FINAL OFFICIAL
Miami-Dade BCC - Comprehensive Development Master Plan & Zoning Minutes
Thursday, November 21, 2024
9:30:00 AM
Commission Chambers
Anthony Rodr�guez (10), Chairman; Kionne L. McGhee (9), Vice Chairman; Commissioners Marleine Bastien (2), Juan Carlos Bermudez (12), Kevin Marino Cabrera (6), Danielle Cohen Higgins (8), Sen. Ren� Garc�a (13), Oliver G. Gilbert, III (1), Roberto J. Gonzalez (11), Keon Hardemon (3), Eileen Higgins (5), Raquel A. Regalado (7) and Micky Steinberg (4)
Disclaimer Minutes Definitions    

Members Present: Oliver G. Gilbert, III; Marleine Bastien; Eileen Higgins; Kevin Marino Cabrera; Danielle Cohen Higgins; Kionne L. McGhee; Anthony Rodriguez; Roberto J. Gonzalez
Members Absent: None
Members Late: Keon Hardemon; Raquel A. Regalado
Members Excused: Micky Steinberg; Juan Carlos Bermudez; Sen. Rene Garcia
Members Absent County Business: None

         
1 MINUTES PREPARED BY:  
  REPORT: Bryce Stephenson-Pickett, Commission Reporter (305) 375-1296  
1A INVOCATION AS PROVIDED IN RULE 5.05(H)  
1B PLEDGE OF ALLEGIANCE  
1C ROLL CALL  
  REPORT: Prior to the meeting Deputy Clerk Kerry Khunjar Breakenridge announced that Commissioners Bermudez, Steinberg and Senator Garcia would be absent from today�s Comprehensive Master Development Plan (CDMP) and Zoning meeting.

Chairman Rodriguez convened the CDMP and Zoning meeting at 9:43 a.m., with a prayer followed by the Pledge of Allegiance.

In addition to the Board members, the following staff members were also present:

~ Assistant County Attorneys (ACA) Abbie Schwaderer Raurell and Eddie Kirtley, Jr.;

~ Mr. Eric Silva, Assistant Director, Development Services, Department of Regulatory and Economic Resources (RER);

~ Mr. Jerry Bell, Office of Metropolitan Planning, Department of Regulatory and Economic Resources (RER); and

~ Clerk of the Board, Deputy Clerks Kerry Khunjar Breakenridge and Bryce Stephenson-Pickett.

SETTING OF AGENDA

ACA Eddie Kirtley, Jr. announced that the only change to today�s Comprehensive Master Development Plan (CDMP) and Zoning agenda was the deferral request by the applicant of Agenda 8C1 to no date certain.

It was moved by Commissioner Gilbert III that today�s agenda be approved with the aforementioned change. This motion was seconded by Commissioner Higgins, and upon being put to a vote, passed 8-0 (Commissioners Bermudez, Hardemon, Regalado, Steinberg and Senator Garcia were absent).

Mr. Eric Silva presented the statutory statement, announcing that, in accordance with the Code of Miami-Dade, County all items to be heard today were legally advertised, notices were mailed, and the properties were posted. He stated into the record the parliamentary procedures to be followed during today�s CDMP and Zoning hearing, noting additional copies of the agenda were available in the Commission Chambers.

ALL WITNESSES AND OFFICIAL INTERPRETERS WERE SWORN IN BY THE CLERK PRIOR TO PRESENTING TESTIMONIES BEFORE THE BOARD.
 
3 SMALL-SCALE AMENDMENTS  
OCTOBER 2023 CYCLE SMALL-SCALE APPLICATION WITH CONCURRENT ZONING APPLICATION  
3A  
  240971 Ordinance     Regulatory and Economic Resources
  ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATION NO. CDMP20230027, LOCATED ON THE SOUTHWEST CORNER OF SW 248 STREET AND SW 124 AVENUE, FILED BY LENNAR HOMES, LLC, AS AN OCTOBER 2023 CYCLE APPLICATION TO AMEND THE COUNTY�S COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 8C3] Adopted
Ordinance 24-131
Mover: Danielle Cohen Higgins
Seconder: Oliver G. Gilbert, III
Vote: 9 - 0
Absent: Hardemon
Excused: Steinberg , Bermudez , Garc�a
  REPORT: ACA Eddie Kirtley, Jr. stated that the foregoing proposed item was a small-scale application that was previously heard for first reading. Additionally, this application was before the Board today for a public hearing and final action. He read the titles of the proposed ordinance (Agenda Item 3A), accompanying supplement (Agenda Item 3A Supplement), and companion resolution (Agenda Item 3A1) in the event the Board wished to convert the item into a standard application and transmit. However, if the Board took final action on the small-scale application, the resolution would be deemed withdrawn.

