Town Council - Regular Meeting
The Cutler Bay Town Council held a meeting on February 18, 2026, featuring presentations on Miami-Dade Fire Rescue, the Legacy Park project, and Frangio Road improvements, alongside public comments regarding the potential closure of the Cutler Ridge Pool.
About this meeting
- Government Body
- Town Council
- Meeting Type
- Town Council
- Location
- Cutler Bay, FL
- Meeting Date
- February 18, 2026
Transcript
143 sections
say february 18th 2026 we have two meetings back to back first being our local planning agency meeting followed immediately by our council meeting uh mr kirk if you could please uh take the roll call council member lord here council member duncan here council member ramirez here vice mayor callahan here mayor but present we have a quorum if you could all rise and join me for the vice village All right, everyone. Thank you. As I said, we're first going to start off with our local planning meeting. So before we started, Mr. Clark, if you could please read the directions for calling in for both meetings.
Please be advised that when joining the meeting, you are automatically muted. Welcome to tonight's meeting. The public was able to make public comments prior to the meeting, either by leaving a voicemail message or sending an email to the town clerk. The clerk's office did not receive any voicemails or email public comments for this evening. If you wish to speak tonight, please press star nine and the host will be alerted. Pressing star nine is known as raising your hand. Once you press star nine, you will be placed in a queue to speak and will be called upon by your name or the last three digits of your telephone number. Please wait to be called upon. please state your name and address if you are a hired consultant or town employee and or if you are engaged in lobbying activities and or representing an organization please provide that information before speaking please be sure to be in a quiet area to avoid unnecessary noise a time limit of three minutes will be imposed for each speaker during public comments all right thank you very much all right we have two items on the lpa i don't know the first one is uh item 2a if you could read the item for me please clerk An ordinance of the Mayor and the Town Council of the Town of Cutler Bay, Florida approving a small-scale amendment to the Town's Growth Management Plan by amending the Future Land Use Map for properties located at 20150 and 20160 Old Cutler Road Folio numbers 36-6009-003-0240 and 36-6009-003-0250 from mixed use and low density to medium density residential, providing for conflicts, providing for severability, and providing for an effective date.
Mr. Bama, can we take these both items up together or do we have to do them separately?
And since you're, this is just a formality, you can take them together.
Okay. Can you read the 2nd item for me? Please.
An ordinance of the mayor, the town council, the title cutler Bay, Florida, approving the request by investments LLC for a rezoning of the approximately 0.32 acre properties located at 2 0, 1, 5, 0, and 2 0, 1, 6, 0, old cutler road. FOLIO NUMBERS 36-6009-003-0240 AND 36-6009-003-0250 FROM NEIGHBORHOOD CENTER 1 NC 1 DISTRICT TO MULTIFAMILY RESIDENTIAL MR 13 DISTRICT PROVIDING FOR VIOLATIONS PROVIDING FOR RECORDING AND PROVIDING FOR AN EFFECTIVE DATE THANK YOU VERY MUCH RALPH SIR
Thank you members of council. If you'd like, we could go ahead and make the presentation now during the LPA, or if you want to transfer it over to the main.
We will go ahead and transfer it over with the council's agreement. We'll transfer this over to the main meeting.
Do we need a motion?
Yeah, we just need a motion and a second.
I motion to move it.
All right.
We have a second by Councillor Ramirez. All in favor say aye. Well, wait, I'm sorry. I mean, as a formality, you do have to open the public hearing.
Okay. I'm going to open the public hearing on this item. Anybody in the auditorium motion to speak on this item, please come forward. There is none. Is there anybody in the queue? No one in the queue. All right. I have a motion and a second. All in favor say aye. Aye. This item is moved to our council meeting, which we are starting right now. All right. No need to take roll again.
So just to be clear to everybody listening, the LPA meeting has been concluded and the mayor is opening the regular council meeting. Correct.
Thank you for clearing that, Mitch. I appreciate that. All right. The clerk has already opened up the instructions. I'm now opening up our regular town council meeting for public comments. Anybody wishing to speak at the regular town council public comments? The floor is now open. There is none. Give me one second here where you, you had mentioned earlier that you wanted to speak about an item and now would be your opportunity to come forward. Just to let you know. Yeah. Yeah. You're part of the public and I don't want to let you lose your opportunity here. Could have gotten right by it. Whoosh. Oh, no, no. It's just public. You get to come on up whenever you're, when I call forward. Okay. Hold on one second. Make sure the microphone's on for you.
Thank you. My name is Dora Olson. My address is 21341 Southwest 94th Avenue, Cutler Bay 33189. I'm here to talk tonight about Cutler Ridge Pool. I have read the extensive report by Stan Phil, I believe it is, that is on your website. And I wanted to speak about a different report. This report, you gave the direction to give all the things that are wrong, as far as need fixing or updating or anything at the pool, which is over 60 years old, which I think everybody knows then. And all of that was over a million dollars. So we have been using the pool all this time. And the And it looks not that new, but aesthetics is not what the goal should be. The goal should be safety and use so that we can use it. The pool is not high impact, not low impact, but no impact. And there are people who need to have no impact. So my point would be on your report, from Stantec, is that the name of it? Yes. Was to provide suitable repairs to provide a relatively new condition for the pool and deck. Well, I don't think that we should that's that should have been the direction I would ask you to reconsider and to have a report that shows what needs to be done to make it safe and affordable And while people could still use it until the new pool, because we're going to get a new pool. We don't need two new pools. We could have to bridge the gap between the old and the new so we can continue to use it for everybody, for the kids swim lessons, the older adults, and the lap swimmers, and the high schools. There's a need for it because this is the only spatial place. That has some pool. So keep it. Thank you.
Thank you, Dara. If anybody else wants to speak, I ask you to go ahead and get in line. We'd like to move things along. So if there are any other speakers, please get in line with the edge of the aisle to speak next. Thank you.
