| |
REPORT:
Following the adjournment of the Comprehensive Development Master Plan meeting, Chairman Diaz reconvened the Zoning meeting at 12:17 p.m.
Mr. Nathan Kogon, Assistant Director, Development Services, Regulatory & Economic Resources (RER) Department read into the record the title of the foregoing application, noting there were 981 protests and 495 waivers filed.
Discussion ensued among various Board members and Ms. Eileen Ball Mehta, attorney for the applicant, regarding the applicant�s presentation.
Ms. Eileen Ball Mehta along with co-counsels Mr. Brian Adler, Mr. Howard Nelson and Ms. Liana Kozlowski, Bilzin Sumberg, 1450 Brickell Avenue, Miami, Florida, appeared on behalf of the applicant, Kendall Associates I, LLLP et Al. She invited supporters of the application to stand and filed for the record, 500 letters of support. Ms. Mehta reviewed the applicant�s request and emphasized the subject property was located within the Urban Development Boundary (UDB). She reviewed the history of the subject property, specifically the release of the restrictions which limited use of the subject property for a golf course. Ms. Mehta spoke about the lawsuit involving the previous property owners and the County, and pointed out the Board�s decision (See exhibit 1B-1) to remove the usage restrictions for the property settled the litigation matter and laid the framework for today�s application. She stated the foregoing application resulted from the collaboration of homeowners and property owners and would provide much needed infill housing.
Chairman Diaz noted that Board members may exit the chambers for lunch but would continue to monitor the proceedings.
Mr. Tucker Gibbs, 3835 Utopia Court, Coconut Grove, Florida, appeared on behalf of the Save Calusa Trust (Trust), in support of the application. He acknowledged the applicant�s efforts to engage the community and urged the Board to approve the application per staff recommendation.
Mr. Chad Freeman, 2525 Ponce de Leon Boulevard, Coral Gables, Florida, concurred with the comments made by co-counsel Mr. Gibbs and reiterated the Trust�s support for the foregoing application.
Ms. Mehta contended the majority of residents opposing the application did not reside on the �Ring� road and recognized that traffic issues were the primary point of contention in most zoning applications. She acknowledged the applicant�s need to address the community�s traffic concerns and contended the application not only satisfied the County�s minimum Level of Service (LOS) standard criteria but also exceeded the required mitigation.
Mr. Timothy Plummer, David Plummer & Associates, 1750 Ponce de Leon Boulevard, Coral Gables, Florida, spoke about the traffic challenges facing the Calusa area and with the aid of a PowerPoint presentation highlighted plans for the proposed development intended to mitigate traffic congestion in and around the Calusa Club Drive (SW 96th Street). He explained the proposed project�s main entrance would be located at SW 97th Street with an exit point at SW 127th Avenue. Mr. Plummer reported the Planning Traffic Studies and Zoning Traffic Study performed for the subject property satisfied the County�s LOS and traffic concurrency standards.
Mr. Plummer stated despite the fact that the application met all County LOS and traffic concurrency requirements, the applicant sought to further increase traffic capacity in the area and volunteered to provide the following additional roadway improvements:
~ Extending the northbound turning lanes along SW 133rd Avenue and Kendall Drive;
~ Extending the eastbound left turning lanes at SW 127th Avenue and SW 104th Street;
~ Extending the eastbound left turning lanes at SW 122nd Avenue and SW 104th Street;
~ Creating a �Turbo Lane� at SW 132nd Avenue and SW 104th Street; and
~ Provide funding for adaptive signalization for three traffic signals on SW 104th Street.
Mr. Plummer contended the �cut through� issues facing the community was unrelated to the proposed project and was an ongoing issue. He pointed out that the applicant was willing to work with the residents and pay for traffic calming efforts, including police enforcement a minimum of three (3) days per week. Mr. Plummer reviewed the �cut through� issues and explained the traffic calming plans for the community proposed implementing the least restrictive options at first which would include prohibiting left turns at SW 104th Street and SW 128th Place from 7:00 a.m. to 9:00 a.m. on weekdays, along with police enforcement. He stated in the event these initiatives were unsuccessful, the applicant would modify the median to physically prohibit left turns. Mr. Plummer noted the same efforts would be employed at all areas experiencing �cut through� traffic issues and assured the Board members that the residents would be kept informed and involved in the process. He emphasized that the residents must agree to participate in the traffic calming process by voting to accept the mitigation plans. Mr. Plummer concluded that the proposed project would construct a main entrance point with signalized access on SW 127th Avenue, met County�s LOS standards and traffic concurrency requirements, and would provide comprehensive off-site traffic improvement initiatives to reduce morning �cut through.�
Ms. Mehta noted in addition to the traffic mitigation efforts, the applicant had committed to paying approximately $9.5 million in impact fees to the County.
