Miami-Dade Legislative Item
File Number: 232494
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File Number: 232494 File Type: Ordinance Status: Denied
Version: 0 Reference: 24-48 Control: Pending BCC Assignment
File Name: SOUTH DIXIE - CDMP20210013 Introduced: 12/19/2023
Requester: Regulatory and Economic Resources Cost: Final Action: 5/7/2024
Agenda Date: 5/7/2024 Agenda Item Number: 7I
Notes: CDMP; CROSS REFERENCE WITH 240076 AND 240106 Title: ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATION NO. CDMP20210013, LOCATED ON THE NORTH SIDE OF SW 122 STREET ADJACENT TO THE WEST SIDE OF THE SOUTH DADE TRANSITWAY, FILED BY SOUTH DIXIE AND 122 LLC, IN THE OCTOBER 2021 CYCLE APPLICATION TO AMEND THE COUNTY’S COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NOS. 8L3 AND 8L4]
Indexes: NONE
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed

Legislative History
Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail
Board of County Commissioners 5/7/2024 7I Denied P
REPORT: County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. She advised that Agenda Item 8L3 was the companion resolution for the application in Agenda Item 7I and added that the Board of County Commissioners (Board) could decide to convert this item to a standard application and transmit, however, if the Board decided to take final action today (5/7) on the small-scale application, then the companion resolution would be deemed withdrawn. She also noted that public hearing was held in its entirety on the item during the March 21, 2024 Comprehensive Development Master Plan (CDMP) meeting, pursuant to quasi-judicial procedures. She added that it was announced during the CDMP meeting that the public hearing also served for the concurrent zoning application, Agenda Item 8L4. County Attorney Bonzon-Keenan informed the Board that after the CDMP meeting lost quorum, the adoption hearing for the item resumed during the April 16, 2024 Board meeting, but was deferred to today’s meeting. ALL WITNESSES WERE SWORN IN BY THE CLERK PRIOR TO PRESENTING TESTIMONIES BEFORE THE BOARD Commissioner Steinberg informed the Board that although she was not present at the CDMP meeting, she reviewed the notes from the meeting and would be able to participate in the consideration of the agenda item. Chairman Gilbert III also noted he could participate in the consideration after reviewing the April 16 Board meeting. Assistant County Attorney Abbie Schwaderer-Raurell advised that the CDMP covenant had the standard condition that would allow the applicant 30 days to submit the final, legally sufficient covenant and joinders. It was moved by Senator Garcia that the Board approve the application with staff’s recommendation. This motion was seconded by Commissioner Higgins, and upon being put to a vote, failed by a vote of 7-5 (Vice Chairman Rodriguez and Commissioners Cohen Higgins, Cabrera, Regalado and Steinberg voted no; Commissioner Bermudez was absent) because it required a two-thirds majority of present Board members to approve the application. After the vote was taken, Commissioner Cohen Higgins moved to deny the application. This motion was seconded by Vice Chairman Rodriguez, and upon being put to a vote, the result was a tied vote of 6-6 (Chairman Gilbert III and Commissioners Bastien, Gonzalez, Higgins, McGhee and Senator Garcia voted no; Commissioner Bermudez was absent). Assistant County Attorney James Kirtley advised Chairman Gilbert III that another motion could be made, otherwise the item would be deemed withdrawn if the Board proceeded to the next item on the agenda. He also stated that with 12 Board members present, eight (8) votes would be needed to approve the application and a simple majority was required to deny the application. Senator Garcia remarked that the proposed assisted living facility (ALF) listed in the application was intended for ailing, elderly persons who needed housing in Commission District 8. He asked that the Board members who voted against the application to reconsider their votes. Senator Garcia made another motion to approve the application. This motion was seconded by Commissioner Higgins. Discussion ensued among the Board members and the County Attorney’s Office regarding the process to reconsider the vote. Commissioner Hardemon spoke about the detrimental effects of vacant, undeveloped properties on communities, such as less available housing and poor aesthetics. He noted, however, that in some affluent communities in South Miami-Dade the undeveloped, natural lands accented the aesthetics of the communities, but he stressed the lack of housing and other issues had to be addressed by the County. After speaking about the need to provide housing for elderly County residents, Commissioner Hardemon voiced his support for the application. Commissioner Gonzalez concurred with Commissioner Hardemon and indicated his support for the ALF project because of the affordable housing opportunities for the elderly. Responding to Commissioner Gonzalez’s inquiry on the developer’s efforts to negotiate with the community, Ms. Melissa Tapanes Llahues, an attorney representing the developer, listed several concessions made for the project based on input garnered from community meetings, which included: ~ Reducing the amount of beds in the ALF from 258 to 216; ~ Reducing the height of the ALF; ~Extensive redesigns of the project; ~ Providing a landscape buffer for the ALF; and ~ Committing to traffic improvements. Commissioner Cohen Higgins pointed out that there was organized opposition to the project from many residents in her district, which included the elderly. She noted the importance of preserving the quality of life for residents in communities and addressing their housing needs and traffic concerns, which would not be accomplished with an ALF. She also noted that the developer did not abide by a covenant signed by them years ago to develop housing. Commissioner Cohen Higgins was unsupportive of the application. Chairman Gilbert III acknowledged the concerns of Commission District 8, but remarked that the item would address the housing needs of the elderly. Senator Garcia suggested the amount of beds in the proposed ALF be reduced to 185. Commissioner Higgins expressed her support for the project because it would provide housing and medical assistance for the elderly. Senator Garcia moved to approve the application with conditions to reduce the amount of beds in the ALF to 185 and to use the Residential Modified District (RMD) standard for Agenda Item 8L4. There being no further questions or comments, the Board proceeded to vote on the proposed ordinance, as presented. Following the vote, Ms. Tapanes Llahues asked that the item be deferred. Chairman Gilbert III informed her that only the Board members could request deferrals and that with the consideration of the next agenda item, the current agenda item would be deemed withdrawn. The Board meeting recessed at 12:01 p.m. and resumed at 12:38 p.m.
Board of County Commissioners 4/16/2024 7A Deferred 5/7/2024