ACA Kirtley, Jr. advised that the application was being processed concurrently with Zoning Application Z2023000437 (Agenda Item 8C3), and that a single public hearing would be conducted for the CDMP and the Zoning application. He stated that the CDMP hearing would be conducted in accordance with the procedures applicable to quasi-judicial applications, with all speakers sworn in prior to addressing the Board to satisfy all requirements.

Mr. Eric Silva read the title of the foregoing Zoning application into the record, noting there were no protests or waivers filed.

Chairman Rodriguez opened the public hearing, and seeing no one appear wishing to speak, the public hearing was closed.

Mr. Hugo Arza, Holland & Knight LLP, 701 Brickell Avenue, Miami, FL, appeared on behalf of the applicant to answer any additional questions.

There being no other comments or objections, the Board voted to adopt the foregoing CDMP application per staff�s recommendation with acceptance of the proffered covenant, and the accompanying proposed resolution (Agenda Item 3A1) to transmit, was deemed withdrawn.
 
  6/4/2024 Adopted on first reading by the Board of County Commissioners  
  6/4/2024 To be advertised in accordance with Section 2-116.1 of the Code of Miami-Dade County by the Board of County Commissioners  
3A SUPPLEMENT  
  242090 Supplement      
  SUPPLEMENTAL INFORMATION ON OCTOBER 2023 CYCLE APPLICATION NO. CDMP20230027 TO AMEND THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP) THAT INCLUDES: (EXHIBIT 1) INITIAL RECOMMENDATION REPORT AND (EXHIBIT 2) ADDITIONAL ITEMS ADDRESSING APPLICATION NO. CDMP20230027 RECEIVED BY THE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES NOT INCLUDED IN THE INITIAL RECOMMENDATION REPORT [SEE AGENDA ITEM NO. 8C3] Presented
3A1  
  242091 Resolution     Regulatory and Economic Resources
  RESOLUTION PERTAINING TO OCTOBER 2023 CYCLE APPLICATION NO. CDMP20230027, FILED BY LENNAR HOMES, LLC., REQUESTING AMENDMENTS TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN; DIRECTING THE MAYOR OR DESIGNEE TO ACT IN ACCORDANCE WITH THE TRANSMITTAL INSTRUCTIONS INCLUDED IN THIS RESOLUTION RELATED TO APPLICATION NO. CDMP20230027, LOCATED ON THE SOUTHWEST CORNER OF SW 248 STREET AND SW 124 AVENUE; REQUESTING STATE LAND PLANNING AGENCY TO REVIEW APPLICATION NO. CDMP20230027; RESERVING THE RIGHT TO TAKE FINAL ACTION AT A LATER DATE; AND DECLARING INTENT TO CONDUCT ONE OR MORE SUBSEQUENT PUBLIC HEARINGS [SEE AGENDA ITEM NO. 8C3] Withdrawn
4 CDMP STANDARD AMENDMENTS AT TRANSMITTAL  
OUT-OF-CYCLE STANDARD APPLICATION  
4A  
  241886 Resolution     Anthony Rodriguez        
  RESOLUTION PERTAINING TO OUT-OF-CYCLE APPLICATION NO. CDMP20240005, FILED BY THE MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES, REQUESTING AMENDMENTS TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN; DIRECTING THE MAYOR OR DESIGNEE TO ACT IN ACCORDANCE WITH THE TRANSMITTAL INSTRUCTIONS INCLUDED IN THIS RESOLUTION RELATED TO APPLICATION NO. CDMP20240005, AMENDING POLICY LU-8H OF THE LAND USE ELEMENT OF THE COMPREHENSIVE DEVELOPMENT MASTER PLAN; REQUESTING STATE LAND PLANNING AGENCY TO REVIEW APPLICATION NO. CDMP20240005; RESERVING THE RIGHT TO TAKE FINAL ACTION AT A LATER DATE; AND DECLARING INTENT TO CONDUCT ONE OR MORE SUBSEQUENT PUBLIC HEARINGS Adopted
Resolution R-1036-24
Mover: Anthony Rodriguez
Seconder: Kionne L. McGhee
Vote: 8 - 1
No: Higgins
Absent: Hardemon
Excused: Steinberg , Bermudez , Garc�a
  REPORT: ACA Eddie Kirtley, Jr. read the titles of the proposed ordinance (Agenda Item 4A), accompanying supplement (Agenda Item 4A Supplement), and companion resolution (Agenda Item 4A1) into the record. He advised that this was an out-of-cycle standard application before the Board for first reading, public hearing, and transmittal; and advised that the Board of County Commissioners (Board/BCC) could approve the application and transmittal with a single roll call vote.