Addressing concerns regarding the possibility that the subject property provided a unique critical habitat for endangered bat species, Ms. Mehta stated despite the experts inability to ascertain whether the area provided nesting or roosting habitat for the bats, the applicant had agreed to comply with the United States Fish and Wildlife Service best management practices which were included as a condition of the application�s approval. She noted that the applicant was also committed to expanding and enhancing the foraging habitats for endangered bat species as well as wading birds; and expressed the intent to further investigate the possibility that a tricolored heron bird was nesting on the subject property. Ms. Mehta advised the Board members that there would be no development around the �tree island� and that the applicant had agreed to perform monthly inspections over a six (6) month period to determine whether the area provided nesting and roosting habitat for endangered bat and bird species.
Ms. Mehta noted that the applicant had retained ornithologist, Mr. Clive Petrovic, to develop a plan for enhancing onsite habitat for endangered bird species and reviewed his accreditations and accomplishments.
Mr. Clive Petrovic, Roundhouse Chadwell Estates, Tortola, British Virgin Islands, recounted his professional accreditations and experience. He noted the area was neither pristine nor natural and contended the presence of a single tricolored heron did not indicate the island was a natural nesting site.
Mr. Petrovic maintained that the golf course ponds and surrounding shoreline vegetation were not essential feeding habitats. He noted the proposed development plans included the addition of numerous ponds and native flora which would provide more typical conditions consistent with natural wetland feeding areas and make a better habitat for birds on the site. Mr. Petrovic concluded that the subject property was not unique or special enough to foster the sustainability of tricolored heron or little blue heron birds on the site but stated with proper planning, the subject property could be better developed to support wading birds.
Ms. Mehta reiterated the applicant�s commitment to protecting the wildlife and improving the foraging habitats by working alongside the County�s Division of Environmental Resources Management (DERM) and Florida Fish and Wildlife Conservation Commission (FWC). She clarified for the record that the tree island in question represented less than one tenth of one (1) percent of the subject property.
Ms. Mehta noted Mr. Shane Johnson (environmental consultant) and Mr. Andy Dolkart (economic consultant) were present to answer any questions the Board may have.
Mr. Richard Norwalk, Executive Vice President of G.L Homes, 1600 Sawgrass Corporate Parkway, Sunrise, Florida, with the aid of a PowerPoint presentation titled �Calusa Zoning Application� (See exhibit) provided a brief history of the subject property and highlighted elements of the application including the following:
~ Working from the inside-out for the resolutions;
~ About G.L. Homes;
~ Calusa Property (subject location);
~ Bringing down the temperature;
~ Constructive Collaboration;
~ Elements of the proposed development/project:
- 550 Single family detached homes;
- 75 feet buffer around perimeter;
- No road closures to the backs of the surrounding homes;
- No less than 40% open space;
- Recreation protects the privacy of adjacent homeowners; and
- Lot width minimums.
~ Partial list of site planning goals;
~ Renderings of the proposed development and home designs;
~ DERM memo;
~ Calusa Country Club Environmental Assessment Report which found no Florida bonneted bats or sign of bonneted bats roosted on the subject property;
~ Enhanced Foraging Opportunities;
~ Tricolored Heron
- DERM memo;
- Tree island area compared to the subject area;
- Cattle Egret Profile;
~ Traffic/Road conditions at SW 97th Street;
~ Traffic Mitigation Plans;
~ Miami-Dade Urban Boundary;
~ Economic Impact Report (prepared by Andy Dolkart); and
~ Closing statement/points.
Ms. Mehta clarified the subject property was not a public park and noted there was precedent that the golf course could be redeveloped for residential uses.