REPORT: Commissioner Bermudez stated that he was not present at the March Comprehensive Development Master Plan (CDMP)/Zoning meeting and had not listen or watch the tape; therefore, he stated he would not participate in the discussion of this item. Vice Chairman Rodriguez announced the Board would proceed with the foregoing proposed ordinance along with Agenda Items 8L1 and 8L2. Assistant County Attorney James “Eddie” Kirtley noted the foregoing Agenda Item 7A relates to a small-scale application to amend the County’s Comprehensive Development Master Plan (CDMP), and the item was before the Board for final action. He indicated that he would proceed to read the title of the foregoing ordinance into the record along with the accompanying proposed resolution (Agenda Item 8L1) should the Board desire to convert the application to a standard application and transmit. However, he stated that if the Board decided to take final action on the small-scale application, the foregoing ordinance, the companion resolution Agenda Item 8L1 would be deemed withdrawn. Assistant County Attorney Kirtley read the title of the foregoing proposed ordinance and asked that the Board members note that the Board held the public hearing at its March 21, 2024, CDMP and Zoning hearing. He noted that public hearing served as the public hearing for today’s (4/16) CDMP item (Agenda Item 7A) and the concurrent Zoning Agenda Item 8L2. Vice Chairman Rodriguez announced that the public hearing on the items (Agenda Items 7A, 8L1 and 8L2) was held and closed. Commissioner Cohen Higgins noted a number of residents present who were standing. She noted the foregoing proposed ordinance came before the Board at its last CDMP and Zoning hearing and a quorum was loss. Commissioner Cohen Higgins expressed concern with the public hearing already opened and closed; and a number of commissioners currently sitting on the dais today (4/16) were not present when the public hearing took place. She acknowledged Commissioner Bermudez’ comments and being that no other commissioners who was not present made a similar comment because those Board members have watched the meeting proceedings where the public hearing occurred. Therefore, Commissioner Cohen Higgins reiterated and asked the County Attorney if the Board could move forward with consideration of the proposed items, even though a number of Board members who are present today, were not present at the prior hearing when the public hearing was opened and closed. In response to Commissioner Cohen Higgins, Assistant County Attorney Abbie Schwaderer-Raurell stated that a CDMP item was a legislative item; and the Zoning item was quasi-judicial and have additional due process requirements. She commented, if a commissioner were absent, the County Attorney’s office would advise the commissioner to listen to the recording of the meeting proceedings. She noted that a Board member could watch the live stream (webcast) during the meeting proceedings, even though the member may not be present in the commission chambers and this advice was given only for zoning items. Commissioner Cohen Higgins stated that she was not in support of this application. She asked for Senator (Sen.) Garcia based on his request for the deferral at the prior meeting to share his thoughts, and if he had an opportunity to visit the subject area for this application. She commented there has been longstanding and ongoing issues with this application for the past three years. Commissioner Cohen Higgins noted at the last hearing she expressed appreciation for the adjustments to the application by the applicant who made some serious concessions. She stated as of today (4/16) she was still not in support of the application because primarily the same applicant who stood before this Board filed a covenant approved by this body saying that the applicant would not do a certain thing and did not keep their promise with the covenant. Commissioner Cohen Higgins stated once again the same applicant stand before this Board a few years later requesting yet another change with a covenant. She recognized the need for an assisted living facility (ALF), but felt this was not the location for it. Commissioner Cohen Higgins stated at the appropriate time she would move to deny the application. Commissioner Cohen Higgins moved that the Board deny the foregoing application, and Commissioner Cabrera seconded the motion for discussion. Sen. Garcia noted his site visit of the subject area and that the Board should look at the issue of healthcare in our community and housing particularly for the elderly. He expressed that the County need to make sure there was enough quality housing for the elderly. Sen. Garcia noted in his commission district the need for improvement for ALFs and in this community. He stated that this issue was more of a countywide issue because of the County needs. He stated the County has an opportunity to not only create housing, but also, to make an impact on the seniors in Miami-Dade County. Sen. Garcia stated that he would not support a motion to deny this application. He noted the subject area, which was compatible for an ALF. Sen. Garcia asked if the applicant could downsize by decreasing the number of seniors at this ALF. In response to Sen. Garcia’s comments, Ms. Melissa Tapanes, 200 South Biscayne Boulevard, Miami, Florida, appeared before the Board on behalf of the applicant, agreed with Sen. Garcia’s comments regarding this was a countywide issue and there was a critical shortage of assisted living facility for memory care patients. She proceeded with providing a brief overview of the application and respectfully request consideration of the modified request. Ms. Tapanes stated her client would be open to decrease the number of seniors to be serve at the ALF. Sen. Garcia noted that there would be an increase in cost for the residents if the number decreased. He expressed he felt comfortable to move on item. Commissioner Gonzalez noted his personal experience and that it would be difficult to vote against this item because it was for the County most vulnerable residents. He noted his concern with no infrastructure and the concerned raised regarding traffic in the subject area. Commissioner Gonzalez questioned should this application not move forward, what would be allowed on this site in terms of townhomes or any type of residential. Ms. Tapanes responded that currently there was a covenant limiting the development to 12 units and a community clubhouse. She noted the CDMP application was solely to release that covenant, due to the changes because of the 2015 covenant. Ms. Tapanes noted that the Strategic Miami Area Rapid Transit (SMART) Plan and all the other legislation that has come thereafter since 2019. She commented if that covenant was release then the as-of-right development would be approximately 22 townhomes and a community center. In response to the comments by Ms. Tapanes, Commissioner Gonzalez noted a minimum of three cars per home. In addition to infrastructure and