Vice Chairman McGhee opened the public hearing, and the following individuals appeared before the Board:
1. Ms. Laura Reynolds, Hold the Line Coalition, 6820 SW 64 Court, South Miami, FL, appeared in opposition of the application. She expressed support of the staff's recommended 1.4-to-1 jobs-to-housing ratio and emphasized that co-locating jobs near housing reduced transportation costs and made living more affordable for residents. Ms. Reynolds explained that the proposed 1.4-to-1 ratio represented a data-driven reduction from the previous 1.5-to-1 standard, reflecting changing work patterns including increased remote work. She characterized this as a reasonable compromise and cautioned that approving the applicant's proposed 1-to-1 ratio would force residents to travel longer distances to work, thereby increasing living costs contrary to the comprehensive master plan's goals. Ms. Reynolds urged the Board to accept staff's recommendation and deny the 1-to-1 proposal before them.
2. Ms. Truly Burton, Executive Vice President, Builders Association of South Florida, 111 NW 183 Street, Miami Gardens, FL, appeared in support of the application.

Mr. Jeff Bercow, Bercow Radell Fernandez Larkin and Tapanes, 200 S Biscayne Boulevard Suite 300, Miami, FL, appeared on behalf of the applicant, Builders Association of South Florida and delivered a comprehensive presentation addressing the proposed amendment. He explained that Policy LU-8H currently required a 1.5-to-1 jobs-to-housing ratio for UDB expansion projects, but noted that most of the County failed to meet this threshold. Mr. Bercow stated that the County's overall ratio stood at 1-to-1, with only five Municipal Service Areas (MSAs) exceeding the 1.5 standard. He argued that areas adjacent to the UDB fell well below even a 1-to-1 ratio.

Mr. Bercow emphasized that this requirement applied exclusively to UDB expansion applications and was not imposed on any other development type within the County, despite Miami-Dade being among the nation's least affordable jurisdictions. He contended that staff's recommended 1.4-to-1 ratio would worsen affordability challenges and stated that while he acknowledged that landowners ideally should not bear responsibility for addressing regional employment imbalances, the proposed 1-to-1 ratio was a reasonable compromise that would still mandate significant non-residential components in mixed-use developments. He noted that both the County Commission and Planning Advisory Board had recommended the 1-to-1 ratio.

Dr. Jerry Weitz, 1225 Rucker Road, Alpharetta, Georgia, author of the 2003 American Planning Association report that originally recommended the 1.5-to-1 jobs-to-housing ratio, testified on behalf of the Builders Association of South Florida. With over 35 years of urban planning experience, Dr. Weitz stated that his original recommendation was now outdated and being misapplied. He explained that jobs-to-housing balance was intended as a regional planning tool, not a regulatory requirement for specific subareas. Dr. Weitz cited five key concerns: the standard was being applied incorrectly to portions of the region rather than regionally; qualitative balance matters more than quantitative ratios; the 40-year-old standard has become obsolete due to changes in household composition, employment patterns, and COVID-19's impact on work arrangements; the 1.5-to-1 ratio is unattainable in most places, with fewer than six areas county-wide meeting it; and the intended benefits of reduced commuting and traffic are not necessarily achieved. Dr. Weitz concluded that the County's existing growth management policies were adequate without this rigid quantitative standard and recommended either adopting the 1-to-1 ratio or eliminating numerical requirements entirely in favor of qualitative assessments.

Mr. Paul Lambert, Managing Principal, Lambert Advisory, 100 Biscayne Boulevard, Miami, FL, reiterated the arguments presented by Mr. Bercow and Dr. Weitz regarding the removal of the 1.5-to-1 jobs-to-housing ratio. To illustrate the potential risks, he cited the cautionary example of Mountain House, a California community that attempted to implement a similar 1.5-to-1 Minor Statistical Area (MSA) requirement in 2006. The Mountain House development achieved only 0.07 jobs per housing unit, significantly below its target. This shortfall contributed to a severe decline in home values, ultimately leading to Mountain House being designated as America's most "underwater" community. In support of his position, Mr. Lambert referenced a detailed analysis submitted by the applicant that examined the County's MSA requirements, addressing both the limitations on County authority for future modifications and specific concerns regarding staff recommendations.

There being no comments or objections, the Board voted to transmit the foregoing application per the applicant�s requests, to the State Planning Agency.
 
