water, neighborhood water, please let us know what action we can take and what action you can take. By the way here's the report from your dade county. Here are the pictures of the truck and the man holding the pesticides right here. This lists the names of them. It is called chida pro, here's the truck, there's no sign on it, marcy davis moved to homestead. Here is the other pesticide, it's about five of them. Okay, and also... >>chair: just for the next speaker , thank you means your two minutes is up. All right , you are up. >>speaker: cheryl set up . >>chair: followed by ozelia bodenhammer. >>speaker: sw. 143rd st. Sw. 143rd st. >>chair: you are good . >> after bulldozing the green canopy without permits or inspections the applicant dumped mountains of unknown phil including metal pipes, auto parts and fluids that washed into the well water that the neighbor uses in their homes for human consumption. This illegal fill raise the elevation of the 7 acres several feet as well as the deforestation that now causes flooding to the neighbors and has to be removed prior to any construction. The location also happens to be the endangered pine rock land area with the pines only available to survive in the few green spaces left and we have yet to achieve a master plan adopted in 2007 to increase the 30% pre-coverage by 2020. Overdevelopment has increased to the point rainfall has nowhere to go due to construction and paving more streets causing more flooding due to the higher density such as this one that requires 5 additional st. And 21 more houses than the seven houses currently allowed without any additional streets necessary. Overdevelopment like this would worsen the housing situation by causing flooding and environmental consequences that are already making building houses impossible in certain areas of south florida. I want to thank the board for passing the new storm water management flood mitigation ordinance that recognizes the importance of increasing the amount of rainfall that can be filtered through and captured in the ground instead of impervious surfaces such as buildings and pavement created by overdevelopment. We are also currently facing a trash disposal crisis that's worsened by the amount of debris caused by unnecessary construction and increasing the amount of household trash produced which in this case would be three times the amount if density change plus the monumental cnstruction debris . Overdevelopment is the root cause of the excess garbage fueling this crisis. >>chair: thank you, I am very thankful. MISS Ozelia bodenhammer. followed by harry p davis. >>speaker: I have some visuals if you all would like to see, I don't know if you can see here . >>chair: start with your name and address for the record. >>speaker: my name is ozelia bodenhammer fowler, 9831 sw. 115th ter. Is ozelia bodenhammer fowler, 9831 sw. 115th ter. Morning and thank you for your time. I am here to support our zoning board. Just like that. And one more smaller one. [Inaudible] That's fine. >>chair: thank you sergeant. >>speaker: I'm sorry. >>chair: can we restart her time please? So I'm restarting your time. So I'm going to ask you have the courtesy of stopping at the two minute mark. Thank you. >>speaker: thank you for your time, I'm here to support our zoning board's unanimous decision to deny this petition . One of their primary concerns was the increase of more dangerous traffic conditions. The conclusion they reached after careful analysis and discussion, the property in question is located on killian parkway, is historic thoroughfare with a speed limit of 35 mph. This parkway is a vital commuter route from kendall to us one and this is one block from sw. 97th avenue intersection where the road nearest to one eastbound lane and do turning lanes and it is the main intersection of travel for students going to and from killian high school. One lane goes east to us one, one lane makes a left turn and heads north and a dedicated right lane turns south. The proposed development would add a minimum of 40 cars during rush hour all exiting into the dedicated right turn lane. However most drivers in the area need to go north east or west. To go north on sw. 97th avenue or west towards shula expressway drivers we need to cross two lanes of traffic. Just heading west must make a u-turn at an intersection with no median locking both westbound lanes and interfering with traffic turning right from sw. 97th avenue and interfering with traffic turning right from sw. 97th avenue this creates very hazardous conditions within one block of the traffic light. Adding more homes will only increase the likelihood of accidents. The petitioner has not provided any updated traffic analysis to address these dangerous intersection concerns but it is responsibility of county commissioners to ensure safe responsible development. We urge you to respect the zoning board's decision and prioritize the safety of our community. Thank you. >>chair: thank you so much, appreciate you. Harry p davis. Followed by nanette guardino and patricia pardo. Then ending with william gibbs. All right, MR. Davis. The sergeant will receive them. And once he does please state your full name and address for the record. >>speaker: I just want to show you. >>chair: you will bring it up. >>speaker: the picture on the left shows the organic fill . >>chair: name and address for the record. >>speaker: harry davis 11920 sw. 89th avenue >>chair: name and address for the record. >>speaker: harry davis 11920 sw. 