traffic for the ALF for drop-off and pick-up. Ms. Tapanes noted that the County approved the traffic analysis. She noted that the zoning covenant provided for significant transportation in the area and the applicant was prepared to fund improvements in the area. Commissioner Gonzalez commented on the pickup and drop-off and traffic lines on the street from the ALF, the neighboring schools and the traffic impact to the subject area. Ms. Tapanes spoke about the applicant commitment to provide significant traffic improvements in the subject area to improve existing traffic condition, the 22-townhome units’ as-of-right development, and the applicant’s proffer to rezone the property to residential mixed-use district (RMD) to ensure there would be no Live Local Act development at this site. Additionally, she spoke about the reduction of the number of beds to under 200 units with a two-story building along the residential portion and three stories along US 1. Commissioner McGhee questioned how the Live Local Act come into play with this application in regards to an ALF. In response to Commissioner McGhee’s question, Ms. Tapanes replied that the mixed-use district (MDC) would allow for mixed-use development. She noted that there are both land use and zoning covenants that the applicant has proffered that it will be an ALF, but due to the commissioners concern, the applicant was willing to request a downzone to RMD as mentioned by Sen. Garcia. Ms. Tapanes pointed out therefore; there would be a complete inability to have a Live Local Act project. She expressed, the applicant’s intent for the land use and zoning covenants providing for an ALF with 216 beds. Commissioner McGhee stated if the applicant reduced the number of units, the remaining tenants or recipients of these units would bear the cost. In response to Commissioner McGhee’s comments, Ms. Tapanes replied that would be a possibility and the applicant has been working on redesigning the project based on the community concerns. Ms. Tapanes noted numerous meetings took place with the community and at those meetings the applicant has reduced the number of beds, reduced the heights, increase the landscape, open space and the buffers as well as work with the community on the proposed transportation improvements that was proffered. In response to Commissioner McGhee’s question regarding the Live Local Act, Ms. Tapanes responded and explained the Live Local Act (Act) was adopted in 2023, which allowed for mixed-use for properties with mixed-use zoning, industrial or commercial zoning to be developed pursuant to the Act. Additionally, she stated that the as-of-right development allowed the maximum density as well as the height within one mile of the subject property. Ms. Tapanes informed the Board members of the current “Glitch Bill” Senate Bill (SB) 368, which added to the maximum allowable floor area ratio (FAR) in the jurisdiction. She stated that the applicant was not proposing the Act as part of this project and request only rezoning to RMD. Commissioner McGhee asked if the Live Local Act provided affordable housing. In response to Commissioner McGhee’s inquiry, Ms. Tapanes responded that in order to be a Live Local Act project, 40% of the density of that project must be up to 120% of area median income. Additionally, she noted if there were 70 units or more that were affordable under the Live Local Act the project and those units would be subject to an ad valorem tax abatement as well. In response to Commissioner McGhee’s comments regarding no affordable units at this location, Ms. Tapanes stated that the applicant never proposed affordable housing or any type of residential housing. She informed the Board members that the application was for an ALF for mostly Alzheimer and Dementia elderly residents over the age of 65. Commissioner Bastien stated that she agreed with Sen. Garcia and Commissioner Gonzalez comments. She noted her personal experience as a medical social worker at Jackson Memorial Hospital in referring clients to ALFs. Commissioner Bastien noted the residents concern at the last hearing about the increase in traffic in the area and the increase traffic from ambulances coming to the facility. She asked that someone explain the difference between ALFs and nursing homes patients. Commissioner Bastien stated that for the most part these patients were functional and just needed assists with certain daily living activities. She asked for an explanation on the types of residents that would be living at this ALF. In response to Commissioner Bastien’s request for an explanation, Ms. Tapanes provided an explanation by stating that seniors residing at the ALF typically require assist with their daily needs such as bathing, medication, going to the restroom and eating. She commented most have Dementia and Alzheimer and the ALF would provide the daily programming and routine that allow seniors to live happy and healthy lives. Ms. Tapanes stated that people are no longer utilizing nursing homes. She noted a United States Supreme court case called “Olmstead” that provided the right for elders and individuals to live in their communities rather than in institutions to have the support of their family and friends. She commented on her personal experience and the need for 24-hour nursing care at the ALF. Commissioner Bastien expressed there were many ALFs in her commission district and this was a countywide issue in regards to ALFs. Commissioner Higgins stated that the Board has an opportunity to provide housing in a compassionate way. She noted her personal experience and that the State of Florida has one of the highest growth of Alzheimer and Dementia patients. Commissioner Higgins stated if the Board do not allow these ALFs and provide relief to approximate 266 families. the Board would contribute to placing those families in economic perils. She noted the economic demographics and the median income was approximately $58,000, for the average household income. Commissioner Higgins stated no one wants an ALF in their backyard, but we, the County was facing human issues that affect people lives and that was the decision the Board would make today (4/16). She stated this project was low density and would not generate much traffic in the area. Commissioner Cohen Higgins thanked her colleagues for their comments and noted the need for this ALF. She noted the subject site/area zoned for housing and the current housing crisis. Commissioner Cohen Higgins stated that the decision before the Board was for an ALF or housing, and both addressed the crisis in Miami-Dade County. She stated that the applicant must hold the developer accountable via the proffered covenant by the applicant. Commissioner Cohen Higgins provided an overview of the past actions of the developer who has not done anything for other applications for housing. She noted the number of zoning applications for commission district 8 and the organization by the residents for this application. Commissioner Cohen Higgins pointed out that the