Comprehensive Development Master Plan Hearings Complete

All in all, it was a long but I believe good day for the environment and Miami-Dade County. Today the Miami-Dade County Commission heard all applications for the outside UDB applications: 5, 6, 7, 11, & 24.

In some somewhat surprising decisions, applications 6, 7, 11, and 24 did not pass. Application 5, by the City of Hialeah, did pass, and was filed as a separate ordinance.

Here is the Herald’s take on it. How they voted.

May 8 update: All notes now posted.

Also, please note that every effort has been made to be accurate, but there could be some errors. If any are found, please notify.

Application 6, in Doral, was denied 12-0. They were offering to clean up a site that most likely was highly contaminated as a result of it’s proximity to an illegal landfill (which they are required to do anyway).

Application 7, by Lowe’s in West Dade, did not pass in a surprising 8-5 vote seeking approval (nine were required). They were offering 30 acres at cost for a school, and by the end of the day additionally offered 10 additional acres for a park, later reduced those 10 acres to half-cost, and later offered those 10 acres free of charge. The decision was not overturned.  (The five no’s: Sorenson, Sosa, Gimenez, Heyman, Moss)

Application 11, in Kendall, did not pass in another surprising vote, 7-6. They were offering to build a road to supposedly alleviate traffic problems in the area. (I’m sorry to say I missed the final vote and do not have the names. I believe at least these people said no: Sorenson, Gimenez, Souto, Sosa…)

Application 24, in Homestead, near the hospital. Denied: 9-4. They discussed space for medical office buildings. Sorenson put a motion to deny, Jordan, Seijas, Bairrera, Diaz against.

Application 5, in Hialeah, on the site of the Pierless Landfill, was approved and passed as it’s own ordinance in a 12-1 vote. This is being requested by the City of Hialeah who seems to really want to improve this area.

Overall, as I mentioned above, the applicants were offering many things that made the community and the commissioners interested in the project. They wanted approval in order to get the schools, the roads, the clean-up. But the right number of commissioners voted that we can not approve these projects just for the "carrots" being offered, as they should be done anyway.

Please note that I just put the most basic info in right now, and tomorrow my full notes will be updated.

Additionally, I would like to say that I was personally offended by Commissioner Seijas to be grouped together along with people that do not represent what I represent. I too am a person of integrity and do not believe you can say you respect everyone, while making gross generalizations such as the ones she made tonight. I will embellish more tomorrow.

UPDATED 4/20 with notes from 4/19:

9:56 am: Front rows that were full yesterday will green shirts are now very empty. A lot of people returned today with "Neighbors Supporting Lowe’s" buttons.

9:58 am: Roll call. 6 members present. (Meeting was to start at 9:30am.)

10:05 am: Roll call. 10 members present. Meeting begins.

We go right into application 6. Application by Doral West Commerce Park, LLC. Location: West of Turnpike & East of NW 122 Ave, approx. theoretical NW 22 St.

Staff believes that to expand would be premature.

Developer’s Lawyer’s comments: Developer pledges water reuse, green roofs, etc. States that this is the right project, at the right place. UDB is located 1.5 miles west of this application., and there is development all around. The site is located next to an illegal landfill. 400,000 cubic yards of waste, 1.2 billion pounds of illegal waste (Beacon Lakes). Hazardous waste in soil/groundwater. Need revenue to address these issues. Client wants to investigate what is on the site, create a remediation plan, and execute the remediation plan. Site doesn’t qualify for "aquifer recharge" because rainwater in this area would cause leeching of toxins into the groundwater. If approval doesn’t go forward, then remediation will not go forward.

Commissioner Sorenson interrupts the presentation to clarify with DERM. DERM: We do not have a record that this was a landfill. DERM looked at records and this wasn’t an issue previously. DERM didn’t go to investigate the site.

Sorenson: Our code says that you have to clean up the pollution. Not that in order to clean up pollution, you can extend the UDB.

Chairman Martinez says that all of this information was given to us in the November hearings. Why hasn’t anything been done to investigate from November until now? DERM does not have a good answer. There is some discussion about the fact that DERM is under resourced.

Attorney now states that there is no proof that this contamination exists on his client’s site, they were just using knowledge from the Beacon project. My opinion: The beginning of the presentation eluded to the fact that these photos of waste we were seeing, and the statistics that were being given, were on the site in question. However, now the lawyer is clear to state that they are just assuming. A little tricky in my opinion.

Attorney: If the county decides to take enforcement-first for this property instead of incentive-first, my client will spend a lot of time and money in litigation to fight it. My opinion: This was an outright threat that stated, if you don’t approve my project and try to make me clean it up, I will take up your time and resources fighting it.