Chairman Diaz opened the public hearing and requested the speakers limit comments to one (1) minute.
Mr. David Winker, 4720 S. Le Jeune Road, Miami, Florida, appeared on behalf of the �Save Calusa Group� and advised the Board members that he had submitted a notice of appearance, PowerPoint presentation and numerous letters of objection to the County Attorney�s Office and Clerk�s Office regarding his representation of the group, at the last Zoning (10/20) meeting.
Assistant County Attorney Dennis Kerbel clarified that the letter submitted by Mr. Winker did not specify a legal entity.
Mr. Winker, with the aid of the PowerPoint presentation, reviewed County Code Section 33-310(g) and argued the foregoing application was not properly noticed for today�s (11/17) Zoning meeting following the cancellation of the October 20, 2021 Zoning meeting. He contended the subject property was currently vacant and zoned for �Parks and Recreation.� Mr. Winker stated the foregoing application did not address issues related to properties designated for �Parks and Recreation� uses and referenced a letter dated July 21, 2005 addressed to Mr. Tim Foreman which identified restrictions for said designation.
Mr. Winker asserted that the foregoing application failed to meet the County�s planning objectives and commented on the price paid by the developer to acquire the property. He spoke about the importance of preserving park and recreation spaces and pointed out the environmental studies were incomplete. Mr. Winker complained about the lack of community engagement and contended supporters of the application benefited financially. He urged the Board to deny the application and read a statement regarding the environment impact into the record.
The following individuals appeared before the Board in opposition of the item:
1. Mr. Daniel Arguelles, appeared on behalf of the Kendall Federation of Homeowner�s Association, 13281 SW 98th Street, Miami, Florida
2. Ms. Mary Waters, 13600 SW 229th Street, Miami, Florida
3. Mr. Ray Schooley, 16311 SW 173rd Avenue, Miami, Florida
Chairman Diaz noted any PowerPoint presentations made by public speakers would also be limited to one (1) minute.
Assistant County Attorney Kerbel clarified that all PowerPoint presentations were preserved for the record.
4. Mr. Joseph Brian Rapoza, appeared on behalf of the Tropical Audubon Society, 14525 SW 88th Street, Miami, Florida
5. Mr. Steven Leidner, 555 NE 34th Street, Miami, Florida
6. Ms. Vanessa Vazquez, 9301 W. Calusa Club Drive, Miami, Florida
7. Mr. Ammer Cabrera, 9301 W. Calusa Club Drive, Miami, Florida
Vice Chairman Gilbert urged the public speakers to keep all comments civil and to maintain decorum in chambers.
8. Mr. George Moussa, 13001 S. Calusa Club Drive, Miami, Florida
9. Ms. Lucia Echauri, 27610 SW 153rd Court, Miami, Florida
10. Ms. Amanda Prieto, 13390 SW 91st Terrace, Miami, Florida, submitted a PowerPoint presentation
11. Mr. Michael Mills, address protected
12. Ms. Danielle Rivera, 2300 SW 3rd Avenue, Miami, Florida
13. Mr. Ronald Van Paulus, certified arborist, 16221 SW 98th Avenue, Miami, Florida, contended the tree report was outdated and needed to be redone.
14. Mr. Luis Fernandez-Valle, 13230 N. Calusa Club Drive, Miami, Florida
15. Ms. Anelle Martinez, 13360 SW 91st Terrace, Miami, Florida
16. Ms. Patricia Cummins, 10230 SW 130th Avenue, Miami, Florida
17. Mr. Dennis Horn, 13229 SW 85th Street Road, Miami, Florida, provided a PowerPoint presentation
18. Ms. Anaely Pardo, 12941 S. Calusa Club Drive, Miami, Florida
19. Ms. Sandra Lea-Oquendo, 8834 SW 134th Court, Miami, Florida, provided a PowerPoint presentation
20. Ms. Rosibel Roman, 14930 SW 104th Street, Miami, Florida
21. Ms. Ana Palmer, 10210 E. Calusa Club Drive, Miami, Florida stated that she was not opposed to developing the area but did not support building 550 homes on the subject site which were incompatible with the existing community.