entire community in this area was coming together to say the infrastructure in place was not capable of supporting what was being proposed in this area. She further stated that the community felt this proposal would significantly affected their quality of life. Commissioner Cohen Higgins commented that the community was not saying not to build anything, but just build what you say you are going to build. She stated that it was important to note that should this application pass, what was being built was not an ALF for residents in the community who had an average median income of $57,000. Commissioner Cohen Higgins pointed out that this was an extremely high price ALF for Alzheimer patients. In response to some of the comments by Commissioner Cohen Higgins, Ms. Tapanes replied that the typical price was approximately $4,065 and noted other areas in Miami-Dade County. She further noted that the covenant in 2015 was for 12 units for a partial rezone and the remaining property was zoned RU-2; and stated that she was willing to discuss those facts. A brief discussion ensued between Commissioner Cohen Higgins and Ms. Tapanes regarding the 2015 covenant and the applicant not building consistent with the covenant. Commissioner Cohen Higgins stated that she was holding the developer accountable and would not support this application. Assistant County Attorney Kirtley noted a letter submitted by Mr. David Winker regarding this application, for the record. (See exhibit) It was moved by Commissioner Cohen Higgins that the Board deny the foregoing CDMP application and the companion resolution Agenda Item 8L1 and Agenda Item 8L2 the Zoning application. This motion was seconded by Commissioner Cabrera, and upon being put to a vote, failed by a vote of 4-6, (Commissioners Regalado, Cabrera, Cohen Higgins and Vice Chairman Rodriguez voted “Yes”, Commissioners Higgins, McGhee, Bastien, Gonzalez, Hardemon and Sen. Garcia voted “No” and Commissioners Steinberg and Bermudez, and Chairman Gilbert III were absent). Subsequently, Sen. Garcia presented a motion for approval to downzone the foregoing application to residential mixed-use district (RMD) instead of mixed-use corridor district (MCD). Commissioner Higgins seconded this motion. Assistant County Attorney Abbie Schwaderer-Raurell clarified and restated the motion to approve the requested CDMP amendment (Agenda Item 7A) and acceptance of the proffered covenant with an additional change to indicate that the property be zoned residential, which may include RMD. In addition, with the standard condition that the applicant would have 30-days to submit the final proffered covenant and legally sufficient opinion of title, and the director of zoning may grant an extension of time for good cause shown, if not submitted, the application will be deemed withdrawn. Assistant County Attorney Kirtley advised the Board seven (7) votes or two-thirds (2/3) vote were required for adoption. The motion upon being put to a vote, failed by a vote of 6-4, (Commissioners McGhee, Bastien, Gonzalez, Hardemon, Higgins and Sen. Garcia voted “Yes”, Commissioners Regalado, Cabrera, Cohen Higgins and Vice Chairman Rodriguez voted “No” and Commissioners Steinberg, Bermudez and Chairman Gilbert III were absent). A brief discussion ensued among the Board members and Assistant County Attorney Schwaderer-Raurell regarding subsequent motions at this time in accordance with Chapter 2 of the Miami-Dade County Code (Code). Commissioner Regalado spoke about if the Board did not take action on the CDMP application and asked about the covenant that applied to a certain portion of the subject property; and Ms. Tapanes responded it was for the whole property. Commissioner Regalado asked that without the downzoning to the property, the applicant could do a Live Local. In response to Commissioner Regalado’s inquiry, Mr. Garett Rowe, Chief, Planning Division, Metropolitan Planning – CDMP Administration, Department of Regulatory and Economic Resources (RER) commented the property does not have commercial zoning; therefore, Live Local would not apply. He stated that the property would require a rezone to a commercial, mixed-use or industrial zoning district for Live Local to apply. A further discussion ensued among Commissioners Cohen Higgins, Gonzalez, Hardemon, Sen. Garcia and Assistant County Attorney Schwaderer-Raurell regarding the requirement for a two-thirds vote of the Board members present, and procedurally how the Board could move forward with motions pursuant to Chapter 2 of the Code. Sen. Garcia presented a motion for deferral and Commissioner McGhee seconded this motion and stated that every Board member should participate on this vote because it was of countywide significance. The motion upon being put to a vote, passed by a vote of 6-4, (Commissioners Bastien, Garcia, Gonzalez, Hardemon, Higgins and McGhee voted “Yes”; Commissioners Cabrera, Regalado, Cohen Higgins and Vice Chairman Rodriguez voted “No” and Commissioner Steinberg, Bermudez and Chairman Gilbert III were absent). Following a brief discussion among the Board members regarding the number of deferrals for this application, Assistant County Attorney Kirtley advised the Board members that pursuant to the Miami-Dade County Code pertaining to deferrals, this was the first deferral after the public hearing occurred. Hearing no objections, the Board proceeded to vote for the deferral of Agenda Item 7A, the CDMP application to the next Board meeting scheduled for May 7, 2024. Assistant County Attorney Schwaderer-Raurell advised the Board of the two companion items (Agenda Items 8L1 and 8L2) that the Board could defer, also, to the May 7, 2024, Board meeting. Hearing no objections, the Board proceeded to vote for the deferral of Agenda Items 8L1 and 8L2 to the May 7, 2024, Board meeting.
BCC - Comprehensive Development Master Plan 3/21/2024 3B Public hearing was opened and closed but no action was taken due to a loss of quorum
REPORT: Assistant County Attorney (ACA) Dennis Kerbel read the titles of the foregoing proposed ordinance and the accompanying proposed resolution (Agenda Item 3B1) into the record. He noted that Agenda Item 3B1 was a transmittal to the state, and explained that if the Board voted to approve the foregoing ordinance, the accompanying resolution (Agenda Item 3B1) would be deemed withdrawn. ACA Kerbel explained the foregoing application was being processed concurrently with Zoning Application Number Z2022000148 (Zoning Agenda 1A), and noted a single public hearing would be conducted for the Comprehensive Development Master Plan (CDMP) and Zoning application. He advised 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 of County Commissioners (Board). ACA Kerbel indicated that all public hearing testimony would be transcribed and all exhibits submitted as part of the CDMP hearing would also be incorporated into the Zoning record. ACA Kerbel announced that since the CDMP application included a modified covenant, the application would need an affirmative vote of two-thirds