Begin comments from the public on application 6, many of which were general UDB comments:

• ?, I propose a referendum to cities within Miami-Dade County to increase density. South Miami sits on US 1 and has a 4 story limit.
• John Van Leer, moving UDB goes against Florida Forever/Everglades Forever. Water levels rising, future hurricanes more severe…recommend 2 books: Weather Makers, & The Everglades, an Environmental History.
• Cynthia Guerra, enough land until 2022. DERM doesn’t have enough resources to follow up on all violations.
• Alan Ferago (sp?), What if a farmer said I have a lot of pesticide pollution on my land…I have a developer this will pay to clean it up?
• Diane Marmenstein, If you build it, they will come, if you don’t, they won’t. Wants to support local produce, and suggests to the commission to ban or tax foreign produce.
• Kathy Hollis, (I don’t have many notes on her speech, but it was eloquent and just what I wanted to say.)
• Santiago Leon, recommend a book, Urban Sprawl & Public Health. Looking at health side of urban density, such as obesity, exercise, etc.
• Mayor Slayton, Miami Lakes, ML passed a resolution against development past the UDB over a year ago.

Close public hearing, commissioners discuss. Valido landfill is adjacent to this site. DERM estimates that it will cost $200K-300K to clean it up. The land is the hole in a donut with development all around. Diaz, moves to deny at this time, and wants to later move the UDB to remove the donut in the near future.

Gimenez supports denial because approval keeps speculation going. Sorenson supports denial because it is spot planning. Expects DERM involvement and clean-up immediately.

Souto, felt inspection process was tainted and that is why he is against – not because of Hold the Line (HTL) because you can not draw lines. Must look at issues individually. Regional planning. These people live in "lala land". "I’m for protecting the Everglades, but I’m for people living, too." My district has mini-urban forests adopted by schools in the district.

Seijas to Coffery – What does DERM need to do to enter private property? There is a process…

Edmonson – this is a well field (wetlands?) with a dump on top of it. Get it clean immediately. Would like a report from DERM.

General discussion: A lot of parts of town, Diaz, Sejias, and 3 other districts have huge illegal dumping problems. A lot of education is needed.

Jordan: I have a report of 90 hot spots in MD county, hoping to secure cameras to rotate around these hot spots.

Diaz wants to waive the reapplication fee. Withdrawn. Deny 12-0.

Update 4/25 with notes from 4/19

Application 7. Lowe’s. Land for this use available until 2025. Lowe’s was offering 30 acres for a school. One of the big issues was the language of this promise, which was amended before the hearing begun. The 30 acres would be used only for a school. Lowe’s is offering to sell the 30 acres at cost, and will pay for infrastructure for the school – roads, water. Lowe’s asks supporters in the audience to stand – about 30 people from the neighborhood stand, as well as another 30 that are here supporting another issue, but also support this one.

They promise water reuse, water conservation. The rainwater will be collected from the roof and a/c system to be used in the Garden Center & store. Lowe’s conducted their own poll, and 80% (and then 94%) are in favor of the store.

Commenters For Lowe’s:

Martha Garcia: Lives in SW part of town. This store will keep people in their area, with will reduce traffic in other areas. Hurricane supplies necessary.

?, Schools…we need a school close

Mario Ollos (sp?), Schools, generators, supplies

Diego (w/translator), want to have our children work closer to home so that they can see their families more.

? (w/translator), better quality of life

Donald, nurseryman/landowner. Competition will bring prices down. Put responsibility on developers to implement conservation, water treatment.

Commenters Against Lowe’s:

?, mentions, in reference to the last application, that GPS tracking system could be placed on all vehicles that dump, know when they are dumping…in lieu of the cameras previously mentioned.

Cynthia Guerra, Tropical Audubon Society, Application has done a good job at outreach, but did they tell residents that they have 16 acres  that could have developed 2 years ago?

?, Build up

Sara Feign, NPCA, we would be left without buffer land between the city and the Everglades

?, This would create another hole in the donut – need to look at moving the line overall, not piecemeal.

?, accuses lawyer of paying the residents to support the project (this causes quite a stir).

Erica, Alliance for Reliable Transport, check Green Building Council. Putting a traffic generator such as a school at the most western part of the city is not reasonable. (I think this was a terrific point.)

Nancy Lee, talk about money, prices paid, prices moving up. (Brought a visual map)

Mario Ollos (for), all of these people against Lowe’s are from other parts of town. No one from this area. Live our life.

Lowe’s rebuttal, to put a store on the current site, it’s too narrow, would cause traffic problems, etc.

Gimenez: leaning towards no. Sorenson: was in New York City and saw a Home Depot 6 stories high. The last application said, "If you move the line, we’ll clean this," this application "If you move the line, we’ll give you a school." We can have a win-win, build a Lowe’s on the 16 acres and save the wetlands.

Heyman: believe in Lowe’s effort. But crossing the line is not necessary. Sosa: Can not support because you have an alternative.

Diaz: We’re lacking in High Schools. Other sites are not quality sites. This is Urban Expansion area. You could build 5 acre homes, cemeteries, rock quarries. Diaz really wants this for the school.

Diaz motions for approval, Seijas seconds. Edmonson: Miami Gardens Lowes is on 13.3 acres. Lowe’s: That is because that location has no water retention regulations. Seijas: They have 2000 signatures.