  10/23/2024 Deferred by the BCC - Comprehensive Development Master Plan & Zoning  
4A SUPPLEMENT  
  241887 Supplement      
  INITIAL RECOMMENDATION REPORT (EXHIBIT 1) REGARDING OUT-OF-CYCLE APPLICATION NO. CDMP20240005 TO AMEND THE COMPREHENSIVE DEVELOPMENT MASTER PLAN Presented
  10/23/2024 Deferred by the BCC - Comprehensive Development Master Plan & Zoning  
4A1  
  241888 Ordinance     Anthony Rodriguez        
  ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP), PROVIDING DISPOSITION OF APPLICATION NO. CDMP20240005, FILED BY THE MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES AS AN OUT-OF-CYCLE APPLICATION TO AMEND POLICY LU-8H OF THE LAND USE ELEMENT OF THE COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: No Date Certain
Ordinance 25-59
Mover: Anthony Rodriguez
Seconder: Kionne L. McGhee
Vote: 8 - 1
No: Higgins
Absent: Hardemon
Excused: Steinberg , Bermudez , Garc�a
  10/23/2024 Deferred by the BCC - Comprehensive Development Master Plan & Zoning  
7 CDMP STANDARD AMENDMENTS FOR FINAL ACTION  
MAY 2023 STANDARD APPLICATION WITH CONCURRENT ZONING APPLICATION  
7A  
  232324 Ordinance     Regulatory and Economic Resources
  ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATION NO. CDMP20230011, LOCATED BETWEEN SW 252 STREET AND SW 256 STREET, AND SW 142 AVENUE AND SW 144 AVENUE, FILED BY TMC NARANJA 66 HOLDINGS, LLC, IN THE MAY 2023 CYCLE TO AMEND THE COUNTY�S COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 8C2] Adopted
Ordinance 24-133
Mover: Danielle Cohen Higgins
Seconder: Eileen Higgins
Vote: 10 - 0
Excused: Steinberg , Bermudez , Garc�a
  REPORT: ACA Kirtley, Jr. read the title of the foregoing proposed item and the accompanying supplement (7A Supplement) into the record, and advised that the application was being processed concurrently with Zoning Application Z2023000179 (Agenda Item 8C2). He noted that a single public hearing would be conducted for the CDMP and the Zoning application and stated that the CDMP hearing would be conducted in accordance with the procedures applicable to quasi-judicial applications, with all speakers sworn in prior to addressing the Board to satisfy all requirements.

Mr. Eric Silva read the title of the foregoing application into the record, noting there no protests and no waivers of support filed.

Chairman Rodriguez opened the public hearing, and the following individuals appeared before the Board:
1. Mr. Daniel Coro, 930 SW 183 Terrace, Palmetto Bay, FL, spoke in favor of the application;
2. Ms. Iliany Urquia, 30101 SW 159 Avenue, Homestead, FL, spoke in favor of the application;
3. Ms. Laura Reynolds, 6820 SW 64 Court, South Miami, FL, spoke in opposition of the application, and encouraged the administration to advocate for an increase of workforce housing, up to 40%.

There being no one else appear to speak, Chairman Rodriguez closed the public hearing.

Mr. Javier Vasquez, Berger Singerman, 1450 Brickell Avenue, Suite 1900, Miami, FL, appeared on behalf of the applicant, TMC Naranja 69 Holding, and presented a PowerPoint presentation highlighting the following:
- Correcting a Bifurcation of a Property;
- Subject Property;
- Development;
- And Summary.

Commissioner Cohen Higgins thanked Mr. Vasquez for his presentation and explained to her colleagues that this application highlighted the inconsistencies in the County�s policies. She stated that the 2016-2018 administration pushed for more population density along the Rapid Transit Zone (RTZ), more concentrated density within the County�s urban centers, and limit density outside the UDB. Commissioner Cohen Higgins explained that the parcel in question sat at the intersection of all three of these competing policies, and emphasized that conflicting legislation hindered the overall process of executing the administration�s vision for the County. She stated that due to the application�s unique nature, there was no job to housing ratio, but a request to extend the UDB for residential development purposes. Commissioner Cohen Higgins noted that although she was aware of staff�s favorable recommendation of the application, she stressed that the administration needed to develop new CDMP text changes that would address single parcels bifurcated by numerous policies.

ACA Schwaderer Raurell advised that staff was preparing language regarding this text change to be read into the record and asked the applicant which portion of the property was split by the competing zoning policies and whether they would be open to accepting a text change.

In response to Commissioner Cohen Higgins and ACA Schwaderer Raurell, Mr. Vasquez stated that the applicant had previously discussed a mandate proposed by the administration and clarified that the applicant was willing to accept any text change proposed by the Board, provided these changes did not encroach on the applicant's land use and zoning entitlements.

Mr. Jerry Bell read the following language into the record: �Any parcel of land that is bifurcated by the UDB and under a single folio as of January 24, 2024, 1.) partially zoned within a designated urban center, 2.) within one (1) half mile of the South Dade transit way and the Miami-Dade County Transportation Infrastructure Improvement District (TIID) may be allowed to seek zoning to be developed in accordance with the urban center standards applicable to the urban zoned portion of the parcel subject to the following: 1.) compatibility with the adjacent and abutting agricultural properties as demonstrated by the application to the satisfaction of the Department of Regulatory and Economic Resources (RER); 2.) Should meet the minimum criteria outlined and land use element policy LU-8H applicable to the Zoning applications. It is provided however that for parcels subject to UDB application as of January 24, 2024, the above allowance shall be applicable only to the portion of the parcel that was the subject of the said UDB expansion application.