of the members present, no less than seven (7) votes. Chairman Gilbert III opened the public hearing, and the following individuals appeared before the Board, with the aid of a PowerPoint presentation, in opposition: 1.) Mr. Allan Bass, 8445 SW 120 Street, Miami, FL, presented the Concern Killian Neighbors slide of the PowerPoint; 2.) Mrs. Janet Greenburg Bass, 8445 SW 120 Street, Miami, FL, presented the Characteristics of the Neighborhood slide of the PowerPoint; 3.) Ms. Rosemary Pringle, 8473 SW 122 Street, Miami, FL, presented the Characteristics of the Neighborhood slide; 4.) Mr. Hugh Pringle, 8473 SW 122 Street, Miami, FL, presented the Declaration of Use slide of the PowerPoint; 5.) Mr. Steven Haguel, 8250 SW 115 Street, Miami, FL, presented the Declaration of Use and CDMP – Land Use Element slides of the PowerPoint; 6.) Ms. Debra Leatherman, 11401 SW 87 Avenue, Miami, FL, presented the Tree Top Village 12 Units – July 2018; 7.) Ms. Katya Landeiro, 11275 SW 82 Avenue, Miami, FL, presented the Metamorphism of Tree Top Village slide of the presentation; 8.) Mr. Francis Jean Mitchell, 8365 SW 112 Street, Miami, FL, presented the CDMP20141104 Comments slide of the PowerPoint; 9.) Ms. Mercedes Montalvo, 11330 SW 82 Avenue, Miami, FL, presented the CDMP – Land Use Element slide of the PowerPoint; 10.) Mr. Alejandro Perez, 8420 SW 120 Street, Miami, FL, presented the Aerial of 82 Ave & 84 Ave slide of the PowerPoint; 11.) Mr. Gary Winston, 8576 SW 121 Street, Miami, FL presented the Vineland Elementary Traffic slide of the PowerPoint; 12.) Mr. John Trifiletti, 8425 SW 121 Street, Miami, FL, presented the SW 82 Ave & 120 St and Evening Rush Hour slides of the PowerPoint; 13.) Mr. Osqaldo Long, 8305 SW 106 Street, Miami, FL, presented the Lennar Traffic Report slide of the PowerPoint; 14.) Mr. Gaston Sanchez, 1150 SW 92 Street, Miami, FL, presented the Lennar Traffic Analysis and the Tree Hauzz Traffic Analysis slides of the PowerPoint; 15.) Mr. Robert Blumenthal, 8520 SW 120 Street, Miami, FL, presented the Tree Hauzz Adds 789 Trips slide of the PowerPoint; 16.) Ms. Ellen Blumenthal, 8520 SW 120 Street, Miami, FL, presented the Streets Analyzed slide of the PowerPoint; 17.) Ms. Meredith Meister, 8309 SW 121 Terrace, Miami, FL, presented the Centris is a Low-Density Single-Family Community and the Abutting Single-Family Use & Centris’ Playground slides of the PowerPoint ; 18.) Ms. Beth DeCamp 8601 SW 122 Street, Miami, FL, presented the No Way to Hide this Building, Centris Will See All slides of the PowerPoint; 19.) Mr. Otto A. Gonzalez, 8675 SW 122 Street, Miami, FL, presented the Centris’ Sidewalk Goes Right Into the ALF slide of the PowerPoint; 20.) Mr. Elan Sternberg, 8309 SW 121 Terrace, Miami, FL, presented the 2015 Declaration of Restrictions slide of the PowerPoint; 21.) Ms. Cristina Pinckney, 10700 SW 82 Court, Miami, FL, presented the Traffic Congestion Strain on Local Emergency Services slide of the PowerPoint; 22.) Mr. Daniel Perez, 8285 SW 121 Terrace, Miami, FL, presented the Half-Century Old Forest Cut & Removed All for Private Ground Parking slide of the PowerPoint; 23.) Mr. Eduardo Ferrer, 8275 SW 120 Terrace, Miami, FL, with the aid of an interpreter, presented the Characteristics of the Neighborhood slide of the PowerPoint; 24.) Ms. Vanessa Contreras, 8285 SW 121 Terrace, Miami, FL, presented the Tree Top Village – CDMP2014114 Is Better At Supporting Transit Usage slide of the PowerPoint; 25.) Ms. Ruizhu Li, 8308 SW 121 Terrace, Miami, FL, presented the Li Family’s Opposition – 8308 Centris slide of the PowerPoint; 26.) Mr. Shanjie Li, 8308 SW 121st Terrace, Miami, FL, presented the Li Family’s Opposition – 8308 Centris slide of the PowerPoint; 27.) Ms. Jane Haguel, 8250 SW 115 Street, Miami, FL, presented the Current ALF Facilities slide of the PowerPoint; 28.) Mr. Augusto Lopez, 8251 SW 115 Street, Miami, FL, presented the Current ALF Facilities and ALF Projects Under Construction slides of the PowerPoint; 29.) Ms. Gladys Matos, 10840 SW 84 Avenue, Miami, FL, presented the Interpretation May Vary slide of the PowerPoint; 30.) Mr. Damian Landerio, 11275 SW 82 Avenue, Miami, FL, presented the Interpretation May Vary Slide of the PowerPoint; The following individuals appeared before the in opposition: 1.) Mr. Ian McIntyre, 8471 SW 122 Street, Miami, FL; 2.) Ms. Sammi Jones, 8460 SW 122 Street, Miami, FL; 3.) Ms. Maria Manuela Rodriguez, 10175 South Kendale Boulevard, Miami, FL; 4.) Ms. Lourdes Alvarez, 8335 SW 120 Street, Miami, FL; 5.) Mr. Ibrahim Alvarez, 8335 SW 120 Street, Miami, FL; 6.) Mr. Jose Luis Rodriguez, 10175 South Kendale Boulevard, Miami, FL; 7.) Ms. Daisy Nunez, 8401 SW 122 Street, Miami, FL; 8.) Ms. Maggie Casas, 12032 SW 82 Place, Miami, FL; 9.) Mr. Carlos Lamurtte, 8315 SW 121 Terrace, Miami FL; 10.) Mr. Mac Tichner, 8400 SW 114 Street, Miami, FL; 11.) Mr. Sergio Matos, 10840 SW 84 Avenue, Miami, FL; 12.) Mr. Steven Lee Redlich, 8500 SW 119 Street, Miami, FL; 13.) Ms. Sara Zamora, 8660 SW 113 Terrace, Miami, FL; 14.) Ms. Rosario Redlich, 8500 SW 119 Street, Miami, FL; 15.) Ms. Ashley Ravelo, 85000 SW 122 Street, Miami, FL; 16.) Ms. Victoria Stevens, 8500 SW 122 Street, Miami, FL; 17.) Ms. Myraim Martin Molin, 11705 SW 84 Avenue, Miami, FL; 18.) Mr. Chris Navarrette, 8500 SW 122 Street, Miami, FL; 19.) Mr. Benjamin Keime, 12401 SW 85 Avenue Road, Miami, FL; 20.) Mr. Jorge Luis Ensenat, 10690 SW 82 Court, Miami, FL; 21.) Mr. Miguel Angel Escudero, Jr. , 8201 SW 115 Street, Miami, FL: 22.) Ms. Francisca Almeida, 8480 SW 120 Street, Miami, FL; 23.) Mr. Charles “Chuck” Priest, 8900 SW 125 Terrace, Miami. FL; 24.) Mr. Norman Salas, 8485 SW 120 Street, Miami, FL; 25.) Ms. Marlene Mitchell, 8365 SW 112 Street, Miami, FL; 26.) Mr. James Burrows, 12430 SW 84 Avenue Road, Miami, FL; 27.) Mr. Brian Lee, 12901 SW 95 Avenue, Miami, FL; 28.) Mr. David Winker, 2222 SW 17 Street, Miami, FL; The following individuals spoke in favor of the application: 1.) Mr. Gil Roberto De La Morena, 13533 SW 113 Place Miami, FL, with the aid of an interpreter; 2.) Mr. Anesio Radillo Dias, 13936 SW 90 Avenue, Miami, FL, with the aid of an interpreter; 3.) Mr. Jose Mendez, 13918 SW 90 Avenue, Miami, FL; 4.) Mr. Anthony Maqueira, 13918 SW 90 Avenue, Miami, FL; 5.) Ms. Fausta Bonachea, 13918 SW 90 Avenue, Miami, FL; 6.) Ms. Riddhi Varunkumar Bharwad, 7 Lotus Lake Drive, Casselberry, FL; 7.) Ms. Grettel Camilo Yapul, 8287 NW 128 Street, Miami, FL, with the aid of an interpreter; 8.) Ms. Maryury Gutierrez, 9195 SW 128 Street, Miami, FL; 9.) Ms. Zoraida Reyes, 9195 SW 128 Lane, Miami, FL; 10.) Mr. Samuel Saldarriga, 14700 SW 95 Avenue, Miami, FL; 11.) Mr. Leonor Rodriguez, 1251 SW 134 Way, Miami, FL; 12.) Mr. Sergio Rodriguez Pimentel, 8287 SW 128 Street, Miami, FL; 13.) Ms. Maria Milian, 8281 NW 128 Place, Miami, FL; 14.) Ms. Yisell Morales, no address given. There being no one else registered or appearing wishing to speak, Chairman Gilbert III closed the public hearing. Senator (Sen.) Garcia voiced his concerns about losing quorum and moved