Good evening. I'm speaking. I'm Stefano Fanfani, 7991 Southwest 18633157. I am also speaking about the pool issue. I have examined the documents that you have received, both the September 22nd, 2022, and the one, the December 2025 or January 2026. one of the things that came to my attention is as she was saying that there are a lot of things in those reports that would make the pool basically brand new or close to that while the part that is really um necessary and immediate is that 250 to a thousand dollar um section which, had it been done in 2022, was $188,000. And that makes the pool available for possibly the next three years because, as she said, you are planning on building a new pool. A lot of the other things are in that report. or as an example for the fence in the event of a hurricane in the event that something happened during the hurricane so you first have to have the hurricane then something has to happen then there and that is a fence that as you know it is you know it's just open space it's almost i don't know a car flies into it there is no no reason for that to to happen Besides that, and I think you also have to examine what the pool is for the community, and I saw she was very eloquent about that, but I will continue saying that. There are people that do their exercises. I'm a lap swimmer. There is the Miami-Dade Fire Department that goes over there, the Coast Guard that goes over there and practice. I mean, there is a lot of organizations. Then there are teams. There are this high school. There's a ton of stuff and people that use it and practice. to just close it as abruptly as it seems to have happened because we were advised that this would happen a couple of weeks ago. That's kind of a shame. The last thing that I want to address is that the $252,000 would address the issue that the town manager has, which is the water bill. um the thirty thousand dollar water bill that they've been having in the last two months because of of the leaks that would address that issue bring it in back to the three thousand to four thousand dollars that you had traditionally had um i hope you reconsidered your decision thank you
Good evening. My name's Charles Ellis. I'm at 8710 Ridgeland Drive. Cutler Bay, 33157. We've had the house there since 1960. I learned how to swim in the Cutler Ridge Pool in 1964. It was my first job in the 70s. It is a pillar of the community. It's been there. It's taught thousands of kids how to swim. And we have a seniors group that it's critical for their well-being. Like Stefano said, we have the fire rescue. We even had Hialeah fire rescue dive team working out in that pool doing their thing. And, you know, you got the high schools, you got the junior highs using it. I just think it's... uh you know i i i swim there four times a week and um you know i just think it's uh it's a shame uh to uh without a proper bridge to the next pool you know i i believe something came up because i i think that it was they were gonna you were gonna bridge it over till till the new one was built but uh And they're talking 3 years, you know, Mr city manager said that he can just take a rest for 3 years until we get another pool, but there's no pools in the city. And, uh. I just think it's a, it's a real travesty to just shut this down. It's a pillar of the community. Appreciate it. Let me talk. Thank you.
My name is Sandra Anzomo. I live at 9915 Montego Bay Jive 33189. I echo everything that they said. Swim lessons to me is most important for kids. Most of us swam there, brought our kids there. And I understand money. I understand how that works. You're asking us to be patient and wait three years? The one thing nobody's brought up, and I hate to be blatant, some of us don't have three years left. And we really need a place to go. It's community. It's socialization. Like Dora said, it's low impact or no impact exercise for those who can't do it. And there are some elderly people that go there that ride Connect and cannot get anywhere else. So have consideration for us, please.
Good evening. My name is Antonia Bukachi. I live at 8763 Southwest 206 Lane in Cutler Bay 33189. I have moved into the city in 2007. I'm a retired City of Miami Beach Ocean Rescue lifeguard and I can't stress enough. about being able to continue swimming not just learning swimming lessons and then stopping for a period of time where there's no availability because we are a multi-family community we have beautiful parks which i appreciate immensely and i use them i'm a parks person and it's wonderful all the for all the children and and everybody and i can't stress enough we're surrounded buy canals and lakes and we got the kayak launch and there's water all around us and you please please please consider just fixing the making the repairs nothing fancy just bare minimum but don't go without swimming lessons The rescues that I've made on the beach from people coming from inner cities and far away to go on the beach and they have no swimming lessons, it's terrible. You can't have it. And even the little splash parks where the kid learns in the very beginning to be friendly with the water and to love the water and then to continue on with swimming lessons is vital. That pool gets so crowded with swimming lessons that there's no time for the adult swim. You have to swim in the evening because that's all you have. If you love it and you need it, which I do, I don't ever want to stop swimming just because I retired from the beach. But it's vitally important to have those swimming lessons for the kids in this neighborhood. You just can't leave them high and dry for three years. That's like a whole high school period when you think of it. Three years is a long time. So if you can just put a patch on it as best you can, please, please don't close it down. Thank you very much. I appreciate it.
All right, anybody else wishing to speak? All right, the public comment is now closed in the auditorium.
Mr. Rivera, if I may, through the chair to the town manager.
Give me one second. Is there anybody else?
Oh, I'm sorry.
Hi, my name is Alicia Arellano, 18701 Southwest 134 Avenue, Miami, Florida 33177. I have been a parent, a coach at Cutleridge Pool for the last 25 years. My son started there when he was five and he's now 30. Both of my children went on to swim competitively in high school and in college and water polo in both high school and college. One of the most important things about Cutleridge Pool is their Learn to Swim program in the summer. They have a waiting list. Those little children don't have anywhere else to go. this they serve such an an absolutely important part of Cutler Ridge in this community and I went through the reports I went through it line by line the most important parts that needed to be fixed that weren't cosmetic that weren't the 250 000 for a fence that may or may not fall down in case of a hurricane was the under $300,000 that needed to be fixed. This is something that could happen. And this is a three-year period and that three-year period how many children could drown because they don't have life-saving lessons. These parents can't afford to take their children somewhere else. This is their community pool. This is their community. This is where they have learned to swim. Their parents learned to swim. This is a very important part. The people that swim at Cutler Ridge Pool are there every single day. Cutler Bay High School They use that pool for swimming and water polo. They don't have anywhere else to go. Miami Dade pool is community college pool is full all the time. So, and 1 other thing that I wanted to address in the video, it said that the pool staff was being reallocated to other park positions. They are not the only 1. employee of the pool the manager has a offered job within the park the rest of them are all losing their jobs at the end of next week so I'm asking you it's three years to just keep the pool maintain it the aesthetics don't matter it's a life-saving measure thank you anybody else in the auditorium
Anybody in the queue? No one in the queue. Public comments is now closed. Vice Mayor Callahan, you had a request.
