Part III - 06-11-2024 Town of Miami Lakes Council Meeting Review

06-11-2024 Council Meeting Video Recording, click below

https://www.youtube.com/watch?v=DYSdIqxaLS0&t=10252s

02:51:43 Item 13 C moved by Councilman Luis Collazo who reopens the order of Business to accommodate those waiting their turn...

Memo:

Recommendation:

Staff recommends to consider whether to revert the Senior Village Property to its prior Future land Use and Zoning designations. The property was rezoned to RM-36 in 2017 to accommodate the residential portion of the Senior Village Project which has failed to progress permitting.

Exhibit ‘A’ - from the Industrial and Office Category, to the medium-high density residential category. (Rey)

Ordinance No. 17-206

https://www.miamilakes-fl.gov/index.php?option=com_docman&view=download&alias=4261-ordinance-17-206&category_slug=2017-2&Itemid=287

Section 13-307 of the Code, Town of Miami Lakes

Subsection 13-307 (b)

03-21-2017: Planning & Zoning Agenda

https://pub-miamilakes.escribemeetings.com/Meeting.aspx?Id=7ef1c9dd-e49d-47a2-b7c8-44d3347b512c&Agenda=Agenda&lang=English

Video: https://pub-miamilakes.escribemeetings.com/Players/ISIStandAlonePlayer.aspx?ClientId=miamilakes&FileName=legacy_vod%2F03212017-2070.mp4

Ordinance 17-207 Senior Village

https://www.miamilakes-fl.gov/index.php?option=com_docman&view=download&alias=4262-ordinance-17-207&category_slug=2017-2&Itemid=287

‘On 06-06-2017, after conducting a properly noticed quasi-judicial public hearing and considering the recommendations of the public, the Local Planning Agency, and the Administrative official, the Town Council finds it in the public interest to adopt the proposed amendment to the Official Zoning Map.

• The Miami Laker Article: Proposed Senior Village gets preliminary approval, Wednesday, 05-03-2017: https://miamilaker.com/Community/proposed-senior-village-gets-preliminary-approval
• At its April 18 regular meeting, the Miami Lakes Town Council unanimously approved The Graham Companies’ request to amend the Town’s Land Use Map to make way for a large senior residential community on the west side of town.?The area, located west of Commerce Way and at the intersection of N.W. 146 Street, was preliminarily rezoned from industrial use to residential multi-family medium density for the 220-unit Senior Village on 19.5 acres of property.
• In addition, an assisted living facility, a nursing facility and a dedicated senior community center are included in the second phase of the plan.
• The project is a partnership with Miami Jewish Health Systems.?
• Some residents, including retired U.S. Senator Bob Graham and Miami Lakes’ first mayor Wayne Slaton, supported the Senior Village residential community, indicating the project meets the growing population of senior citizens in Miami Lakes. Others opposed the plan calling the project an overdevelopment which may bring in more traffic. ?
• Luis Martinez, senior vice president of The Graham Companies, has been working tirelessly for years to bring a senior citizen residential community to Miami Lakes.?“We believe in this project because it would bring so much value to the community,” he told council members.?
• For traffic concerns, the Senior Village project will benefit from several proposed transportation improvement in residential areas with the reconfiguration of the intersection between the Palmetto Expressway and Miami Lakes Drive that includes widening of Miami Lakes Drive from N.W. 79 Avenue to the Palmetto Expressway; direct ramp to access I-75; east-west underpass across the Palmetto Expressway at N.W. 146 Street and also at N.W. 160 Street.?The Senior Village is welcomed by most residents who quipped they are aging and may benefit from the development.?
• Leslie Leinbein gave an emotional speech in support of the Senior Village. She said her husband of more than 40 years and her law partner, started developing signs of Alzheimer’s Disease, and some residents found him wondering around town and returned him home. “That’s when I knew I had to place in him an ALF,” Leinbein said as she fought back tears. “But the ALF is far away because we couldn’t find one nearby. If an ALF was in Miami Lakes, I could visit him everyday and take care of him.” ?
• Abel Fernandez, a Miami-Dade Fire Rescue Battalion Chief, said he doesn’t mind the Senior Village but the town should delay the development project until the town’s traffic problem is resolved.“I’m not opposed to the development, but not at this time,” he said.