to defer the application. Commissioner Cohen Higgins acknowledged Sen. Garcia’s sentiments, but noted that many residents came before the Board to voice their concerns. She emphasized that the foregoing application had been deferred twice previously, and that she would not support a deferral at today’s (3/21) meeting. Chairman Gilbert III acknowledged Sen. Garcia’s motion, but indicated that it had failed due to lack of a seconder. Ms. Melissa Tapanes Llahues, Bercow Radell Fernandez Larkin and Tapanes, PLLC, 200 S. Biscayne Boulevard, Suite 300, Miami, FL, appeared on behalf of the applicant, South Dixie and 122 LLC, and provided a brief overview of the application with the aid of a PowerPoint presentation highlighting the following: ~ The Property; ~ Future Land Use and Zoning Maps; ~ Centris by Lennar: Notice and Disclosure; ~ Setback and Line of Sight Centris; ~ Rendering View from North (Centris); ~ Concurrent CDMP and Zoning Applications; ~ Change of Circumstances; ~ SMART Plan: South Dade Transitway; ~ CDMP Policy LU – 8E: Accommodate Population; ~ Critical Need for Licensed and Quality ALFs; ~ CDMP Police LU – 8E: No Adverse Impact to Public Facilities ~ Community Outreach: Neighbor Input; ~ Plan Evaluation; ~ CDMP Covenant; and ~Rendering – North East View. Ms. Tapanes Llahues reiterated the need for an Assisted Living Facilities (ALF) within the County that would be easy accessible for all families, and urged the Board for approval of the application. Commissioner Cohen Higgins thanked her colleagues for staying to hear the presentation and acknowledged the residents' efforts in creating it. She raised concerns about the applicant's failure to mention their 2015 covenant with the County. Drawing on her familiarity with the area, she highlighted existing traffic problems near the school and cautioned that the proposed development would worsen these issues. She noted that this same applicant had previously secured a zoning change in 2015 to build townhomes, and was now attempting to construct an ALF instead. Commissioner Cohen Higgins explained that approving a mixed-use zoning change would subject the parcel to the Live Local Act, potentially allowing the applicant to later request higher density. She stated her main reservation stemmed from her belief that the applicant would continue seeking up-zoning while disregarding their prior agreement. While acknowledging the need for ALFs, she stated her objections to the application due to the applicant's failure to honor their 2015 covenant and moved to deny the application. This motion was seconded by Vice Chairman Rodriguez. In response to Commissioner Cohen Higgins, Ms. Tapanes Llahues cited changed circumstances, including the creation of the SMART Plan, Rapid Transit Zone (RTZ), and Transportation Infrastructure Improvement District (TIID). She explained that a new covenant would prevent future Live Local Act density increases and offered to change their request from Mixed-Use Corridor (MCD) request to Residential Medium Density (RMD) zoning. She highlighted their plans for a 2-3 story ALF and noted that Centris residents had signed disclosure agreements with Lennar Corporation acknowledging the development. Commissioner Hardemon and Commissioner Gonzalez sought clarification about the disclosure agreements. Ms. Tapanes Llahues explained they were signed in 2021 and were included in purchase agreements. She detailed that while the 2015 covenant allowed for 12 townhomes, the current proposal was for a 216-unit senior facility. Commissioner Higgins supported the ALF proposal, arguing that 12 townhomes was insufficient for 1.6 acres given the County's housing crisis. She emphasized the strategic importance of land use and argued denying the application would harm the County's future. Chairman Gilbert III acknowledged both sides' arguments but agreed with Commissioner Higgins. He noted that if denied, any future proposal would need to include more than 12 homes. Chairman Gilbert III announced that the Board had lost quorum. The Board recognized ACA Kerbel's service to the County, presenting him with a Proclamation. Chairman Gilbert III directed that all items be re-advertised, with this application to be heard at the April 16, 2024 BCC meeting. Commissioner Cohen Higgins explained to the residents that while public hearing had concluded, final deliberations would occur at the April meeting.
BCC - Comprehensive Development Master Plan 2/22/2024 3B Deferred 3/21/2024 P
REPORT: Assistant County Attorney Eddie Kirtley, Jr. announced that the applicant had requested to defer the foregoing applications. Ms. Melissa Tapanes Llahues, Bercow Radel Fernandez Larkin Tapanes, 200 S. Biscayne Boulevard, Miami FL, appeared on behalf of the applicant, South Dixie and 122 LLC; and requested the application be deferred to the next Comprehensive Development Master Plan (CDMP) meeting date. Commissioner Cohen Higgins clarified that the foregoing application would be deferred to the March 21, 2024 CDMP meeting. Mr. David Winker, 2222 SW 17 Street, Miami FL, appeared on behalf of the homeowners, and advised that the homeowners did not agree to a deferral of the application, as represented by Ms. Tapanes Llahues. Commissioner Cohen Higgins indicated her support for the deferral and referenced a letter dated January 18, 2024, which she received from new Centris residents requesting the item be deferred until March 2024. There being no other comments or objections, the Board by motion duly made, seconded and carried, deferred the foregoing application to the March 21, 2024 CDMP meeting.
BCC - Comprehensive Development Master Plan 1/24/2024 3B Deferred 2/22/2024 P
REPORT: Ms. Melissa Tapanes Llahues, Bercow Radel Fernandez Larkin Tapanes, 200 S. Biscayne Boulevard, Miami, appeared on behalf of the applicant, South Dixie and 122 LLC; and requested the application be deferred to the next Comprehensive Development Master Plan (CDMP) meeting date. Assistant County Attorney Dennis Kerbel announced that the foregoing application would be deferred to the February 22, 2024 CDMP meeting. There being no other comments or objections, the Board by motion duly made, seconded and carried, deferred the foregoing application to the February 22, 2024 CDMP meeting.
Board of County Commissioners 1/17/2024 To be advertised in accordance with Section 2-116.1 of the Code of Miami-Dade County BCC - Comprehensive Development Master Plan
Board of County Commissioners 1/17/2024 4I Adopted on first reading P
REPORT: County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and will be advertised in accordance with Section 2-116.1 of the Code of Miami-Dade County.
Jimmy Morales 12/19/2023 Assigned Office of Agenda Coordination 12/19/2023 12/19/2023
Office of Agenda Coordination 12/19/2023 Assigned County Attorney 1/17/2024
REPORT: RER - No sponsor - no cmte - PH @ January 24th BCC - First reading - County attorney Dennis A. Kerbel - no attachments - pgs 6
County Attorney 12/19/2023 Assigned Dennis A. Kerbel 12/22/2023
Legislative Text