Yes, thank you Mr. Mayor. Through the manager, Ralph, I would like to request that the report be forwarded to the Parks and Recreational Advisory Committee for us to take under advisement at our next meeting. the parks committee has done extensive had done extensive research and looking at a lot of alternatives as in the very beginning when we received the original report from stantec and making a decision if we wanted to move forward with repairing the existing pool or building the new one at um at legacy park so um I would like them to take a look at the report and then come back and report back to council. With that being said, I would also respectfully request that if possible, and I don't know if this is possible or not, that the pool closure be delayed until the end of March. That way it gives the Parks and Recreational Advisory Committee a time when we meet in March to be able to come back to the council at our March meeting and provide its recommendations.
Ralph, I think that's something that you can go ahead and you're actually a decision to make the decision to close the pool. So you can go ahead and review that with the vice mayor or anybody else who wishes to discuss with you about the delay in the closing as well as making a report available. I do think that's, you know, we've been very transparent about the reports, putting everything out there. And again, there's many things that are on the report that we're not the public's not aware of it. It's not as easy as it seems that many times and there's some intricacies to it. More information is always good information. So I like the Vice Mayor's idea of having this code before the Park and Rec Committee, at the very least, just to go ahead and submit some further information to the public. And I would encourage the public to be able to get more information at that point. So unless you're in disagreement with that, Ralph.
Member of this council, I work at the will of the council and it's very transparent. We've been very transparent. It's a very difficult decision. The same consultant, Stan Tech, Terry Glunt, that was before this council was the same individual that provided the technical memo that we keep mentioning that was over $700,000 to repair the water leaks and bring it up to code. There's a 40-year inspection as well, certification that needs to be completed, which requires replacing all the bonding around the pool. Once you get to the replacing the bonding on the pool, you have to pull up the deck. At that point is when you re-pipe the entire pool versus doing patchwork that we've done before. I will continue to stand behind the report of the professional consultant. It's not my numbers as a professional consultant. Just from the business standpoint, we just received another bill for $30,000 a month when it should be somewhere in the $2,500 range. So it is costing us for that. Items there, I know I've heard mentioned regarding the fencing. That's an item that actually has been requested from the Department of Health. It's in the report. It's not me making it up. The folks that have read the report, folks, it's not my report. It's a consultant's report. We've been very, very transparent for it. so mayor members council i'll stand behind that that report uh certainly move forward to to the uh to the parks committee um but i i guess you know i'll stand behind by closing it on the on on the 27th just because I need to do the prudent thing for that now. In terms of some of the staff members, the aquatic managers, we found a location for the aquatics manager. One of the part-time employees are going to go transfer to another parks department. So it's a very difficult decision. It's a very difficult decision. I don't take it very lightly. In fact, if anything, we've kept it open for the last three months and the expense of $90,000 is costing us just for the water bill. Now, what also is not included there is the cost for the chlorine. I want to add more fuel to the fire, but at least $30,000, that meter is going around and around every day, every day. So it's a tough decision. I don't take it very lightly. If anything, I'll stand behind the report, Mayor.
Ralph, and again, I know that you, it was a very difficult decision. You and the parks director have been trying to find ways to prolong this as much as possible. And it's not just a simple fact of fixing it. And so the fact of identifying what's going to be fixed and whether the fixes are going to hold true or not, or whether they're guaranteed or not. And there's also the aspect of we have to have our pool certified. It's not just us. And they require a lot of hoops. Then what you would expect us to do sometimes, so I'm going to let you and the vice mayor to discuss, you know, again, this is not something that needs to be voted on by the council unless, of course, the vice mayor wanted to bring a resolution forward. The next meeting, but I'll let them discuss it with you and perhaps. See, if there's a way to get more information to whether through the proxy or public to understand. The difficult. Portions of this decision that it's just not on the surface level so. But again, we don't need to take any action on that other than you will give a report to the to the
review with the parks committee um and i don't see any harm in that um no in fact mayor and councilman vice mayor are more than happy to provide the report as soon as tomorrow morning and maybe if there's a way we could get a quick quorum uh from the parks rights committee maybe meet beforehand so they could fully understand it before the 27th i mean i don't know if that's possible
um if i might miss your recognition thank you um i i'm i don't know if that's possible and don't know if it's necessary i i would like because we've had such extensive discussions within the parks committee about the original report the original repairs and ultimately the the committee making the decision that it was best to move forward with a new pool i would just like them to be able to review this report um because we have not had a chance to discuss this report as a committee but in addition to that it also gives the public and a new forum to be able to join the parks committee and have a little bit more of an in-depth discussion uh about this uh than we do in in this particular forum so i i don't think that a special meeting is needed i just would like for them to review it in our next meeting and it's the first the first monday in march
All right, that meeting is held at the Cutleridge Park building. No, it's held here. It's held here? Okay, on the second floor. All right, on the first Monday of each month. All right, we'll go ahead and move forward then. That takes us to town council and committee reports. Any additions? All right, we have one by Councilman Lurk.
Thank you for recognizing me. I just wanted to add to my report that has been published with our agenda. I mentioned in that report that I attended the 41st Annual Everglades Coalition Conference in Naples with our town manager, Rafael Casals. And I wanted to demonstrate how very important these conferences are to the leadership of Cutler Bay and why it's important for us to attend these. This particular conference, there is a series of sessions with important discussions, not only about the environment, but about Senate Bill 180, which I've been very, very vocal up here about, which would essentially limit our decision making ability as a local government. And that would potentially affect our CRS rating, which gives us a 35% discount on our flood insurance, which for me and my family alone is $1,100, right? So it was very important that we pay attention to Senate Bill 180. And I was very happy to learn in one of our sessions that Senate Bill 840 has now been introduced to the Senate in Florida. It was introduced in December 2025. And in learning that, I, of course, went on the deep dive on bill 840 last week senate bill 840 is another land use regulation bill that impacts local government this bill may go into effect on july 1st of this year it was voted yesterday 24-0 in favor of the bill and is now on a special order calendar for action tomorrow and why is this important It's important because Senate Bill 840 seeks to undo some of the local planning freezes that were caused by Senate Bill 180, the very things that we were concerned about and the very reason why we joined a lawsuit to prohibit that. so i wanted to make sure that the residents understood that while we go to these conferences to get an understanding of the everglades and our drinking water and all that stuff there is so much more information that is gleaned from these conferences and i was really pleased to learn about senate bill 840 and i'm going to pay very very close attention to that and i'll report to you guys further on that Second, I wanted to mention that in this conference, in the very last session that was held in this conference, we had Cutler Bay, Little Cutler Bay had a shout out for our resilience planning and for the property purchasing that we did on Old Cutler Road. We are the largest landowner on Old Cutler and Cutler Bay proper, and I'm very proud of the brave decisions we've made as a council to make those purchases, right? So, Arella Bagoo, for those of you who don't know her, she was our first Miami-Dade County Chief Bay Officer, and she spoke very highly of what we're doing here for resilience. She told all the other local municipalities that were there to pay attention to Cutler Bay and that we are a model of what we're doing for resilience. And I was very proud to be there to hear that in person. In fact, I was able to capture her comments on video. And they're posted on my social media publicly. If anybody wants to go hear her tout the good word Cutler Bay is doing. But I wanted to have that in addition to my report to the residents, because I think it's very important that you see that our work for resilience and the environment is actually being recognized on a national scale for the upper echelon of the resilience workers. So kudos to our town staff and to our council for making those decisions to purchase that property. Thank you.