89th avenue the picture on the left,the smaller shows a picture taken back in 22 of the illegal fill that's been put on the property. It's organic tree material and this large photo here comes from public record of pa's office, it shows where the phil has been covered over with lime rock material and the problem here is that this person has never polled a permit to start filling this property. It has been filled with over 1000 yd.B3 of material and MAY send an inspector out, an officer, the first part of JANUARY he wrote in a citation yesterday there were two inspector officers from the water control board and they looked at it and are preparing to file their violation notices . This property used to have a string bed in it and it contained a seasonal lake. Nobody ever was able to build on this property because of the elevation and the wetland characteristics of it. During this whole time that the contractor has been going through this process, he has been filling illegally the property without a permit. He never produced a survey to derm. Derm would have required him to disclose the type of fill and where it would be put and now the property has been brought to a level that's starting to create flooding during normal summer rains. So this needs to be brought to the attention and these violations are all on record. >>chair: thank you MR. Davis, we have got nanette, then patricia pardo and MR. Gibbs. >>speaker: fleeman akers, hon. County commission we come before you to plead the following. The zoning board represents the voices of the local community and is passed with decision-making that aligns with the needs and values visions and goals of the area. Overruling the board undermine the democratic process and disregards the time and effort this community has invested in these past two years crafting and adhering to the comprehensive land-use plans, I have meetings with the developers attorneys, deferred decision-making processes. Their decision reflects close to 200 of the most affected residents objections of the proposed development and overturning disregards our voices which we entrusted the board as representatives of our interest . Boards decision reflects careful analysis of how this project will impact residents including traffic congestion school overcrowding and infrastructure. Killian westbound from us one is unsustainable. Turnpike eastbound has four lanes each side which becomes too at the don shula extension. There is no room to expand the road. The wall developments of kendale and killian place totally about the road. Traffic lght at 97th avenue and killian is almost 6 minutes long. Traffic exiting this site on killian and 1/12 cannot make a left turn. Traffic exiting against has to go all the way out of 114 onto crowd and 97. You turning possible at the six minute like, northbound 97 has four schools with different entry and exit times, hospital traffic uses all the back roads. Environmental fctors were also considered such as storm water management flooding in an area where there was none, construction of canopies, safety concerns for cyclists, crossing 112 and 97 as a pedestrian or cyclists. The memorials along the road will remind you. Several neighbors saw their visions go up into smoke and they still moved away. Please keep the integrity and governance of our cmmunity planning process. This developer makes beautiful gorgeous homes 1 acre. >>chair: come on. >>speaker: you can build 1 acre homes on the site. >>chair: thank you. I am starting to lean the other way now. Because we've got to be respectful. We've got to be respectful guys. I am starting to lean the other way. You're not helping them to yourselves, I am being honest. I've been paying attention. MRS. Pardo, I'm sorry. Please come up and m. William gibbs. You can start, MISS. Your name and address from the record >>speaker: patricia pardo, 9801 southwest 115 terrace two blocks from this property. Have two minutes . >>speaker: good morning. The zoning board voted unanimously and with prejudice against this petition after hearing both sides. That was in MARCH of this year. The rebuttal from counsel and they asked multiple questions, I think they did their due diligence. You are being asked to overrule the zoning board which voted with prejudice. Yet the petitioner in our meeting did not present any information that changed our minds. The issues are an increase of flood risk due to over construction in the area and creation of dangerous traffic conditions. It is true miami-dade needs housing but mostly we need affordable housing. These houses are not area flooding here and throughout the country in the last couple of years has increased dramatically. This is our new reality. The areas in miami-dade county that typically flood like doral, downtown, etc. All have one thing in common and it is there are not a lot of green areas for the water to flow. We are located on top of a coral rock that allows water to both drain and filter for the aquifer. the type of houses that are currently selling in this area are at a starting price of $2.5 million. Conventional wisdom is that building more houses decreases the prices but the opposite is happening in this neighborhood. So we think progress without forethought can lead to chaos. W need to be, we cannot afford to be shortsighted and our urban development needs to adapt to deal with the unprecedented amount of rains we are seeing and we are counting on the commission for that. If the new zoning is maintained the developer will