TITLE
ORDINANCE RELATING TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING DISPOSITION OF APPLICATION NO. CDMP20210013, LOCATED ON THE NORTH SIDE OF SW 122 STREET ADJACENT TO THE WEST SIDE OF THE SOUTH DADE TRANSITWAY, FILED BY SOUTH DIXIE AND 122 LLC, IN THE OCTOBER 2021 CYCLE APPLICATION TO AMEND THE COUNTY�S COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, pursuant to chapter 163, Part II, Florida Statutes, the Miami-Dade Board of County Commissioners (�Board�) adopted the Miami-Dade County Comprehensive Development Master Plan (�CDMP�) in 1988; and

WHEREAS, the Board has provided procedures, codified as section 2-116.1 of the Code of Miami-Dade County, Florida, to amend, modify, add to, or change the CDMP; and

WHEREAS, Miami-Dade County's procedures reflect and comply with the procedures for adopting or amending local comprehensive plans as set forth in chapter 163, Part II, Florida Statutes, including the process for adoption of small-scale comprehensive plan amendments (�small-scale amendments�) set forth in section 163.3187, Florida Statutes; and

WHEREAS, applications to amend the CDMP may be filed with the Planning Division of the Department of Regulatory and Economic Resources (�Department�) by private parties or by the County; and