Discussion ensued between Commissioner Cohen Higgins, Mr. Vasquez, and staff regarding re-transmittal of the application. Mr. Vasquez stressed that the applicant did not want the application to be retransmitted to the State�s Planning Agency.

Chairman Rodriguez called a ten (10) minute recess to give staff additional time to research an answer.

Mr. Garret Rowe advised that the application would be subject to potential comments made by the State due to the text change, and noted that this was standard procedure with compliance with the Code.

ACA Schwaderer Raurell advised that the text change that Mr. Bell read into the record earlier would be limited to only apply to the property with the proposed application.

Commissioner Cohen Higgins inquired about further guidance regarding narrowing the text amendment language to avoid triggering re-transmittal to the State Planning Agency. She reiterated that she did not want to further burden the applicant for an issue created by the administration's inconsistent policies.

Chairman Rodriguez called a 10 minute recess to give the applicant an opportunity to review the text amendment that was read into the record.

Upon reconvening the meeting, Mr. Brian May, Prime Strategies LLC, 235 Catalonia Avenue, Coral Gables, FL, appeared on behalf of the applicant and asked whether the text amendment would be sent to the State as a final action.

Mr. Bell confirmed that this application would be submitted as a final action item, which included a short review period by the State Planning Agency.

Mr. Vasquez stated that the Board was asking the applicant to take a large risk without being properly vetted, which he believed to be unfair.

Commissioner Gonzalez thanked Commissioner Cohen Higgins� for bringing the issue before the Board. He stated that although he would support and follow Commissioner Cohen Higgins� recommendation, he had various concerns with the application�s Area Median Income (AMI) the lack of an agricultural study, and the removal of the term �affordable� from the application�s language. He emphasized that staff disregarded normally upheld standards for this application because of its proximity to the RTZ, instead of considering the potential problems that could arise for the administration in the future.

There being no other comments or objections, the Board proceeded to approve the foregoing application.
 
  12/13/2023 Deferred by the BCC - Comprehensive Development Master Plan  
  1/24/2024 Adopted on first reading by the BCC - Comprehensive Development Master Plan  
7A SUPPLEMENT  
  242092 Supplement      
  SUPPLEMENTAL INFORMATION ON MAY 2023 CYCLE APPLICATION NO. CDMP20230011 TO AMEND THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP) THAT INCLUDES: (EXHIBIT 1) THE FINAL RECOMMENDATION REPORT ADDRESSING THE APPLICATION [SEE AGENDA ITEM NO. 8C2] Presented
8 ZONING ITEMS  
8A DEFERRED ITEM(S)  
8A1  
  241893 Zoning     Regulatory and Economic Resources
  PH NO: Z2023000264 -- DISTRICT(S): 03 -- APPLICANT: 11341 REALTY, LLC. Deferred to December 19, 2024
Zoning Z-4-25
Mover: Keon Hardemon
Seconder: Raquel A. Regalado
Vote: 10 - 0
Excused: Steinberg , Bermudez , Garc�a
  REPORT: Mr. Eric Silva read the title of the foregoing application into the record, noting there were no protests or waivers filed.

Chairman Rodriguez opened the public hearing, and seeing no one appear wishing to speak, the public hearing was closed.

Commissioner Hardemon moved to defer the foregoing application to the next CDMP and Zoning meeting.

There being no other comments or objections, The Board voted to defer the foregoing application to the December 19, 2024 CDMP and Zoning meeting.
 
  10/23/2024 Deferred by the BCC - Comprehensive Development Master Plan & Zoning  
8A2  
  241894 Zoning     Regulatory and Economic Resources
  PH NO: Z2023000265 -- DISTRICT(S): 03 -- APPLICANT: Q VENTURE CAPITAL, LLC. Deferred to December 19, 2024
Zoning Z-5-25
Mover: Keon Hardemon
Seconder: Marleine Bastien
Vote: 10 - 0
Excused: Steinberg , Bermudez , Garc�a
  REPORT: Mr. Eric Silva read the title of the foregoing application into the record, noting there were no protests or waivers filed.

Chairman Rodriguez opened the public hearing, and seeing no one appear wishing to speak, the public hearing was closed.

Commissioner Hardemon moved to defer the foregoing application to the next CDMP and Zoning meeting.

There being no other comments or objections, by motion duly made and seconded, the Board voted to defer the foregoing application to the December 19, 2024 CDMP and Zoning meeting.
 