Background:

06-06-2017 Agenda / Video:

https://pub-miamilakes.escribemeetings.com/Meeting.aspx?Id=9947c3d6-232d-45df-8bc9-ea17370c20ef&Agenda=Agenda&lang=English

Video: https://pub-miamilakes.escribemeetings.com/Players/ISIStandAlonePlayer.aspx?ClientId=miamilakes&FileName=legacy_vod%2F06062017-2105.mp4

52:15: On the dial: Ordinances- 2nd Reading - Public Hearing:

Item 11A 56:46 on the dial, public is sworn in

57:06: Darby starts with Item 11 A

On June 6, 2017, the Town Council adopted Ordinance No. 17-206 redesignating a 9.445 +/-acre property located on the West side of Commerce Way and NW 146th Street from Industrial Office to Medium-High Residential (36 units to the Acre) in order to allow for the residential component of the development of the “Senior Village”. The Senior Village project encompassed a 62+ residential area, an ALF and Skilled Nursing Facility, and a Senior Center, all of which were intended to function as a complex.

At the same hearing, on June 6, 2017, the Town Council adopted Ordinance No. 17-207 rezoning the property from IU-C (Industrial Use Conditional) to RM-36 (Residential Multifamily 36 units to the Acre), As well as Resolution 17-1457 approving the siteplan, variances and conditional use for the ALF and Skilled Nursing Facility to be operated by Miami Jewish Health Systems, and Resolution 17-1455 approving the siteplan for the 220-unit residential area.

The conditions of approval of the ordinances stipulated that permits for the residential portion and the ALF and Skilled Nursing Facility portion of the complex should be obtained within two (2) years of approval, and that construction should occur within five (5) years. Failure to achieve permits or Certificate of Occupancy for both the residential and ALF and Skilled Nursing Facility would require the Town to consider re-designation to prior Industrial Office and IU-C designations.

• December 10th, 2019: Regular Council Meeting Agenda: https://pub-miamilakes.escribemeetings.com/Meeting.aspx?Id=f41e7031-a4bd-4d60-bf2a-bbdbe871cae0&Agenda=Agenda&lang=English
• Item 12. A. Senior Village: A Resolution of the Town Council pertaining to a request per Section 13-304, Land Development Code... to amend site plan approval for Property located at Commerce Way & N.W. 146th Street Folio No. 32-2022-008-0010 [Why are the attachments no longer part of the file?]
• Meeting Video starts @ Developer of the Project wanted to recuse themselves because of a contribution received from the developer, Ethics Commission opined no recusal was necessary.

https://pub-miamilakes.escribemeetings.com/Players/ISIStandAlonePlayer.aspx?Id=f41e7031-a4bd-4d60-bf2a-bbdbe871cae0

@ 02:00:14 Graham Companies Luis Martinez presents the project plans...

On December 10, 2019, the Town Council adopted Resolution No. 19-1650 removing Miami Jewish Health Systems from the language of the approvals in order to allow for different operators for the ALF and Skilled Nursing Facility.

On November 29, 2021 the Town Council adopted Resolution No. 21-1797 approving the siteplan, variances and conditional use for the ALF and Skilled Nursing Facility to be operated by DOS of Hialeah. Since that time, DOS of Hialeah has ceased its pursuit of permits for this project.

Attachments: Resolution

Proposed Resolution:

https://pub-miamilakes.escribemeetings.com/filestream.ashx?DocumentId=26913

RESOLUTION NO. 24 - __________

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MIAMI LAKES, FLORIDA, CONSIDERING THE FUTURE LAND USE MAP AMENDMENT AND REZONING OF CERTAIN REAL PROPERTY WITH FOLIO NUMBER 32-2022-068-0010, LOCATED AT 14650 OAK LN, MIAMI LAKES, FLORIDA 33016, FROM MULTI-FAMILY RESIDENTIAL, RM-36 TO INDUSTRIAL-OFFICE, IU-C; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on June 6, 2017, the Town Council adopted Ordinance No. 17-206 (attached), which allowed for an amendment to the Town of Miami Lakes ( the “Town”) Future Land Use Map (FLUM) to allow for the rezoning of a 9.445 +/-acre property located on the West side of Commerce Way and NW 146th Street, Miami Lakes, Florida (the "Property"), IU-C (Industrial Use Conditional) to RM-36 (Residential Multifamily 36 units to the Acre) in order to allow for the residential component of the development of the complex known as “The Senior Village.”

