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Record of Proceedings

Miami-Dade Zoning Board Meeting - January 24, 2024

Board of County CommissionersWednesday, January 24, 2024
BodyMiami Dade County, Florida
SessionBoard of County Commissioners
DateWednesday, January 24, 2024
StatusFILED
Video Record

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Transcript — Verbatim
0:23

All those in favor signify by saying aye.

0:25

Aye.

0:27

Defer until February 22nd.

0:31

Also.

0:33

Mr.

0:33

Chair, yeah.

0:34

The uh I've been informed that there is another request for deferral, which is item two A.

0:41

That is uh Garcia uh that's public hearing number Z 2022 00018 118.

0:47

Garcia Carrillo 56th Street Revocable Trust.

0:50

Um and the request is to defer to the March the applicant has requested to defer to the March meeting.

0:59

Let me get the exact date.

1:01

March 21st.

1:03

Okay.

1:04

Um, you recognize Commissioner Regalado.

1:11

You want more time?

1:12

Yeah.

1:13

I just want to recognize the applicant until when do you want the deferral?

1:17

Actually, the uh through the chair, uh Mr.

1:20

Chair, um good morning.

1:23

Still good morning, yes.

1:27

Yes, so um good morning to all of you on behalf of the applicant.

1:31

Um the March 21st date that was placed in here was was actually placed in in discussions with staff, but we'd like an indefinite uh deferral of the item.

1:40

There's some things we're working on uh with the application that will require additional additional time.

1:46

We are the applicant.

1:47

Thank you.

1:48

I'm good with that.

1:50

So uh motion to defer to no date certain, and that'll require readvertisement.

1:54

Thank you.

1:55

Okay, second.

1:57

No discussion.

1:58

All in favor signify by saying aye.

1:59

Aye.

2:00

All right, show the item deferred.

2:04

Minister attorney.

2:06

Um if I think that concludes the deferral request that we were aware of.

2:11

So do we need to set the agenda?

2:12

Uh at this point, uh you may set the agenda.

2:15

All right, do I have a motion to set the agenda?

2:18

It's moved by Commissioner Higgins, seconded by Commissioner Cohen Higgins.

2:21

All in favor signify by saying aye.

2:23

Aye.

2:23

All right, show the agenda here by set.

2:26

All right, are we can we start with one A?

2:30

Um uh Mr.

2:31

Chair through the chair.

2:32

Uh if we can have the zoning director read in the opening statement at this point.

2:35

That's Mr.

2:36

Director, please read in your opening statement.

2:40

Good morning, Mr.

2:41

Chair, members of the board, Eric Sola R E R.

2:45

In accordance with the code of Miami Dade County, all items to be heard today have been legally advertised in the newspaper, notes of them mailed, and the properties have been posted.

2:53

Additional copies of the agenda are available here in the chambers.

2:56

Items will be called up to be heard by agenda number and name of applicant.

3:01

The record and file for the hearing on each application will include documents from the public agencies, the department of regulatory and economic resources, and where there's an appeal from the community on the appeals board.

3:12

We also have the transcript from those hearings.

3:14

All documents are physically present today, available to all interested parties and available to the members of the board of county commissioners who may examine these items from the record during the hearing.

3:25

Parties have the right to cross-examination.

3:27

This statement along with the fact that all witnesses have been sworn in shall be included in any transcript of these proceedings.

3:33

In addition, there is an official translator present in the chambers for those individuals requiring such assistance.

3:39

Will the clerk please swear in the witnesses?

Discussion Breakdown — Share of Meeting
Zoning████████████████████20%
Affordable Housing████████████████████20%
Procedural███████████████15%
Community Engagement█████████9%
Public Engagement█████5%
Environmental Protection█████5%
Urban Planning████4%
Public Housing████4%
Public Safety███3%
Summary of Proceedings

Miami-Dade Zoning Board Meeting - January 24, 2024

The Miami-Dade County Zoning Board met on January 24, 2024, to consider a variety of zoning applications, including rezoning requests, appeals, and special use permits. The meeting featured extensive public testimony and debate on several items, particularly the high-profile Lake Sana development (Item 1A) and a group home for special needs children (Item 3F). The board approved multiple items, deferred others, and made key decisions on parking, density, and community benefits.

Consent Calendar

  • Item 3A (Design Built Management LLC): Approved 11-0 to allow a parcel with less lot area than required.
  • Item 3E (Laisy Martinez): Approved 11-0 to allow a guesthouse in front of a single-family residence.
  • Item 3C (Southern Villas Condos I LLC): Approved 8-0 for rezoning from AU to RU-TH for townhouse development.
  • Item 3D (El Special Situations LLC): Approved 8-0 for rezoning from RU-2 to MCD for mixed-use development.