22. Mr. Derek Blassingame, no address provided, expressed his disappointment that the issue could not be resolved whereby current homeowners could continue to enjoy the green space while still allowing development on the property.
23. Mr. Drew Martin, Conservation Chair for the Loxahatchee Group of the Sierra Club, 1015 North Elm Street, Miami, Florida questioned the lack of input from the County�s Resiliency Department.
24. Ms. Carolina Jackman, 13351 SW 90th Terrace, Miami, Florida
The following individuals appeared before the Board in support of the item:
1. Mr. Rene Alvarez, 9241 SW 101st Street, Miami, Florida
2. Ms. Yesika Diaz, 12221 SW 121st Avenue, Miami, Florida
3. Mr. Mike Merino, 8820 SW 132nd Place, Miami, Florida
4. Mr. Michael Barela, President of Fox Electrics, 2045 Arch Creek Drive, North Miami, Florida, spoke about the quality of homes constructed by G.L Homes.
Addressing comments made by Mr. Blassingame, Chairman Diaz reiterated that Board members exited the chambers for lunch but continued to monitor the proceedings.
The following individuals requested the item be deferred for additional information:
1. Mr. Ron Magill, 13105 SW 107th Terrace, Miami, Florida requested the item be deferred to get additional information from the FWC.
2. Ms. Aymee Veiner, 13281 SW 100 Terrace, Miami, Florida
3. Mr. Lawrence Percival, President of Greater Kendall Community Activists, 11945 SW 127th Court, Miami, Florida
There being no other persons registered or wishing to speak, Chairman Diaz closed the public hearing.
Addressing comments made by Mr. Winker, Mr. Norwalk commented on the price paid to acquire the subject property and clarified that the Parks and Recreation department supported the application and was working with the developer to create green spaces. He objected and questioned the validity of statements made by Mr. Winker regarding wetlands jurisdiction and reiterated the applicant was committed to protecting the rookery and any endangered bird and bat species nesting on site.
Mr. Norwalk emphasized that 84 percent (84%) of residents with a view of the rookery supported the application and further noted that the subject property in question was not public park space but private property. He spoke about the applicant�s efforts to engage the community and reviewed the terms of the resolved settlement agreement. Mr. Norwalk pointed out the foregoing application was the result of two years of negotiations with homeowners as to the type of development they wished to see on the property and was not a financial settlement.
Ms. Mehta reviewed the definition of �critical habitat� as it relates to the Comprehensive Development Master Plan (CDMP) and clarified the issues identified by DERM, including tree removal, soil and rookery issues, would be handled during the permitting process. She pointed out the conditions were a part of the application and recognized G.L. Homes� stellar reputation as builders and developers.
Mr. Shane Johnson, Senior Ecologist and Project Manager with environmental consulting firm Passarella & Associates, addressed comments made by Mr. Winker regarding wetlands inventory mapping. He contended the mapping process did not determine federal jurisdiction and clarified that the subject property was a closed system with no hydrological exchange across the project boundary with no connection to navigable waters. Mr. Johnson stated the features on the subject property, including the five (5) lakes were isolated and non-jurisdictional.
Ms. Mehta noted the applicant accepted all conditions and requested the Board to approve the foregoing application per staff�s recommendation.
Responding to Commissioner Regalado�s request for clarification regarding assertions made by Mr. Winker that today�s (11/17) Zoning meeting was improperly noticed with reference to the foregoing application, Assistant County Attorney Kerbel explained that the foregoing application was properly advertised prior to the October 20, 2021 Zoning meeting. He noted the public was informed on October 20, 2021 at the meeting site that the Zoning meeting had been cancelled and staff took additional measures to advise the public of the new meeting date consistent with the process for meetings cancelled due to lack of quorum. Assistant County Attorney Kerbel stated the County was not required to re-advertise when an item was deferred due to a meeting cancellation as a result of lack of quorum and assured the Board members that all legal requirements for today�s meeting had been satisfied.
Mr. Kogon noted signs were posted on October 20, 2021 explaining that all items on the Zoning agenda would be deferred to the November 17, 2021 Zoning meeting. He added that courtesy �mail outs� were resent to residences within the same radius as the original �mail outs� and a notice was posted on the subject property with the new (11/17) meeting date.