All right. We'll move on then. That takes us to our town manager's report, Ralph, sir.
Thank you, members of council. Tonight I have the privilege of introducing Chief Dadala from the Miami-Dade Fire Rescue to provide his annual report.
Good evening, good evening Mr. Mayor, Vice Mayor, members of the Council, to our City Manager, and to all of our residents for Town of Cutler Bay. My name is Ray Jodala, Fire Chief of Miami-Dade Fire Rescue. I'm here to present the Fiscal Year 2025 Service Delivery Report. um just before we start i just want to you know say thank you to some of my team members here who put you know all of our packets for all 29 municipalities for all 13 county districts uh commissioners um you know it's a very tedious job and you know to extract all the information and numbers you know in regards to the full report that was presented to uh this uh town but um you know moving forward i just want to start off with a quick Two minute video that sums up Cutler Bay last fiscal year. So last year, well, just an MDFR overview before I get into some of the numbers from last year. So Miami-Dade Fire Rescue celebrated its 90th anniversary last year, established in 1935. We're the sixth largest fire department in the country with 72 firehouses. And as you saw, there's two in Cutler Bay, but we actually threw a third one in there, Station 50. Wasn't sure if you saw it. You know, they actually respond to over 20% of the calls in Cutler Bay on the north side of Cutler Bay. So we actually snuck in. They just sit on the outskirts of Cutler Bay. There's 173 frontline units we added from last fiscal year. There's currently five operating out of Cutler Bay, over 2,400 uniformed firefighters, and of course, you know, the 700 professional staff members from our investigators, our inspectors, our mechanics, and as such. So last year, Miami-Dade Fire Rescue responded to 296,000 calls. In Cutler Bay, we responded to just over 5,700. And we are an ISO 1 and internationally accredited department. So, just a little some resources in regards to Cutler Bay, you have a total of 8 fire stations that surround within 3 miles of Cutler Bay. That's 20 frontline units, fire trucks, rescue trucks, technical rescue hazmat and as such. There's a 8 rescue transport units, a unit that was established last year. It's a basic transport unit to help with assisting with some of the calls. We have 10 suppressions and of course, you know, two battalion chiefs that command within three miles of town of Cutler Bay. And at any given point, you could have easily 65 firefighters responding to any type of incident from a simple medical call to a large scale fire. And as you can see here, we are still below the industry standard. We are responding to approximately seven minutes and nine seconds or less, depending on the type of call in Cutler Bay. So we continue to build a safe and resilient Cutler Bay. So, you know, call volume has increased, as many of you probably aware, since 2020 by an average of just over 1,100 calls. Since 2020, we've added additional units in the area. As you can see here, a couple of suppression units and a rescue unit. And again, our response times, you know, continue to remain under the industry standards of eight minutes. You know, some of the ongoing construction, I was just having a conversation with councilwoman in regards to what used to be the Southland mall and, you know, the projection as to when everything would be up and running. And, you know, from our conversation, I thought would be somewhere in the ballpark of 5 years, but she was mentioning in the ballpark of maybe 2 to 3 years. We may need to have a conversation because we'd love to build a fire station within 2 to 3 years ourselves, you know, but, you know, as you can see here, there's 13 proposed new developments in color Bay, 6000 residential units and over 605,000 commercial retail square feet. That's projected from what we've. you know, ascertain in regards to permits and what's up and coming. MDFR inspected over 700 Cutler Bay businesses last fiscal year to ensure safety, life safety code and the fire code. We do have a station that is planned right now. You know, we don't have the current funding. It is part of the five year projections. Station 74 just on the just north of in Cutler in Palmetto Bay. And as you can see here, you know, we have Rescue 71 and Engine 71. There's a station that is almost done off of Eureka and approximately 157 that will be placing a suppression company there. And what we're looking to do is move a suppression into the Station 34. So basically another unit within, you know, the three mile range. You know, engaging with our color Bay residents and, you know, obviously the bread and butter of the fire services, the medical calls, the fire calls and as such, but we don't actually get the opportunity to meet and have a normal conversation without the emergent that's occurring behind us. Last year, or last fiscal year, we provided 1 help course in regards to requests. A help course is the health emergency life protection program. It teaches within a 2 hour process. Hands on CPR for adults. provide stroke awareness recognition, stop the bleed for our residents. In addition to that, we actually participated in over 20 community events totaling over 4,100 community residents that we actually had an opportunity to speak to or interact. And as you can see here, it's one of the only fire truck in Miami-Dade Fire Rescue out of the 72 firehouses. We actually have a fire station that's dedicated to the men and women that lost their lives at 9-11 back in 2001. And we call it Big Red. And we actually had it on a demonstration here in Cutler Bay. And last but not least, patient feedback is important. It allows us to grow, make changes. That's how any organization. And typically, we actually send out surveys to our residents in Cutler Bay when there's a medical call. And we actually received 50 color bay residents and as you can see here, we had a satisfaction rate of 99%. We actually rated our services of a 4.94 out of a 5.0 and those are actual comments from residents of cutler bay. Just 1 of them simple 1, very professional friendly and helpful. Thanks. And again, these are actual comments from our color bay residents. And with that, I want to say thank you for allowing me to do the presentation and continue to best futures here. So at this time, I open up the floor for any questions.