Souto: If the schools don’t use it, would you give it to the Parks? Lowe’s: At cost, yes. Martinez: maybe this is another site for the Marlins. Jordan: I’m impressed by the turnout of the community. Supporting the residents. Rolle: Agree with Jordan. Gimenez: School Board not here to support. Edmonson: Support.

Moss never commented. Voted no. Surprised everyone. Now there is a big confusion about a technical manner of continuing. This is all one ordinance, each item can be separated out, but then they could be vetoed separately.  Preliminary votes don’t require 9 votes, but that can be changed. Lots of drama. The entire commission is confused. I believe that the decision was that if it didn’t get nine votes, it would not go to the final ordinance. 8-5. Does not pass.

Application 11 – Kendall. Will change covenant to include no residential. Brought about 30 residents in favor of the project, around 30 people. Land located within Urban Expansion Area (UEA). For some time during this presentation, many commissioners were not present.

Comments FOR:

Patricia Shannon Davis: Took 3 days of vacation from work to attend these meetings. Social worker. Lot of traffic. Wants the road the developers are offering.

Commenter: Traffic.

Comments AGAINST:

John Wade: Lose water, no recharge. Florida Right to Farm. Covenants are easy to change (this was later corrected by county – if covenant is made in a CDMP, it can only be changed through another CDMP). Farmers can sell their land. Once the UDB is moved, no new agriculture is allowed. (This is an important fact.)

Jamie (Audubon): because Comprehensive Plan, don’t look at individual applications, make a plan overall. Good urban infill happens when you disincentivize sprawl. (I also liked this point.)

Diane M.: Preserve agricultural land

Millie Herrera: Covenants can be changed. (County lawyer: not true, Master Plan covenants can only be changed with another Master Plan vote.) Kendall is unbearable to live in.

Ronald, Pres. Student Council Association: (I don’t have good notes on what he said, but he was a great speaker.)

REBUTTAL: not viable agricultural land. Between Kendall Drive & residential. Probably only being farmed for tax purposes.

Martinez: Support. Gimenez: road isn’t reason enough to approve. Sorenson: can not support. Jordan: support, 2018 w/500 acres, but there was an error in coding and they "lost" 200 acres. (The absorption rate was later corrected to 2015.) Sejias: support. Does not pass: 7-6.

My side notes: Hold the Line campaign is being poorly received by the commissioners. Too much of "Hold the Line, I don’t care about the circumstances." Basically these developers offer up "carrots" to the county and the reason the commissioners & residents want the projects are for these carrots.

Application 24 – Homestead, near the hospital. Neighborhood based health services.

Comments against:

Sara, NPCA: Will eliminate the buffer area.

Grad student, doing thesis on similar topic: Miami-Dade is a textbook example of a green-belt. You are not containing growth by the UDB line, but you are contained by the Everglades & Miccosokee. What if Central Park wasn’t set aside in NYC when it was? Please have a plan.

Moss: will vote no. Does not think the line is hard fast, but needs to be moved in a comprehensive manner. Sorenson: spoke with Baptist Hospital and they have 50+ acres set aside for these types of medical services. Motion to deny: Jordan, Seijas, Barriera, Diaz against (the denial). Motion passes, application denied.

My notes: at this point the closed captioning was removed from one of the screens inside. That was helping me follow this complex discussion. It never returned.

Application 5 – Hialeah. Department generally supports but is concerned with levels of service. High water consumption. This is the site of Pierless landfill. Mayor of City of Hialeah: would have been inside the UDB before, but it was being operated as a dump & couldn’t be inside. Create jobs, eliminate landfill.

Comments FOR:

?: in support of Graham companies

Former Mayor: Ethics in journalism. Newspapers are feeding venom. One of the biggest polluters is funding the Hold the Line campaign (I’ve been trying to find out what was meant by this, but have had no luck). Collecting signatures under false pretenses. Where were the environmentalists when the dump applications were put through in Hialeah (without telling the City of Hialeah, staffers found it in the paper).

Comments AGAINST:

?: Miami Beach is the densest area south of New York City. Chicago is "green", temporary gardens in open spaces – even contaminated sites.

Diana Marmerstein: vegan, local food, reduce, reuse, recycle.

Mike P: Councilman, town of Miami Lakes. 8G & H states that you can not pass this unless you find a compelling need.

Rosenbaum: I am for Holding the Line, but if you pass, add these restrictions. (not noted)

Because this is a city application, covenants don’t apply as do with private applicants.

County Manager changes staff recommendation to Approval. Dump holds construction materials. States that Hialeah has worked very hard on this.

Reverse osmosis – water coming from Florida aquifer (which is brackish water).

Diaz, Seijas, Souto, Sosa, Heyman, Moss, Martinez state they are in support of the application. Sorenson is not. Moss: I don’t want a competitive disadvantage from Broward. Passes as ordinance 1a: 12-1.

FINAL VOTE

Right before the final vote for the day (all previous votes expect for Application 5 were straw votes), the Lowe’s lawyer returns with his client. Additional 10 acres concession for a park, in addition to the 30 acres for the school. Later offered the 10 acres at half price, and later free. Deal not accepted.

Ordinance passes 13-0, summing up all of the previous votes from these 2 days of meetings.