Additionally, Mr. Kogon pointed out electronic notifications were also sent out to subscribers advising of the new date.
Commissioner Regalado noted CDMP Application 20200009 (CDMP Agenda Item 4A) sought to develop between 800 and 1000 residential units on 161.48 acres which was located less than four (4) miles from the foregoing subject property. She requested clarification regarding the applicant�s request and the density currently permitted on the site.
Mr. Kogon advised the Board members that the subject property size was 168 acres. He explained the current density range under the existing designation for the property would allow between 420 and 1008 units to be built on the subject property; and noted the applicant was requesting to build 550 single-family residential units.
Commissioner Regalado inquired about the circumstances surrounding the removal of the covenant and its impact on the foregoing application.
Assistant County Attorney Kerbel explained on October 29, 2020, the Board considered an application to release the covenant which restricted use of the subject property to a golf course and county club uses. He noted as a result of releasing the covenant, the subject property designated use defaulted to its underlying zoning category, Interim (GU) and Estate Modified Residential District (EU-M) which permitted approximately 30 homes to be built on the subject property with the option for the applicant to request additional density. Assistant County Attorney Kerbel noted the CDMP allowance for a Parks and Recreation designation would allow for residential development compatible with densities in the surrounding areas which would permit approximately 400 to 1000 homes to be built on the subject property.
Discussion ensued between Commissioner Regalado and Assistant County Attorney Kerbel regarding the outcome of litigation between the golf course owner and �Ring Lot� homeowners which the County was not privy to.
Mr. Lee Hefty, Director, DERM, clarified that the department requested the applicant conduct surveys over several months during the wading birds breeding season to identify the level of utilization of the rookery.
Commissioner Regalado asked whether DERM had visited the site and inquired about the presence of endangered bats in the area and DERM�s involvement in protecting the rookery. She also requested clarification regarding the types of enhancements the applicant would be required to make to protect the existing wildlife.
Mr. Hefty confirmed that DERM had conducted an onsite visit and determined there was exotic vegetation which should normally be removed. He explained DERM would issue an administrative variation to maintain the exotic landscape in the event the trees were being utilized by birds. Mr. Hefty noted acoustic surveys determined that Florida bonneted bats utilized the area and as such DERM had requested the applicant implement best management practices to preserve utilization for the bats. He detailed the types of surveys required during the wading bird breeding season and stated based on the results of these surveys, the applicant would be expected to modify development for the rookery area by implementing buffering pursuant to State requirements.
Mr. Hefty stated some of the enhancements proposed by DERM to protect the bonneted bats and wading birds included restricted use of pesticides and herbicides and additional tree coverage in the landscaping plans. He noted DERM also requested minimized use of lighting in areas frequented by the bats for foraging and roosting birds.
Discussion ensued between Commissioner Regalado and Mr. Hefty regarding possible residual contaminants in the soil due to the previous use of the property as a golf course and staff�s recommendations regarding preservation of existing wildlife.
Mr. Hefty stated the applicant would be required to perform soil analysis in areas earmarked for the storm water retention ponds to determine whether the ponds could be constructed as proposed without exacerbating existing contamination.
Commissioner Martinez spoke about the circumstances surrounding the removal of the covenant in 2020 and contended the foregoing application would have a direct impact on commission district 11 due to its location. He commented on the benefits of the development proposed under CDMP application 20200009 and the foregoing proposed application would not only impact traffic congestion but also quality of life.
Commissioner Martinez requested clarification regarding the police department�s recommendation that an internal traffic study be performed prior to and post construction and requested Mr. Ron Magill be allowed to readdress the Board regarding his concerns.
Mr. Magill urged the Board members to defer the foregoing application so that an independent study could be performed by FWC and Bat Conservation International.
Commissioner Martinez stated that while he recognized the quality of homes constructed by the developer he was concerned about the number of homes proposed to be built on the site and recounted his experience as a police officer responding to an emergency in a large residential development and the difficulties associated with finding a residence. He commented on the discourse and relationship between neighbors supporting and opposing the application and reiterated the proposed development would impact the surrounding communities not just the Calusa neighborhood.
Discussion ensued between Chairman Diaz and Commissioner Martinez about recalling speakers.