  10/23/2024 Deferred by the BCC - Comprehensive Development Master Plan & Zoning  
8A3  
  241891 Zoning     Regulatory and Economic Resources
  PH NO: Z2023000423 -- DISTRICT(S): 05 -- APPLICANT: 848 BRICKELL, LLC. Approved staff recommendation
Zoning Z-50-24
Mover: Eileen Higgins
Seconder: Raquel A. Regalado
Vote: 10 - 0
Excused: Steinberg , Bermudez , Garc�a
  REPORT: Mr. Eric Silva read the title of the foregoing application into the record, noting there were no protests and no waivers of support filed.

Chairman Rodriguez noted that there would be no public hearing for the foregoing application because it was previously held.

Commissioner Higgins asked for further clarification regarding the differences between the applicant�s new covenant and the document distributed to the Board.

Mr. Silva presented the updated covenant, directing attention to its detailed description on page six (6) of the agenda item. He pointed out that the applicant had enhanced their commitments in two key areas: First, they increased the public transportation and community benefits contribution to $2 million. Second, they incorporated previously discussed infrastructure improvements into the covenant, specifically the addition of crosswalks and two traffic signals.

Prior to this presentation, Mr. Silva noted that the applicant had conducted two meetings with transportation staff and representatives from the 888 Brickell building. These consultations resulted in a revised transportation methodology and analysis, which was now before the Board for consideration.
Mr. Dennis Kerbel, Ackerman LLP, 98 SW 7 Street, Suite 1100, Miami, FL, appeared on behalf of the applicant and suggested that the motion on this item would be to move to approve the application, but also adjust the condition on the covenant based on the new terms.

ACA Schwaderer Raurell noted that the motion should include a 30 day condition to execute the revised covenant.

There being no other comments or objections, the Board proceeded to approve the foregoing application, per staff�s recommendation, with the a revised covenant that included the increased transportation public benefit contribution to $2 million, improvements to the proposed sidewalks, addition of two (2) traffic signals, and a 30 day condition to execute the revised covenant.

The foregoing resolution was subsequently adopted by the Board and set forth in the Record of Resolutions and assigned Zoning Resolution Number Z-50-24.
 
  9/25/2024 Public hearing held and item deferred by the Zoning Board  
  10/23/2024 Deferred by the BCC - Comprehensive Development Master Plan & Zoning  
8A4  
  241897 Zoning     Regulatory and Economic Resources
  PH NO: Z2024000028 -- DISTRICT(S): 10 -- APPLICANT: ARCHIMEDEAN ACADEMY, INC. Approved staff recommendation
Zoning Z-51-24
Mover: Anthony Rodriguez
Seconder: Danielle Cohen Higgins
Vote: 9 - 0
Absent: Hardemon
Excused: Steinberg , Bermudez , Garc�a
  REPORT: Mr. Eric Silva read the title of the foregoing application into the record, noting there no protests or waivers filed.

Vice Chairman McGhee opened the public hearing, and the following individuals appeared before the Board:
1. Mr. Daniel Puerto, 7025 SW 125 Avenue, Miami, FL, appeared in opposition of the foregoing application; he emphasized that approving this application would increase the number of students present on campus, which would result in more traffic and residential disturbances.
2. Mr. Ernest Richard, 6050 SW 120 Avenue, Miami FL, appeared in support of the application.
3. Mr. Tucker Gibbs, 3835 Utopia Court, Miami, FL appeared in support of the application.

There being no one else appearing to speak, Vice Chairman McGhee closed the public hearing.

Chairman Rodriguez addressed the concerns raised by Mr. Puerto regarding student population and traffic. He clarified that the application's approval would primarily consolidate existing students onto one main campus, rather than significantly increase enrollment numbers. To mitigate the traffic concerns expressed by Mr. Puerto, Chairman Rodriguez explained that consolidating the student body onto a single property would actually help reduce current traffic congestion. He concluded by recommending direct communication between the school administration and Mr. Puerto to address his remaining concerns.

Ms. Laura Wolf, appeared on behalf of the applicant, Archimedean Academy, INC., and informed the Board that the applicant would meet with Mr. Puerto to resolve the issue.

Commissioner Regalado stated that the administration altered their Comprehensive Development Master Plan to allow applicants to build walls or fences up to ten (10) feet around the proposed property without appearing before the Board.

There being no other comments or objections, the Board proceeded to approve the foregoing application, per staff�s recommendation. The foregoing resolution was subsequently adopted by the Board and set forth in the Record of Resolutions and assigned Zoning Resolution Number Z-51-24.
 