WHEREAS, on June 6, 2017, the Town Council adopted Ordinance No. 17-207 (attached) rezoning the Senior Village from an IU-C (Industrial Use Conditional) to a RM-36 (Residential Multifamily 36 units to the Acre); and

WHEREAS, conditions of approval of Ordinance No. 17-206 and 17-207 stipulated that permits for the residential portion and the ALF and Skilled Nursing Facility portion of the complex should be obtained within two (2) years of approval, and that construction should occur within five (5) years; and

WHEREAS, failure to achieve permits or Certificate of Occupancy for both the Residential and the ALF and Skilled Nursing Facility would require the Town to consider re-designation to prior Industrial Office and IU-C designations. WHEREAS, the Senior Village project has failed to progress to permitting; and WHEREAS, after deliberation and careful consideration the Town Council has decided to (1. Allow the property’s Future Land Use and zoning to remain RM-36, 2. Revert the property back to IU-C).

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MIAMI LAKES, FLORIDA, AS FOLLOWS:

Section 1. Recitals. The foregoing Recitals are true and correct and incorporated herein by this reference.

Section 2. Future Land Use and Zoning. After deliberation and careful consideration regarding the Future Land Use amendment and rezoning of certain 9.445 +/-acre property located on the West side of Commerce Way and NW 146th Street, Miami Lakes, Florida as described in Ordinance 17-206 and 17-207, from Multifamily Residential, RM-36 to Industrial Office, IU-C, the Town Council has decided to (1. Allow the property’s Future Land Use and zoning to remain Multifamily Residential, RM-36, 2. Revert the property back to Industrial Office, IU-C). If the property reverts to Industrial Office, IU-C two separate Ordinances will be necessary.

Section 3. Effective Date. This Resolution shall take effect immediately upon adoption.

Page 3 of 3 Resolution No.

Passed and adopted this ___ day of ______ 2024.

The foregoing resolution was offered by ______________who moved its adoption. The motion was seconded by _____________ and upon being put to a vote, the vote was as follows:

Mayor Manny Cid ____

Vice Mayor Tony Fernandez ____

Councilmember Luis E. Collazo ____

Councilmember Josh Dieguez ____

Councilmember Ray Garcia ____

Councilmember Bryan Morera ____

Councilmember Marilyn Ruano ____

Attest: Manny Cid MAYOR

Gina M. Inguanzo TOWN CLERK

Approved as to form and legal sufficiency:

Lorenzo Cobiella

Gastesi, Lopez and Mestre, PLLC

DEPUTY TOWN ATTORNEY

02:25:56 Deputy Town Attorney Lorenzo Cobiella explains

Before the Council is the consideration as to whether to rezone to the original designation or continue with Residential... Next, Town of Miami Lakes Planner

Planning

Overview

The Planning Department provides comprehensive planning, development, and design services to ensure that Miami Lakes remains a vibrant, growing community that preserves a sense of place and conserves its character. As part of its role, the Planning Department is here to process the development of Miami Lakes neighborhoods, commercial and industrial districts, as well as prepare plans and regulatory tools to ensure Miami Lakes’ growth and development. Additionally, the Planning Department gathers, updates, and analyzes demographic, environmental, transportation, and infrastructure data to help the Town prepare and plan for the future. https://www.miamilakes-fl.gov/departments/planning/

Susana Alonso P 305-364-6100 Ext 1102 Email: [email protected]

Promises Made / Promises Broken

December 2019 Message from Councilman Joshua Dieguez

Hello everyone,

I wanted to take a moment to further explain my position in favor of the Senior Village Project last night.

First, I want to go over what did not change from the prior approval given in 2017:

• No changes were made to the age restrictions imposed on the senior housing component in 2017;
• No additional units were added to the existing senior housing component approval, which is 120 less than the maximum permitted on the site;
• No changes were made to the building heights of the senior housing component, which is four stories and in line with the surrounding area;
• The Grahams are still responsible for paying impact fees;
• The Grahams continue to be responsible for providing 1.3 acres of land for the long promised Senior Community Center (to be owned and operated by the Town) with full access to the senior housing component's amenities; and
• The Grahams also continue to be responsible for construction of the Senior Community Center itself.