I notice that every time I call Miami-Dade Fire Rescue, how many times do they need to call? I hope they're doing well. We do appreciate the level of service that you provide to Cutler Bay, the additional fire stations and trucks. You know, it's one of the things we have in Cutler Bay is we don't hear any complaints about it. And that's a great thing. So you guys are doing a great job. So I do appreciate it. Thank you. Any questions from the public?
Thank you. Thank you. Chief for your presentation. They're always so concise and great. We did have that conversation before the meeting tonight. 2 to 3 years is when I expect I would propose. We're going to have more residents in the South and mall area. It's just the start of the 5 year prediction, but I have had concerns about. um safety right that's what we're here for we're here to protect our residents we're here to make sure everyone's safe you're the biggest part of that aside from our police force our sheriff's office so um i thank you for acknowledging that and having that conversation with me i wanted to also mention at a recent event um at cutler ridge park i had the ability to tour one of the smaller fire trucks that we had at the event cutler bay hires these trucks to go to these events And I walked up to your two firefighters and I'm like, hey, I'm a council member. Let me see what you have going on here. And they were really happy to show me the truck and all its abilities. And I was so grateful for their time. And I really do appreciate it. For the residents information, we have somewhere between four to five thousand people at these events, the bigger events, the signature events that we're doing. So we as a town have decided that it's prudent for us to have these fire trucks at these events. So in the hopefully off chance that they're needed, the response time will be essentially nil because they'll be there, right? Not the seven minutes, which is a great response time to begin with. But that being said, because again, our job is to make sure the people that congregate at our events are safe and we have safety measures in place. I expect that going forward at most, if not all of our events that are that level of participation, we are going to be having that smaller truck and we're gonna be paying to have that smaller truck, which is not an insignificant cost to the town of Cutler Bay. So wink, wink, I'm hoping that we can have a conversation where maybe we can get a multi event discount in doing that because I'm the girl who talks about fiscal responsibility, right? But I do appreciate that. You guys come out and that you're protecting my residents and I really just wanted to commend those firefighters who are so eager to show me that truck. So, thank you for everything.
Thank you. And the special events rescues, they are much smaller, much agile. They are usually just equipped with medical equipment and these larger scale events. And we have just in Miami-Dade County, so Miami-Dade Fire Rescue actually gets involved in about 4,300 different events. And they could be anywhere from a couple of hundred depending on the weather and the type of event to what you see at F1 by 150, 160,000 people. So, you know, I commend you for forward thinking, you know, the safety of the residents, you know, it does cut the response time from 7 minutes to literally seconds because they are dedicated to you to the event. They don't go anywhere else. But, you know, for the event and wink, wink, we'll have a conversation with the city manager, the top manager. Thank you. So, thank you. You recognized.
Thank you Chief, appreciate it. For those of you that don't know, Chief Dodala and I went to fire college together in the same class. We actually have the same hairdo and that kind of just brings it all together. But actually, for those of you that don't know, this year we had a huge employment opportunity at Station 34 with activities and It almost like an indoctrination to the people that were trying to apply for the positions and stuff and the line was all the way out the station tarmac all the way down past the past the cultural center. So, the turnout was fantastic. The department put on a very well put together program. I was very proud to be there and be part of that and share that with with our community and their residents. So hopefully we can do it again. Next time we have a big opening or need to have a big opening or just an event that station really stepped it up and I appreciate what you guys did and very proud of you. Thank you.
Thank you. Council. And then 1 of the 1 of the pictures, or 1 of the videos inside the in the video was actually representative of. The several 100 people that actually showed up for the open house. So, Miami date fire rescue only has an employment window of about 2 to 3 weeks and it's only done every 3 years. And this, you know, we do have people from all over the country that actually come and apply. And this time around, we actually had 7100 people apply and the intent is, of course, you know, the cream of the crop and, you know, we get quite a bit of, you know.
um interesting individuals with backgrounds you know from nurses to doctors you know that want to be firefighters it's pretty impressive so so that just spiked a question in my head 7100 people i was there i walked in um the line was around the corner um council member ramirez showed me around the the station out of the 7100 people how many jobs were available
So it's really contingent on what trucks we're placing in the service. So we're projected, unless something drastic happens, we're looking at least the next 810 months of 3 classes of 80 and then pretty much after that we're looking at attrition and about 2 units in service every year. So we're probably still looking at about 120, 130 each year after that 240 and the 240 is to catch up with people who are retiring. We placed approximately 8 trucks in service last fiscal year. We're actually on pace to place another 7 fire trucks in service this fiscal year. And then it looks like we'll slow it down to about 2 fire trucks next fiscal year and thereafter. But we also have attrition. People are retiring, people are looking for greener pastures. So yes, so we're, we're going to probably get into several hundred. But the, you know, though the competition was, you know, impressive in regards to the written test, I could tell you that the opportunities are there. I'm an example of it. Councilman Ramirez is an example of it. So yes.
Thank you. The competition is tough.
All right, good. Thank you very much. All right, Ralph, are you going to move on? Thank you very much for your report. Thank you. Who was the individual giving CPR to the baby? Was that you?
No, that was not me. That was me.
That was another shave. Yeah, another shave, but yeah. Thank you again. Thank you.
Thank you, Chief. Next, Mayor and Members of Council, as we do every month, we have Ms. Emma Jones from Stantec providing an update as our owner's rep for the 16-acre Legacy Park and Municipal Complex Project. Emma?
Good evening, everyone. Emma Jones, owner's rep for the town of Cutler Bay. I will go ahead and share my screen. Give you guys a little update. Can everybody see that? Great. All right, so our February updates, So, I presented the schedule last month. Right now, you know, everything is really, you know, tracking. The biggest thing that we're dealing with is getting DERM approval for the wrap up of phase one. for all of the soil remediation and everything. We have completed all of the soil import, export, and compaction. So we are just going through those final phases of getting the approval reports, et cetera, and the permit closeout for the phase one. And then just a quick update on the phase two. We presented DERM with our original plan for the exfiltration trenches, et cetera. They requested additional testing. We completed that in November. Samples were reviewed December. We had a meeting with DERM on the 20th of January this year, and they have requested additional testing. We submitted a testing location plan to them last week. and we're awaiting their review and then a follow-up meeting to have their verification of our new testing locations. So that's really where we are right now with the soils and the next steps. Obviously the next step is that sort of the underground utilities and all of those. So we are, while all of this is going on in parallel, we are still working on the pricing for GMP2, which is the underground utilities and site work, as well as GMP3, which is the vertical belt. And that is all I have.