  10/23/2024 Deferred by the BCC - Comprehensive Development Master Plan & Zoning  
8B APPEALS ITEM(S)  
8B1  
  242085 Zoning     Regulatory and Economic Resources
  PH NO: Z2023000244 -- DISTRICT(S): 09 -- APPLICANT: UNITY CENTER OF MIAMI, INC. Deferred to December 19, 2024
Zoning Z-3-25
Mover: Kionne L. McGhee
Seconder: Oliver G. Gilbert, III
Vote: 10 - 0
Excused: Steinberg , Bermudez , Garc�a
  REPORT: Mr. Eric Silva read the title of the foregoing application into the record, noting there no protests or waivers filed.

Chairman Rodriguez opened the public hearing, and the following individuals appeared before the Board in opposition to the application:
1. Ms. Kathy Charles O�Sullivan, 15328 SW 165 Street, Miami, FL;
2. Dr. Katherine Driscoli, 1541 SW 166 Street, Miami, FL;
3. Mr. Jason Stoyles, President of Stonewood Homeowners Association, 15248 SW 167 Street, Miami, FL;
4. Mr. Carlos E. Polito, 15121 164 Street Terrace, Miami, FL;
5. Ms. Yvonne Arenas, 16605 SW 148 Avenue, Miami, FL;
6. Mr. Gregory Simpson, 3619 Percival Avenue, Miami, FL.

The following individual appeared before the Board in favor of the application:
1. Reverend Marvelle McIntyre-Hall, 7365 SW 132 Street, Pinecrest, FL.

There being no one else appearing to speak, Chairman Rodriguez closed the public hearing.

Mr. Hugo Arza, Holland & Knight LLP, 701 Brickell Avenue, Miami, FL, appeared on behalf of the applicant Unity Center of Miami, INC., and with the aid of a Powerpoint Presentation highlighted the following:
- Application Site;
- Existing Land Use;
- Zoning Application;
- Purpose of Application;
- Proposed Site Plan;
- Larger Development;
- Staff Recommendation;
- Post Community Council Outreach;
- Community Questions, Concerns and Outreach;
- And Property Values.

Mr. Arza reviewed the zoning application, emphasizing that the applicant did not intend to maximize land usage on the proposed property and would maintain only 22 units out of respect for neighboring homeowners. He stated that the applicant was willing to engage in discussions regarding traffic mitigation measures with both the Board and residents. Mr. Arza indicated his availability to address any questions the Commission might have concerning these issues.

Vice Chairman McGhee thanked the residents for attending the meeting and voicing their concerns and moved to defer the application to the next CDMP and Zoning meeting in order to conduct further research on the application.

There being no other comments or objections, by motion duly made and seconded, the Board voted to defer the foregoing application to the December 19, 2024 CDMP and Zoning meeting.
 
8C CURRENT ITEM(S)  
8C1  
  242086 Zoning     Regulatory and Economic Resources
  PH NO: Z2023000163 -- DISTRICT(S): 02 -- APPLICANT: BOYS AND GIRLS CLUB OF MIAMI NORTH WEST PROPERTY FOUNDATION, INC. Deferred to No Date Certain
Mover: Marleine Bastien
Seconder: Kionne L. McGhee
Vote: 8 - 0
Absent: Hardemon , Regalado
Excused: Steinberg , Bermudez , Garc�a
  REPORT: Hearing no questions or comments, the Board by motion duly made and seconded, deferred the foregoing application to no date certain.  
8C2  
  242087 Zoning     Regulatory and Economic Resources
  PH NO: Z2023000179 -- DISTRICT(S): 08 -- APPLICANT: TMC NARANJA 66 HOLDINGS, LLC [SEE AGENDA ITEM NOS. 7A AND 7A SUPPLEMENT] Approved staff recommendation
Zoning Z-52-24
Mover: Danielle Cohen Higgins
Seconder: Kevin Marino Cabrera
Vote: 10 - 0
Excused: Steinberg , Bermudez , Garc�a
  REPORT: See Agenda Item 7A, Legislative File No. 232334 for full report.

There being no other comments or objections, the Board proceeded to approve the foregoing application, per staff�s recommendation. The foregoing resolution was subsequently adopted by the Board and set forth in the Record of Resolutions and assigned Zoning Resolution Number Z-52-24.
 
8C3  
  242088 Zoning     Regulatory and Economic Resources
  PH NO: Z2023000437 -- DISTRICT(S): 08 -- APPLICANT: BLUE TANGO RENTALS, LLC [SEE AGENDA ITEM NOS. 3A, 3A SUPPLEMENT AND 3A1] Approved staff recommendation
Zoning Z-53-24
Mover: Danielle Cohen Higgins
Seconder: Raquel A. Regalado
Vote: 9 - 0
Absent: Hardemon
Excused: Steinberg , Bermudez , Garc�a
  REPORT: See report under Agenda Item 3A (Legislative File No. 240971).