make a profit. We will protect the greenland's, avoid dangerous traffic conditions and everybody wins. >>chair: MR. William gibbs. Know the drill, your name and address. >>speaker: my name is w tucker gibbs , 30 35 utopia court in coconut grove and I am here today representing reserve alternators incorporated it's made up of homeowners who live on sw. 114th st. West of sw. 19th avenue there are 12 property owners. >>chair: can you say your full address, I think you said coconut grove. >>speaker: my place of residence? >>chair: whichever address, your business or place of residence . >>speaker: is my business . >>chair: can you do me a favor and say it . >>speaker: 3135 coconut court. Preserve false acres is my client, it's made up of homeowners who live on sw. 114th st. West of 90th. There are 12 property owners in the group in every person board of directors. A little over a year ago my clients met with developers representative to discuss neighborhood concerns and the proposed rezoning and the result was a several week negotiation that led to a settlement on our differences. But when the time came to vote on the settlement a majority of members, seven out of 10 who attended the meeting and a majority of the board 2 to 3 voted to support the developers application. Like many such decisions this one was not easy. There are members of our group and others who are not members who object to the application. But the developer agreed through the settlement agreement and restrictive covenant to provide six benefits for the neighborhood and some of them were talked about already. Southwest , these benefits responded to specific neighborhood concerns. Number one the neighbors were concerned with water run off from the subject property that would flood the street and adjacent neighbors as was brought up here today. The developer has a covenant to build a 6 foot wall that includes a retaining wall to address this issue along the east west and south lines of its property. Which is all whole property with the exception of... >>chair: thank you attorney . >>speaker: as an attorney can I speak for... >>chair: you can be an engineer, doctor, doesn't matter. Those are all the speakers signed up. >>speaker: marcy davis signed up but was not call. >>chair: I had harry p davis . >>speaker: no, marcy davis. >>chair: I don't have a marcy davis on my list, unless staff can tell me otherwise I will be closing public hearing. >>speaker: she did sign up downstairs . >>chair: I have a list in front of me, that's what I go off of . So marcy davis is signed up for a different item. Marcy, are you here? Is there another item you would like to as well? Marcy, please come up because I do see you register on an item, not this item I can switch it. But you're not speaking on the other item though, okay, you are recognized, full name and address and you have two minutes to speak. >>speaker: marcy davis, 27440 southwest 1 65th avenue 27440 southwest 1 65th avenue I lived for four years at 9800 southwest 1 14th st. But I relocated in JULY. None of us wanted to lose the 7 acres of forest we loved or have any changes made to 114th st. But after the staff report showed it to the unlikely we could have met development our most important goal was to minimize its impact on the street especially regarding traffic. After numerous meetings we made a list of our requirements and grievances, met with developers and they agreed to almost all our requests, therefore we entered into an agreement. They have agreed to build a retaining wall to address the storm water runoff, have no traffic access to or from southwest 1 14th st., provide a landscape buffer , propose one-story residences to the southern and eastern boundaries, limit construction traffic and parking on one fort 14th st. During the construction phase and submit a petition to close the southwest and submit a petition to close the sw. 99th avenue right-of-way abutting the property to further limit access and preserve neighborhood integrity. I am on the board and I support this application . >>chair: I now have no further public speakers signed up to speak. If the applicant would approach. How long are you going to need? , how much time will you need? >>speaker: 15 minutes sir, I will be as quick as I can . >>chair: here is my only concern, we might lose quorum, we have two commissioners already stepped out so in or under. Commissioner, do you want to, how do you want to handle this? Is there an efficient way or would you like to hear the presentation? >>commissioner regalado: I have to hear the presentation, I have questions so I am concerned about quorum. >>chair: this is a quorum situation so go ahead . >> it does rquire two thirds majority vote, melissa tappan's, miami here with michael garcia of ngc three group, tucker gibbs representing reserve but call acres and my partner. We are here requesting your overturning of the community 12 denial of an application that would alleviate the shortage of single-family homes within the udb without increasing allowable density. Would preserve the existing character of the neighborhood. Consisting of single-family homes with a priority of lot sizes. Extends public water and sewer to a residential neighborhood currently on well and septic, has a favorable staff recommendation from your professional staff and has garnered the support of the immediate neighborhood as well as the association that purported to report or represent the neighborhood. this is a 7 acre parcel of land. It's located