WHEREAS, Miami-Dade County's procedures classify applications as either standard or small-scale amendment applications, set forth the processes for adoption of small scale and standard amendments, and require any application seeking adoption as a small-scale amendment to clearly state such request in the application; and

WHEREAS, Miami-Dade County's procedures provide that applications may be filed for processing in the January, May, or October CDMP amendment cycles or filed at any time for out-of-cycle processing; and

WHEREAS, Miami-Dade County�s procedures also provide for the processing of CDMP amendment applications concurrently with zoning applications; and

WHEREAS, Application No. CDMP20210013 (the �Application�) was filed by a private party in the October 2021 Cycle Applications to amend the CDMP (�October 2021 CDMP Amendment Cycle�) and is contained in the document titled �October 2021 Cycle of Applications to Amend the Comprehensive Development Master Plan,� dated November 2021, and kept on file with and available upon request from the Department; and

WHEREAS, the Application is eligible and has requested adoption as a small-scale amendment; and

WHEREAS, the Application has also requested to be processed concurrently with Zoning Application No. Z2022000148; and

WHEREAS, as required by section 2-116.1, Code of Miami-Dade County, the Department issued its initial recommendation addressing the Application in a report titled �Initial Recommendation Application No. CDMP20210013 to Amend the Comprehensive Development Master Plan,� dated September 2022 and kept on file with and available upon request from the Department; and

WHEREAS, the Department�s initial recommendation addressing the Application is available in a Portable Document Format (PDF) file entitled �Initial Recommendations CDMP20210013� on the Department�s website at https://energov.miamidade.gov/EnerGov_Prod/SelfService#/home by searching for plan number �CDMP20210013,� and selecting the tab for �Attachments,� or at the following weblink to the Attachments tab: https://energov.miamidade.gov/EnerGov_Prod/SelfService#/plan/8c7bd24b-bf83-47e2-9bfc-6c1291d9b765?tab=attachments; and

WHEREAS, in accordance with the applicable County procedures, the directly impacted community council was scheduled to conduct its optional public hearing on the application, but did not have sufficient members to form a quorum to conduct the public hearing and therefore did not issue a recommendation on the Application; and

WHEREAS, the Planning Advisory Board, acting as the Local Planning Agency, has acted in accordance with the applicable State and County procedures and has conducted a public hearing and issued a recommendation for the disposition of the Application; and

WHEREAS, section 2-116.1(3)(h), requires the Board of County Commissioners to hold a public hearing within 180 calendar days after the Application filing period unless a greater time is deemed necessary by the Board of County Commissioners, or the Department Director extends the time at the applicant�s request prior to the earliest deadline for the publication of required public hearing notices; and

WHEREAS, by letters dated February 4, 2022; March 17, 2022; September 23, 2022; and April 6, 2023, the applicant requested deferrals of the Board of County Commissioners' public hearing on the Application, to facilitate coordination of the Application with the concurrent Zoning Application No. Z2022000148, and the Director approved the requested extensions; and

WHEREAS, at the public hearing conducted to address the Application, the Board can, by ordinance, take final action to adopt, adopt with change, or not adopt the requested small-scale amendment, or the Board can take action to transmit the Application to the State Land Planning Agency or other state and regional agencies (�reviewing agencies�); and

WHEREAS, the approval of an amendment to the CDMP does not assure favorable action upon any application for zoning or other land use approval but is part of the overall land use policies of the County; and

WHEREAS, this Board has conducted the public hearing required by the referenced procedures preparatory to enactment of this ordinance,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. All matters set forth in the preamble are found to be true and are hereby incorporated by reference as if set forth verbatim and adopted.

Section 2. This Board hereby desires to take action on the Application as follows:





Application Number Applicant/Representative Location and Size Requested Amendments to the CDMP Land Use Plan Map or Text Final Action
CDMP20210013 South Dixie and 122, LLC / Melissa Tapanes Llahues, Esq., Maritza Haro Salgado, Esq. / North Side of SW 122 Street adjacent to west side of the South Dade Transitway / �1.72 gross / �1.59 net acres.
Requested Amendment to the CDMP
1. Release of an existing CDMP Declaration of Restrictions recorded in Official Records Book 29644, Page 3675 of the Public Records of Miami-Dade County, Florida.
2. Add the proffered Declaration of Restrictions to the Restrictions Table in Appendix A of the CDMP Land Use Element.

Small-Scale Amendment

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected thereby.

Section 4. It is the intention of the Board, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County, Florida.

Section 5. Pursuant to section 163.3187(5)(c), Florida Statutes, the effective date of any small-scale comprehensive plan amendment approved by this ordinance shall be 31 days after adoption by the Board, if the amendment is not timely challenged. If challenged within 30 days after adoption, the challenged small-scale comprehensive plan amendment shall not become effective until a final order is issued by the State Land Planning Agency or the Administration Commission determining the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on such individual amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this individual amendment may nevertheless be made effective, subject to the imposition of sanctions pursuant to section 163.3184(8), Florida Statutes, by adoption of a resolution affirming its effective status, a copy of which resolution sh
all be filed with the Clerk of the Board and sent to the State Land Planning Agency.

Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

HEADER
Date: Agenda Item No.
To: Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Ordinance for October 2021 Cycle Application No. CDMP20210013 to Amend the Comprehensive Development Master Plan

STAFF RECOMMENDATION
The attached ordinance addresses a Comprehensive Development Master Plan private application that, under rule 5.05(b)(1) of the Board�s rules of procedure, is exempt from commissioner sponsorship. The staff analysis and fiscal impact statement for this application are discussed in a separate report that is referenced in the ordinance and that will be presented as a supplement on the CDMP meeting agenda, which, together with this ordinance, were prepared by the Department of Regulatory and Economic Resources.




______________________
Jimmy Morales
Chief Operations Officer


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