Second, I want to discuss what did change from the prior approval given in 2017:

• The Grahams will act as the Town’s contractor to build out the interior of the Senior Center at their labor and materials cost (no profit to them);
• The Grahams will add an additional 500 square feet to the Senior Community Center so that it now totals 6,500 square feet;
• The Grahams’ are agreeing to record restrictions that, for 60 years, restrict development of a 4 acre parcel on the project site to a facility that will offer senior care services;
• In the event an operator for the 4 acre parcel does not materialize in the next few years, the Grahams have agreed to utilize it as a park until and if such time as an operator comes along during the life of the 60 year restriction;
• The original conditions were tied to a specific prior operator for the four acre parcel and that was modified to be more generic and give the Grahams flexibility to seek out other providers;
• The original conditions presented an obstacle to financing for the Senior Village and locating a partner for the 4 acre parcel so that was modified so that they do not have to occur concurrently;
• The Council will need to approve any new operator of the 4 acre senior care facility parcel.

Therefore, in my mind, this made the most sense for our Town’s best interest with respect to a project that was already approved in 2017.

We achieved a long held policy objective of bringing a world class Senior Community Center to the Town of Miami Lakes, secured a development that will serve the needs of our aging seniors for years to come, tie up the land in a manner that will not maximize density and intensity of use (aka less traffic and semi-trucks compared to the alternative), and the developer remains on the hook for payment of impact fees and provision of the senior center.

It may be that the Town could have secured an additional concession or two, but that approach also carries risk. If the “coupling” condition was left alone and as a result the Grahams did not locate or decided not to continue locating an operator for the senior care facility parcel, then all 9 acres of land would revert back to the industrial zoning classification by the end of 2023. According to the testimony of our Senior Planner, who has over 15 years of experience in this field, that classification would have resulted in more vehicle trips in that area than the senior housing component of the project. What’s more, even if no operator is ever found or approved by the Council, then we basically managed to secure 5 out of 9 acres of land for uses that unquestionably result in less trips and therefore less traffic than warehouses or offices. Further, the vested rights the Grahams have on that land would not expire until approximately October of next year and they can be extended, cumulatively, by six months for every emergency declaration called by the Governor in any part of the State, whether for Zika, hurricanes, red tide, or even the opioid crisis. In other words, if just two declarations of emergency are made next year, the Grahams would be entitled by Florida Law to an additional year of vested rights and non-payment of mobility fees.

The Town has been diligently working, for at least two years, to stop this ridiculous loophole in state law, but unfortunately, we have not been able to get much traction to change this quirk in the law.

I understand that not everyone will agree with my decision and that is your right to do so. But I have always believed it is my duty to thoroughly explain my position to you and then let you evaluate my decision-making process and its result for yourselves.

Yours in service, Josh Dieguez, Council Member

Miami Lakers discuss these issues:

Susana Herrera Josh Dieguez thank you for the detailed explanation.

That being said, one of the items that came to light was the “proposed” covenant of 60 years offered by The Graham’s that would detail the terms of said covenant. When asked to produce the covenant document, Council was advised that it had not yet been drafted. At that point, a question was directed to the Town attorney asking if this item could be voted without a review of the covenant documents, and he indicated that it could if the terms of the approval indicated these would be contingent on review and acceptance of the covenant. If the Town disagrees, then the approval would be retracted and the item would return back to the Town.

Also during this process, both the P&Z Sr Planner and the Town attorney were asked if they had time to review the proposed covenant agreement, and BOTH of them went on the record stating that there was nothing in place and they would need more TIME to review terms in order to properly advise Council. That should have been enough for Council to table this matter.

One of our sitting council member has championed elderly affairs in our community for 24 years. More personal and hands on experienced than any other member of this Council, and he was asking the right questions. The Graham’s did not care to negotiate because somehow they walked in assuming this was a done deal.

It should not have been a done deal, and we should have have given the time that Town staff was requesting to properly prepare a fair agreement. The nursing and ALF facility was a critical element to this package.