All right.
Thank you very much. No, it's my. I'm sorry.
I'm going to keep this brief, but Emma, thank you for your presentation as always. I wanted to talk about the Doge report actually and as it pertains to this project. I reviewed Florida Doge report when it came out and whether or not I agree with it as a whole, there were some serious concerns I had in reviewing this report. In particular, there is the mentioning of green building codes on page 97, a green agenda on page 9, and most importantly, and I'm going to quote directly, the additional design expense for government buildings to achieve green certifications, which is on page 34. I felt it was very important for me to review the report. with the basic understanding that there was going to be that kind of verbiage in it. Secondary to my review of that report, I then reviewed our code on sustainability and green energy and our requirement to have leadership in energy and environmental design certified buildings. That's in our code. One, I was glad to see that our code has been loosened up a little bit so it's not just a LEED certification that we have to have because that certification is incredibly expensive and will add to the cost of Legacy Parks buildings. We do require a Green Globe certification of some sort, but I understand that there are other certifications that would scratch the itch of code and not cost as much as LEED. And I know I'm completely blindsiding you with this. I did email our town manager with some questions. I'm gonna present them now, not asking for an answer now, but I will have an ask at the end of these questions. And my questions essentially for my education and the education of our residents and the rest of council are, What energy elements will be at Legacy Park buildings that comply with our code? What is the difference between LEED and a Green Globe certification? And most importantly, can we get a cost analysis of the difference between LEED and Green Globe? I think the cost analysis will be a stark difference, like perhaps in the million of dollar range. I did receive a response to my email today and it was quite extensive and it's a lot of information for us to take in right now i'm the only one with these questions so my ask of the rest of council and the town manager is and of you emma is can we perhaps get a powerpoint presentation put together and presented to us on the next council meeting, which is March 18th. So we have a better understanding of the costs and whether or not we go with LEED or we go with a Green Globe, because I feel like the cost is somewhere around a million dollar difference.
Yeah, I'll take it. Thanks. Members of council. Yeah. In fact, we meet every Monday and it was a timing issue, right? I think as, as council member Lord mentioned that the Doge report came out from the governor's office, right? And we were already looking at some of the costs associated with some of the certifications. So we'll be more than happy to. I think the team will be prepared now that we understand the direction and some of the questions that you have. I know we provide you the response today, but I want to make sure we have some accurate information for you, but at least for the for the rest of the council, I think it's great that we have that discussion as a whole of what are some of the green elements, energy efficient elements that we have within the complex, not just Town Hall, it's the new pool, the pool aquatics building, and the community center. Emma, I think we should be prepared with Salt Mickelson and their sub-consultants for Green Globe certification. We'll be ready and prepared for the March 18th meeting. We'll take some Emma's owner's rep time because you can see right now we're waiting that holding period with with Miami County Derm waiting for the underground utilities and the permitting for the buildings itself. It's running through its course through all the different agencies. So I think it's a good lag time there to have that conversation as a town of what we need to, what can be some of the elements that are green elements. So I have no problem with that.
if i may add um what is important is not just the savings that's money out of our pocket that's our taxpayer dollars that's what we're up here stewarding like the the fiscal responsibility that is our utmost responsibility but also with this green certification that is within our code that gives us the ability to chase grants and to get more money back to us. And so it's very important that we explore this even like from a big picture view. But I think it's I appreciate the opportunity to have a PowerPoint on that.
All right, Ralph, I guess you and Councilman Lurkin can discuss what type of report you'll be giving on that report.
Yeah, we'll put that as part of Emma's report, use her time slot there, and obviously before, like we always do, before the agenda, hopefully we'll have the information ahead of time that we've provided to the Council that way, and we'll have the team assembled for those questions. So thank you. Thank you, Emma. Next, members of council, we have an update from Frangio Road. Today we have Angel Turbin in replacing Stefano, who's on vacation virtually. And then we also have Miss Janet Delgado here in person for the communication aspect. So if we can bring on Angel.
Hi, good evening, mayor and council members. My name is Angel Turpin, and I'm here on behalf of Kimley Horn to provide the February 2026 update for the Frangio Road Improvement Projects. Can everyone see my screen here?
Not yet. Oh, I apologize.
How about now? it looks like it uh there you are yes we can okay i apologize thank you so much um janet will be providing our public information update shortly so first we'll talk about our construction activities we continue to hold our bi-weekly construction progress meetings with the contractor the town the engineer record for the project and ourselves as the cei Currently, the work in Work Zones 1, 2, and 3 have been completed, and these areas are open to the public. And these include the proposed improvements along Frangio Road from Southwest 184th Street to Caribbean Boulevard. ATI is currently working in Work Zone 4, running along Frangio Road from Caribbean Boulevard to Southwest 92nd Avenue. So they're currently installing drainage and doing concrete work in this area, along with the installation of light pole bases and pole boxes. The first lift of asphalt has been installed up to Southwest 199th Street. And at this time, this work zone is expected to be completed by May of this year, 2026. In Work Zone 5, ATI has also been working on the installation of drainage structures here. This is running along Franchot Road from Southwest 92nd Avenue to Old Cutler Road. Also in this area is the traffic circle at Cutler Ridge Drive. They are continuing to work here and they anticipate this area to reopen in approximately two months time. at this time the team is focused on keeping the site safe and clean as well as maintaining the mot throughout the entire duration of the project we did want to provide a general reminder that a phase being open to the public does not equate to the area being finalized there are a few pending items that must be installed throughout the corridor before the project can be considered complete And these items should not impact the public use of the roadway and include but are not limited to bus shelter installation, the final lift of asphalt along the roadway, electrical service installation, light pole removal and installation, or tree and sod removal and installation. Currently, for our project schedule, the duration is from July 2024 to September 2026, and ATI has declared seven total rain days at this time. Now I would like to turn it over to Janet to provide our public information update.
good evening mr mayor my members of the council i continue to engage with the residents and business owners along frangel road i like to give you an update report reporting no issues with the vets office everything is running smoothly there i constantly maintain contact with them um The community participation, the chili cook off was an extraordinary event. I did get a lot of traction, a lot of questions and honestly a lot of compliments from the residents regarding the professionalism of the construction team. um and i have a couple of updates on the construction process um they have been four new bus shelters installed i mean not totally installed we still need the cladding and and that sort of stuff but it's moving forward also um waiting on fp l to do the electrical connections And I was just told that the traffic circle is awaiting the pour of asphalt in around three weeks. And that's about it. Do you guys have any questions for me?