Public Comments & Testimony

  • Item 1A (Lake Sana Developments): Over 40 speakers registered. Many residents opposed the lake fill and rezoning, citing environmental concerns, wildlife, flooding, and quality of life. Supporters emphasized the need for affordable housing, jobs, and community improvements (e.g., renovating the Boys & Girls Club). The appellant, Anthony Johnson, and his attorney argued the project was incompatible with the neighborhood and inconsistent with the comprehensive plan.
  • Item 2B (Casabella Group LLC): Five neighbors spoke against the rezoning, arguing it would increase density, change the character of the single-family neighborhood, and set a precedent for further development.
  • Item 3F (Arquel Diaz Parra & Tania Gomez Lauchy): Three speakers, including the applicant and a mother of a special needs child, supported the group home. The applicant testified she had followed proper procedures despite staff's denial recommendation.
  • Item 3G (Atlantic Civil LLC): The representative from Homestead Air Reserve Base testified against the proposed C&D landfill, citing bird strike hazards and incompatibility with flight operations. No other public speakers were present.

Discussion Items

  • Item 1A (Lake Sana Developments): The appellant argued the lake fill and rezoning were identical to a 2018 denial upheld by courts, and that the project was incompatible with the surrounding residential neighborhood. The applicant countered that the 2018 case was different (no site plan or rezoning), and that the new proposal included a covenant for 100% workforce housing, reduced density (100 units instead of 390 possible), and community benefits. The board debated parking (initially 1,000 spaces, reduced to 400 by motion), the definition of the lake as a man-made rock pit, and the need for affordable housing. The district commissioner (Commissioner Bastien) expressed concerns about affordability and density, but the board voted 9-2 to approve with conditions, including the parking reduction and revised covenant.
  • Item 2B (Casabella Group LLC): The applicant sought rezoning from EU-1 to EU-S to create two half-acre lots instead of one acre. Staff recommended approval. The district commissioner (Commissioner Higgins) negotiated a compromise: the applicant agreed to build only one-story homes, add a mature tree buffer with a covenant, and maintain landscaping. The board approved 8-1, reversing the CZAB denial.
  • Item 3F (Group Home): The applicant sought an exception to the 1,000-foot spacing requirement for a group home serving six special needs children. Staff recommended denial, but the district commissioner (Commissioner Higgins) argued the need outweighed the technical violation. The board unanimously approved 8-0, overriding staff's recommendation, and the district commissioner pledged to bring a policy item to change the code.
  • Item 3G (Atlantic Civil LLC): The applicant appealed a planning director's determination that a C&D landfill was inconsistent with the CDMP. The board deferred the item to February 22, 2024, to allow more time for preparation and community input, despite the public hearing being closed. The district commissioner (Commissioner McGee) noted the importance of the issue and the need for waste management staff to be present.

Key Outcomes

  • Item 1A (Lake Sana): Approved with conditions (9-2). The board sustained the community council decision, reducing parking to 400 spaces and making the remainder open space. The revised covenant and site plan changes were accepted.
  • Item 1B (Naranjas Land LLC): Approved 9-0 per staff recommendation, modifying a prior resolution condition.
  • Item 1C (Charter Venture Eureka): Deferred 9-0 to February 22, 2024.
  • Item 2A (Garcia Carrillo 56 Street Trust): Deferred 11-0 to no date certain (requires readvertisement).
  • Item 2B (Casabella Group): Approved 8-1 with conditions: one-story homes, landscaping buffer with covenant, and site plan modifications.
  • Item 3B (South Dixie and 122 LLC): Deferred 11-0.
  • Item 3F (Group Home): Approved 8-0, overriding staff recommendation, with no conditions beyond the existing code.
  • Item 3G (Atlantic Civil): Deferred to February 22, 2024, by voice vote.

All other items were approved as noted in the Consent Calendar.

Meeting Transcript

All those in favor signify by saying aye. Aye. Defer until February 22nd. Also. Mr. Chair, yeah. The uh I've been informed that there is another request for deferral, which is item two A. That is uh Garcia uh that's public hearing number Z 2022 00018 118. Garcia Carrillo 56th Street Revocable Trust. Um and the request is to defer to the March the applicant has requested to defer to the March meeting. Let me get the exact date. March 21st. Okay. Um, you recognize Commissioner Regalado. You want more time? Yeah. I just want to recognize the applicant until when do you want the deferral? Actually, the uh through the chair, uh Mr. Chair, um good morning. Still good morning, yes. Yes, so um good morning to all of you on behalf of the applicant. Um the March 21st date that was placed in here was was actually placed in in discussions with staff, but we'd like an indefinite uh deferral of the item. There's some things we're working on uh with the application that will require additional additional time. We are the applicant. Thank you. I'm good with that. So uh motion to defer to no date certain, and that'll require readvertisement. Thank you. Okay, second. No discussion. All in favor signify by saying aye. Aye. All right, show the item deferred. Minister attorney. Um if I think that concludes the deferral request that we were aware of. So do we need to set the agenda? Uh at this point, uh you may set the agenda. All right, do I have a motion to set the agenda? It's moved by Commissioner Higgins, seconded by Commissioner Cohen Higgins. All in favor signify by saying aye. Aye. All right, show the agenda here by set. All right, are we can we start with one A? Um uh Mr. Chair through the chair. Uh if we can have the zoning director read in the opening statement at this point. That's Mr. Director, please read in your opening statement. Good morning, Mr. Chair, members of the board, Eric Sola R E R.

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