Chairman Diaz reiterated all speakers were provided one (1) minute to address the Board members.
Addressing comments made by the police department concerning the foregoing application, Mr. Kogon confirmed that the police department requested an ongoing traffic analysis be performed during the project�s development. He noted the proffered covenant agreed to comply with all applicable conditions, requirements, recommendations, requests and other provisions of the Traffic Engineering Division (TED) of the Department of Transportation and Public Works (DTPW) as indicated in the memorandum dated August 26, 2021.
Commissioner Regalado pointed out the applicant had agreed to fund three (3) additional police officers.
Mr. Kogon noted the traffic mitigation plans were detailed on pages 3 through 8 of the declaration of restrictions.
Commissioner Heyman stated she could not support the application unless the density was reduced and recounted the history of the subject property.
Chairman Diaz requested copies of the notice provided to the public regarding the deferral of the foregoing item to today�s (11/17) Zoning agenda due to the October 20, 2021 Zoning meeting cancellation.
Responding to Chairman Diaz�s question about the steps taken to protect the rookery and existing wildlife, Mr. Hefty reiterated DERM recommended the applicant buffer the rookery area pursuant to State requirements and perform surveys during the wading bird nesting season, prior to the issuance of any construction permits.
Assistant County Attorney Kerbel confirmed the conditions listed by Mr. Hefty were contained in staff�s recommendation for approval.
Mr. Norwalk agreed to the conditions recommended by DERM.
Commissioner Regalado recognized the sensitivity of the application given the history of the subject property and addressed social media comments regarding the lack of access to the commission on the foregoing application, explaining the Jennings Rule prohibited Board members from speaking to the public regarding Zoning applications.
Discussion ensued between Commissioner Regalado and Mr. Norwalk regarding the use of palm trees for landscaping.
Mr. Norwalk referenced the conditions of the settlement agreement and stated he would make a best effort commitment to limit the use of palm trees in the landscaping plans.
Commissioner Regalado noted the foregoing application and CDMP application 20200009 were both located in the same park district, which reported an excess 346.01 acres of land and questioned whether the park impact fees generated by the foregoing proposed development could be allocated to fund improvements at the Kendall Indian Hammocks Trail and the West Kendall Trail.
Mr. Alejandro Zizold , Master Plan Manager, Miami-Dade Parks, Recreation and Open Spaces (PROS), reviewed the criteria for allocating park impact fees and assured the Board members if the trails identified by Commissioner Regalado were located close to the proposed development, staff would explore the possibility of allocating the fees to improve/develop the trails. He noted the applicant was amenable to investing the improvement impact fees to park development in lieu of payment of the fees.
Commissioner Regalado inquired about the mechanism for allocating park impact fees to fund improvements at the Kendall Indian Hammocks Trail and the West Kendall Trail.
Assistant County Attorney Kerbel explained the allocation could be made a part of the approval, directing the applicant to work with the parks department to ensure, to the maximum extent feasible, that the park impact fees be used for the two trails.
Discussion ensued between Commissioner Regalado and Mr. Cecil regarding the settlement agreement and buffering requirements between residential units.
Commissioner Regalado indicated her intent that the full amount of the park impact fees (approximately $1.5 million) be evenly allocated to fund improvements at the Kendall Indian Hammocks Trail and the West Kendall Trail, to the maximum extent feasible, including landscaping, pedestrian and bike access.
Commissioner Regalado voiced her support for the foregoing application and upon the conclusion of extensive discussions on the foregoing application, moved to approve the application per staff recommendation with an amendment to require the Park Impact fees be evenly allocated to fund improvements at the Kendall Indian Hammocks Trail and the West Kendall Trail, to the maximum extent feasible.
Commissioner Regalado requested staff provide additional information regarding the status of the rookery.
Assistant County Attorney Kerbel noted one of the conditions of the application�s approval required ongoing monitoring of the rookery and assured the Board members that updates would be forthcoming.
Hearing no further questions or comments, the Board proceeded to approve the application with conditions, per staff recommendation and the amendment to address the impact fees. The foregoing resolution was subsequently adopted by the Board and set forth in the Record of Resolutions and assigned Zoning Resolution Number Z-34-21.
|
|