All of the points you brought above are valid, but there was neither enough information or time requirement to move it forward last night.

Why the rush!?

The Town’s legal counsel and Sr. Planner asked for time, and the Council voted against them. That is a very dangerous precedent to set.

Again, we thank you for the clarification and willingness to engage in positive conversation. I truly appreciate it.

Mirtha Mendez "The 48 hour rule - Any item which does not appear on a lawfully-noticed public agenda may NOT be deliberated nor acted upon." Thank you Josh Dieguez for your explanation.

I am in total agreement with Susana Herrera. The proposed covenant proffered by the Grahams was waiting for you on the dais on 12/10/19 and never made available to the public.

Did you have enough time to review what was being proposed?

Did you get to read it?

This item should have been tabled before the discussion started.

All of the Council members who voted for this did a disservice to the community by not analyzing what was being proposed.

In other words, you did not perform the job you were elected to do.

I am so disappointed!!!

Josh Dieguez Mirtha Mendez I plan to re-watch the meeting and then respond to Susana Herrera because I want to give accurate responses. With respect to your comments, I understand you are disappointed but I read the covenant before the meeting.

It’s part of the reason I was at Town Hall all day following my annual ethics and Sunshine Law training and why I was not there for presentations. I also asked the attorney if they felt comfortable enough with it to render an opinion and Mr. Gastesi indicated that was the case and that he saw no problems with it.

I’ll go back into the tape in case I misunderstood.

Mirtha Mendez Did you get the required 48 hours?

Susana Herrera Josh Dieguez feel free to cue the tape to 2:19:36. Open to continued conversations.

Josh Dieguez Susana Herrera Thank you, Susana. I will take a look at it.

Susana Herrera Josh Dieguez cue tape to 3:56 where Nelson Rodriguez inquires on whether they should vote on dismantling 3 components without agreement to covenant terms. Response is it can move forward conditioned to review of the terms. Not only is it not efficient, it violates every principle I’ve been taught about review and approval process related to contractual practices. It should have been tabled. There was no rush. Also, I look forward to hearing your response to Mirtha Mendez inquiry regarding timely receipt of covenant by Council. Have a wonderful day.

Esperanza Amelia Rodriguez Diaz Councilman Josh Dieguez

First thank you for your thoughtful response.

Your end of year write up reveals a rather methodical approach to decision making and we sincerely appreciate you taking the time to provide bullet point details of what has NOT changed vs. what has changed, it puts the project into perspective. Let's ask:

1. Are there projected costs on construction of the Senior Center?
2. Projected costs on the maintenance of the Senior Community Center?
3. As a fiscal conservative, we were challenged during a debate to consider the costs this will bring to Town of Miami Lakes and it would be interesting to know what this represents. We have a Youth Center built before the Senior Center even though that was the oldest promise and many are criticizing that the Youth Center caters to future voters while Seniors are already set in their ways, but we try to convince everyone that the fact that -for whatever reason- actually not sure why- we were supposed to receive $300,000 from Lowell Dunn to build a Senior Center after the opening of 87th Avenue and that has not happened, so we are rather thankful The Graham Companies came in to fill the void of our most vulnerable constituents who look forward to aging in place in our homes. We rather have the Grahams deal because they are building the facility, doing the interior at cost, and then turning it over to Town of Miami Lakes for Administration, and that is much better than $300,000 in the hands of a local government with many needs / requirements and not much experience in construction.
4. Again thank you for your write up and would appreciate your answering these concerns. Merry Christmas!!!

From: Michael Horgan

Subject: SENIOR VILLAGE APPROVED BY TOWN OF Miami Lakes COUNCIL

Date: December 12, 2019 at 10:13:09 AM EST

To: Hope Reynolds

Hi Hope,

I think the senior village is great and necessary.? Hopefully, the politicians in Miami Lakes don’t turn it into an absentee ballot farm like in Hialeah.? That would be something good to bring up to try and prevent during the planning phase of it.

Take care and keep up the good work,

Mike Horgan

That Train has left the stage... We are done... Luis Martinez, Graham Companies 06-11-2024. We are done, we have beaten that horse for a very long time! No hypotheticals, we are done, I am being honest with you... 03:08 on the dial!