The Board voted to approve the foregoing Zoning application, per staff�s recommendation. The foregoing resolution was subsequently adopted by the Board and set forth in the Record of Resolutions and assigned Zoning Resolution Number Z-53-24.
 
8C4  
  242089 Zoning     Regulatory and Economic Resources
  PH NO: Z2024000041 -- DISTRICT(S): 02 -- APPLICANT: H GREG MIAMI, INC. Denied without prejudice
Zoning Z-54-24
Mover: Marleine Bastien
Seconder: Eileen Higgins
Vote: 10 - 0
Excused: Steinberg , Bermudez , Garc�a
  REPORT: Mr. Eric Silva read the title of the foregoing application into the record, noting there no protests or waivers filed.

Chairman Rodriguez opened the public hearing, and seeing no one appear wishing to speak, the public hearing was closed.

Mr. Javier Fernandez, Partner, SMGQ Law, 201 Alhambra Circle, Suite 1205, Coral Gables, FL, appeared on behalf of the applicant, H Greg Miami, Inc., and requested a rezoning from Mixed-Use Main Street (MM) and Mixed-Use Corridor (MC) to Mixed Use Corridor Special (MCS) to restore the property�s historic use as an automotive dealership, which had served the community for decades. .

Commissioner Bastien requested clarification regarding the property being located in an Urban Center, and its significance to the community.

Mr. Silva identified the property's location near the North Central Urban Center as a premium transit corridor. He noted that a community charrette from two decades ago designated Mixed-Use Development for the area between 27 Avenue, 79 Street, and 119 Street by the North Central Urban Center District (NCUD) and stated due to the major bus routes, the administration sought to minimize car-dependent uses in this transit corridor.

Commissioner Bastien inquired about the current and previous Zoning uses of the proposed property.

Mr. Silva stated that the property was currently zoned as MC, and that the property had approval for automotive use from the mid-1950s to the 1980s. He noted that the last known approved use for the property was as a beauty salon. Mr. Silva explained that with the adoption of the Comprehensive Development Master Plan (CDMP) and Zoning in 2010, the property was labeled as MC due to not having an active autotype use approval.

Mr. Fernandez clarified that the property maintained automotive-related uses even after the 2010 CDMP adoption, though these were not officially registered with the County. Specifically, it operated as an Enterprise rental facility until 2011 and subsequently as an RV sales facility.

Mr. Fernandez drew a significant parallel to previous zoning decisions, noting that in 2015, the Board approved similar MC to MCS zoning changes along the same corridor - even for properties that lacked the same automotive use history that this property demonstrated. He emphasized that this request represented a straightforward zoning change for a single parcel rather than an expansion of the MCS zone.

Commissioner Bastien inquired about the difference between a certificate of use for auto leasing, auto rental and dealerships. She then asked if the applicant could use an auto leasing certificate to operate a dealership, and if the applicant had previous violations.

Mr. Silva stated that each certificate of use required specific operation details for approval, highlighting that certificates were not interchangeable. He noted that the applicant received a violation for improper auto-use in February 2024, which subsequently resulted in the applicant filing the Zoning application before the Board today.

Commissioner Bastien opposed the zoning application citing three primary concerns. First, the proposal conflicted with the district's development strategy, as Northwest 7th Avenue was designated as a proposed premium transit corridor for future bus rapid transit that discouraged auto-oriented uses. Second, community residents had clearly indicated through various planning charrettes their preference for mixed-use development and affordable housing rather than additional automotive businesses. Third, staff recommended denial, a position she supported.

Commissioner Bastien noted that the Northwest 7th Avenue corridor already contained six car dealerships along with pawn shops, and emphasized that every commissioner has a vision for their district. She moved to deny the application without prejudice, allowing the applicant to return with a proposal aligned with the community's vision and the comprehensive plan's objectives.

Commissioner Regalado inquired about alternative options available to the property owner, questioning whether the only recourse was to cease operations.

Mr. Fernandez responded that his client, who had operated a successful automotive business on the site and owned another dealership nearby, had assumed the use was grandfathered when purchasing the property in 2016. He requested the County recognize the historic automotive use dating back to the early 1950s.

Mr. Silva explained that the full-block property, consisting primarily of parking with only an 8,000-square-foot building, was a prime redevelopment candidate. He encouraged the property owner to contact the Community Redevelopment Agency (CRA) to explore incentives and collaborative solutions for redevelopment consistent with the area's vision.

There being no comments or objections, the Board voted to deny the foregoing application without prejudice.
 
ADJOURNMENT  
  REPORT: There being no further business to come before the Board, the Comprehensive Development Master Plan (CDMP) and Zoning meeting was adjourned at 12:09 p.m.  
3A CONSENT AGENDA  


8/7/2026       Agenda Key: 5168

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