on section line road of killian drive abutting and fpl transmission line as well as a station. Sorry. The properties to the north while they are zoned eu-1 are all 40,000 ft.B2. The lot sizes 12,500 ft.B2, to the south and west lot size is 15,500 ft.B2 and it immediately to the south we have two walks of lots approximately 50,000 ft.B2. Further south the lots are 15,500 ft.B2. We are proposing a rezoning from eu-1 to eu-m, density will remain. This allows for a maximum of 22 units within the over 7 acre lot. As you can see in the zoning map before you , beyond the fpl property on both sides you have the eu-m zoning district to provide a buffer to the other residential homes as well. Our request is simple. A rezoning to eu-m which is a natural transition from that section line road to the eu-1 two blocks to the south as well as the eu-m around it. Most importantly the application seeks to preserve the existing character of the estate neighborhood by seeking to develop single-family homes . As confirmed by your professional in MAY 2024 today under the workforce housing regulations without the need of a public hearing as of right the property MAY be developed as 22 units. The developer can either build the workforce on site or pay in lieu. Notably to achieve the permitted density the code allows duplexes and track waxes. The goal of this application is simply to develop single-family estate homes which are the predominant housing type in the area. We are not proposing an increase in density. The traffic generation remains the same and the ability to exit on killian drive remains the same. This is a comparison between what we can bill as of right under eu-1 and what we can build as we are proposing at eu-m. You can see the 22 units remain unchanged. The context of the neighborhood however is single-family homes. Prior to our hearing we conducted outreach and met with a group of 20 neighbors known as preserve the fall acres represented by tucker gibbs. We met at a private residence on 114th st. And many of the individuals present today were at that meeting ad the meetings that followed. They are part of the association and in fact are wearing their t-shirts today. We heard their concerns and work with their counsel over a matter of weeks and months to address these issues as part of a settlement agreement and covenant which we will distribute for the record at this moment. One of the main issues that really turned the neighbors to support this project was that they understood the as of right density remains the same and any building permits issued for the property would require the construction of the already dedicated 99th avenue which would serve as a new through street killian to 115th st. You can see the view today from kelly and as photo a through 99th avenue and then you can see the photo be which is from a view of 1 14th st. This road if we obtain any building permit on the site the road had already been desi dedicated as of 1955 and chapter 28 of the county code would require the construction of a 50 foot right-of-way connecting killian to 1 15th st. I would submit this was their major concern so what we did was we entered into not just your typical county covenant, we entered into a settlement agreement and a private covenant that the neighbors on 1 14th st. Have standing to enforce meaning that we would not be able to appear before the sport and request a modification or release, we would have to secure the support of the neighbors of 1 14th st. To make any changes. You heard about the 6 foot wall that we will be building from the south east and west boundaries to create a residential enclave prohibiting pedestrian and vehicular access to and from 1 14th st. As well as construction traffic. We will aso be limiting the homes along the southern and eastern boundaries to one story in order to protect the line of sight privacy that the neighbors were so concerned of and also preserve the one-story character of the surrounding area. We will agree not to move forward with either a plat or petition to vacate that 99th avenue so that it could be preserved as the status quo which again the community uses as a pastry. The covenant will be recorded in the public records and has been submitted as part of this application file and is before you today as well. For the community council 12 hearing we heard several association members weren't happy with the association's decision to support the project and we understood there would be some opposition. At community council 12 the COUNCILMAN Running for district 7 commissioner disregarded MR. Gates testimony and fall to his supporters in attendance for not speaking on their own behalf but that wasn't the worst part of the hearing. The worst part was the opposition's testimony under oath which felt very much like what we heard today. The testimony you heard under oath was the developer demolished houses without permits, bulldozed native trees, spilled oil on the property to contaminate their well water, filled the property with polluted materials. These allegations are inflammatory as they are without merit. What we had before you is the actual public records. You can see the complaints started coming in from the neighbors following the aplicant's acquisition of the property beginning in 2021. Der m reviewed the illegal use of herbicides and that was found to be false, no violation was issued. The next complaint was in 2023 and they all dealt with the land being clear, dumping of wealth creating sand globs