Thank you very much, Mr. Mayor. I do not have a question. I have a compliment, a point of order to make. This compliment is you, the entire project, the entire team is somebody who lives on Frangio Road and has gone through the construction process from beginning to almost end, because I am in work zone four. Nothing but professionalism. The entire team has been great. You guys are very fast.
Yeah, we might have some surprises.
I left for work this morning. There were pallets of sod just sitting on my front yard. When I came home, the entirety of Franjo on both sides from Caribbean almost down to Martinique, 196, was completely sodded. All the light poles, which were not there when I left this morning, are now. These guys are very, very fast, very efficient. So I do want to thank you all for that. I am looking forward to FPL turning them on.
So am I. I don't want to continue saying the same thing either.
And then just a point to kind of reiterate, Angel already touched on this. The biggest complaint that I hear from residents all over the place is the road's beautiful, but it's not level. I know. And this is not our first project. I mean, we did this with Caribbean. We've done this with Old Cutler. So I just want to reiterate to the public. Anybody that wants to listen, it is not done. Just because the road is open, there will be asphalt that is slightly elevated, especially around the manhole covers and whatnot. That is perfectly normal. That's to be expected. Once we get to the closeout of the entire project, we will add that last layer of asphalt and close it off, and then it will be just as smooth and brand new as any of the other streets that we have. So just... A little bit of patience. Yes, please. We're getting there, but no, absolutely. It's not something that was overlooked, and we're not going to leave it like that.
No, no, absolutely not. It's got to be nice and smooth.
Absolutely. Thank you so much.
All right.
Thank you so much. Bye-bye.
Ralph, sir.
Thank you. Next, Mayor, Members of Council, we have Robert Daddario providing our third quarter financial report. Robert, if you're online.
Yes, thank you, Ralph. uh good evening uh mr mayor mr vice mayor council members um as the manager mentioned to you we are presenting tonight the report for fiscal year 25 covering the period through june 30 2025. the operating budget operating results for the first nine months of fiscal year 25 have been favorable versus the budget We have achieved a budget surplus of $3.6 million through June 30th. The results for the year to date through June 30th were adversely impacted by transfers out of the general fund for Legacy Park soil remediation work. During the nine-month period, we transferred out about $1.44 million from the general fund to Legacy Park for work carried out through that date. By far the single largest revenue source is ad valorem taxes, as it typically is, consistent with prior years. The bulk of the property taxes are collected early in the year. through June 30th. Approximately 101% of the ad valorem budget has already been collected. Other revenue categories except for building and zoning and franchise fees are showing strong performance versus the budget. Most significantly, local government half-cent sales taxes and the utility taxes. Other revenues category also has strong favorable variance versus the budget. The strong performance of this revenue source reflects revenue from sale of BCTC credits, as well as strong park fees and CITT administration fees. The shortfall in building and zoning revenues results from projects anticipated to be commenced in fiscal year 25 being delayed, and as a result, budgeted permit fees were not realized. For the full fiscal year, building permit fee revenue will be substantially under budget. The unfavorable variance for franchise fees is primarily a timing issue. For the full year, there is a slight unfavorable variance in FPL franchise fees versus the budget. but is more than made up by a favorable budget variance for solid waste franchise fees. In total, franchise fees will finish the year favorable versus the total franchise fee budget. Expenditures are faring well versus the budget, other than transfers out in debt service. There are no significant unfavorable variances through June 30, 2025. The unfavorable variance in debt service is due primarily to the timing of debt service payments versus the prorated budget. the unfavorable variance in transfers out uh results primarily to the soil remediation work at legacy park which is being partially funded uh with the general fund uh and also 6.5 million dollars worth of opera funds through june 30th uh 2025 approximately 7.9 million dollars was spent on soil cleanup at legacy park As mentioned, 6.5 million of that was covered by ARPA funds, and the general fund transferred in the 1.44 million to cover the balance. An additional 2.75 million was transferred from the general fund to the Legacy Park Soil Remediation Project during the final quarter of fiscal year 25, and that will be reflected in the September 30th quarter. Regarding the CUNY payments, as you know, a condition of incorporation, the town is required to continue to pay its share of the CUNY bonds that were issued or authorized by the county at the time of incorporation as set forth in our interlocal agreement. For fiscal year 25, the actual CUNY payment came in in line with the budget. It was roughly $128,400. And the amount reflects the county's refinance amortization amount. uh we are currently continuing to work on the closing of fiscal year 25 we're we're getting close to finishing up the audit's going to be starting in about a month i spoke with the auditors today to give them an update um i wanted uh council to know that while the uh quarterly report through june 30th reflects a surplus of 3.6 million for the full year for the full fiscal year we are going to be in a deficit position because of the transfers that were needed to be made from the general fund to the legacy park project for the soil work However, the deficit is not as bad as we were anticipating. It most likely is going to be somewhere in the $750,000 to $1 million range. And again, if it was not for the soil remediation project, we would have had a surplus in the general fund this year. So with that, I will open up for any questions that the council may have.
Robert, thank you very much. As always, you do a great job. You know, that's why we have to keep health reserves because of things like the soil remediation or any other storms that may come up. Questions or comments from the council?
Robert, you do a great job as always. So thank you very much for your report.