that you could smell the oil and gas across the street. Each complaint has been investigated by derm and no violation has been issued and in fact that is clear from the record before you. You have the public records that we were shocked to hear about that that community council 12 hearing but we requested these records and they all show these allegations are false. As it relates to the tree issue and the bulldozing of native trees in an abundance of caution we submitted for a tree permit. We actually had to clear some brush at the land in order to do a correct tree survey so it would be in the derm records as part of this process. This letter dated OCTOBER 7, 2024 said implementing the project would not require a tree permit because there were no protected trees on the site that we were impacting though this is no tree permit has been secured on this site because no tree permit has been required on the site. We all know there is a housing crisis. We were here for numerous months asking for a deferral and we appreciate the commission and district commissioner for granting those deferrals. We had a meeting at a holiday inn express . We wanted to make sure we had the opportunity to confront these neighbors with the facts because we feel there's a lot of misinformation. Again the density remains the same 22 units we will be connecting to water and sewer. >>vice chair mcghee: thank you so much I I appreciate your time and am available for questions. >>vice chair mcghee: you have the floor for an open and flowing discussion on this item . >>commissioner regalado: thank you to everyone that spoke. I want to hear from staff because there's a lot of conflicting information. We have some neighbors saying seven, the presentation is the same 22. Let's start with as of right. If you could clarify that on the record. Quest as of right they can build seven and with the zone change they can build 17. What the applicant showed you was a zone change with 17+ workforce housing bonus which gives them that higher number. >>commissioner regalado: explained that, when we say the zoning change, because they presented it as of right. Quest as of right there, seven units. >> we would like to submit and to record the letter we just showed. >>commissioner regalado: she can clarify it. >>speaker: we have this letter from the planning department saying the property can be developed without public hearing through the workforce housing program and 22 units. That the workforce housing regulations allows for us to utilize the 2.5 units per acre plus the 25 density bonus and that allows for 22 units. That letter has been submitted into the record quest that letter is related to the future land use map so the map provides for one unit to 2.5 units per acre and the property is zoned eu-1 so there are two regulating issues, one which was showed that the second issue is the zoning. The zoning map says seven so you cannot build the 22 units there. That letter says without changing the zoning. >>commissioner regalado: council, do you want to respond to that? >> that is not accurate. The eu-1 zoning district allows for the construction of the 22 units through duplexes and triplex is on 29,000 square-foot lot. This is what the letter says from the planning department and that's the workforce housing regulation. >>commissioner regalado: eric, back to you quest if you can build 20 to my right why are you rezoning the property? >> we want to build single-family instead of duplexes and triplex is. >>vice chair mcghee: one secondary one. First, just give me one moment. First of all we're going to maintain decorum. Everybody has an opportunity to speak, we are having a free flowing conversation, if I have to go to a doctor conversation I will but what I'm asking you to do with this particular moment is have respect for one another and what I'm going to do if it is okay commissioner, I'm going to ask you can direct your questions to whomever it is, so that we can get an answer and move on and that way we can maintain decorum. >>commissioner regalado: thank you MR. Vice chair. Eric, your position is that it's sttled. >>vice chair mcghee::, we are going to get to you, allows to have this moment. There is a conversation happening and when it is time to be recognized you will. >>commissioner regalado: is there any caveat to the seven, your position is they would have to come before this board to do anything more than seven despite the letter. >> correct. >>commissioner regalado: to the applicant before we go on to the next issue. >> we produced the letter signed by eric silva, it's in the record. >>commissioner regalado: that is why I am asking eric, I guess he's looking at it. >> we will have him pause and look for the letter so he can correct the record but I'd like to answer your question as well, I apologize. >>commissioner regalado: while eric looks at that I guess we can talk to lourdes on the derm issue. Can derm speak on the trees and the permit and what they're saying about the fill? Obviously those letters were produced as part of the presentation if we can have some clarity. >>vice chair mcghee: who do we have from derm, please come to the mic. State your name for the record please . >> christie cristine velasquez, derm. >>commissioner regalado: can you the allegations made and what happened with the property? Because we have letters that were presented, can you tell us? >> regarding that notice for no permit required that was an application omitted for removal of exotics and invasi