Thank you. Thank you, Robert. A couple members of council, a couple quick notes. As reported last month, we had a change in services with our Metro Connect partnership with Miami-Dade County. As you recall, last month, our friends from Miami-Dade County Transit came and reported to the town. Since then, since the new service request, which means that if a resident is getting picked up and going to one of the 13 transit hubs that we have identified with Miami-Dade County as part of our mobility plan, we've had 92% of the ridership. go to one of those transit hubs, which constantly we're moving over 152 folks a day. If those residents are transported to a transit hub, the $1.50 that would normally be charged is being charged to the town. if a resident uses the metro connect to go to a non-transit hub that resident gets billed directly 3.50 so i'm glad to report that 92 of our riders are actually using it to go to the transit hubs um second secondly uh something that i want to you know bring up because it's been at least two years if if you recall the ordinance that was sponsored by vice mayor callahan back in 23 regarding trying to make settlements for co-compliance liens or you know sometimes very exorbitant uh proud to report uh um that we've all we have settled over 20 cases that totaled in terms of payment over 183 000 you know, since the implementation of this ordinance. So I'd like to thank Santiago Gonzalez, Atlanta and our code officers, because that means that we're taking those settlements right off the books and folks are coming into compliance and permitting and bringing their buildings up to code. So that's a great thing. That's the intent of it. But it's been a couple of years. So kudos to everyone that's been involved. Lastly, in terms of fiscal responsibility, as we've spoken about, is there's going to be a notice of intent to reject all bids for invitation to bid for the Lakes by the Bay parking lot and walkway retrofit project. If you recall, we received a grant a direct appropriation from the department of energy in terms of almost like 76 000 if you call that um we put out the bid we had a mandatory pre-bid meeting we had 19 of bidders that that um attended we then received six bids that were uh opened publicly at jan during the january 28th and unfortunately the uh the lowest bidder was was deemed to be non-responsive And the next lowest bidder there was such a big spread in the cost that we are going to reject the bids And because there's almost like double what the grant was going to be for and kind of revisit the scope with the Department of Energy Maybe we could just do maybe in phases before that all the lights lakes by the bay are working and If you recall, the sports athletic lights with ARPA funding were retrofitted to LED. What we're talking about is the parking lot lights and the track lights, as I call it, right? They're the same poles. They're all working. They're just not LED. So we picked that project because that what we needed to avoid was called the ANIPA study from the federal government. Basically, just you're changing out the fixtures. But unfortunately, the bids came in too high. So we're going to revisit the scope with our engineers and our parks department. and at this point we'll reject these bids and then we'll everybody still have the same opportunity to rebid it but it's going to be a lower a smaller phase project so mayor members council that completes my report all right thank you very much takes us to our town attorney's report uh i don't have anything for you
Thank you very much. Take sort of town clerk's report. No report this evening. All right, great consent agenda. If there are any additional items or polls, I mean any polls, there's no fun looking for a motion to approve.
So moved.
We have a motion to approve by Councilman Lord looking for a second. Second. Second by Councilman Ramirez. All in favor say aye. Aye. And it is approved. All right. what's that oh sorry okay one second here but keep up with myself okay so mr mayor have a comment Vice Mayor Callahan, you're recognized for a comment.
Would it be appropriate to request that item 11a be moved up into the agenda so the individual doesn't have to sit through the quasi-judicial hearing?
I would go ahead and allow that unless he really wants to sit for the rest of it. So yeah, let's move item 11a up. This is Rev. Luce from 11a. If you could read the item, please, Mr. Clark.
A resolution of the mayor and the town council, the town of Cutler Bay, Florida, approving the use of an additional emblem by the youth and the official town logo exclusively for committee events and activities, providing for implementation and providing for an effective date. All right, Councilman Ramirez, this is your item, sir.
Thank you, Mr. Mayor. Folks, the Youth Council last year was taxed with coming up with an official logo for the Youth Council itself, one that would carry on going forward instead of having to try and come up with something every single year. Believe it or not, they actually drew the logo up in about an hour. I mean, it was just fantastic. And with the help of Rod Gibson, our communications manager, who does great work with this computer. We actually have the final logo. I don't know if we can put it up. Do we have it up for a screenshot or no? If we don't, that's fine. Anyway, I would like to recognize one of the, we had invited some of the previous youth council members and unfortunately most of them have graduated and gone on to bigger and better things in other parts of the state and the country. So there it is. Thank you. So this council actually approved this logo and we decided to put it with the resolution so we can get this thing approved and put our stamp on it. In the audience tonight is one of our current council members, Mr. Dominic Campbell, who has actually come on in the last month or two. And I'm very impressed with these kids. These kids are all overachievers, and I'm very happy that we have them. His parents also are here with him, who have also sat in on meetings and attacked me last night. It was great. We had a great conversation. They're just amazing people. I also want to recognize my advisor, my special advisor, who was on the council several years ago, and she actually continues to stay on and help me out. So, Letty, thank you very much. Dominic, you can stand if everybody will give him a round of applause. I'd appreciate that. You want to say something? You can come up and say something if you want.
Well, that's really my decision. I'm kidding. Go ahead. Did you want to say a word, Dominic? Thank you very much for your work. Did you have something to say, sir?
I just wanted to say it's great to be on the council. The work that we've been doing is amazing. And the logo that they drew up is incredibly impressive, the last council. Um, I'm impressed that they were able to do it within an hour. It would have taken me. Weeks probably to draw something like that. And, um, I just, I just want to say, thank you for. Letting me be on the council and, uh, let me be part of this. All right. Thank you for you.
I do appreciate it. Thank you. And I'm like, you know, his parents for bringing. Anything else?
Okay.
Thank you.
All right. So, uh, we have a resolution and looking for a motion for approved. so moved we have a motion by councilman lord looking for a second so moved taken by councilman ramirez all favor say aye aye item 11a passes so i'm now going to open up the floor for public comments public comments now open any motion to speak please come forward comment anybody in the queue no one of the queue this is now closed we can please read item of 8a
An ordinance of the mayor and the town council, the total color Bay, Florida, authorizing the issuance of capital improvement, revenue bond of the town of Cutler Bay, Florida, not exceeding 17Million dollars for the purpose of financing the cost of completing the legacy park and municipal complex, providing for a supplemental resolution, setting forth the details of said bond. Providing for authorization for negotiations, providing for severability, providing for conflicts and providing for an effective date. All right, thank you very much, sir.
you mayor members of council this is um an ordinance for first reading simply seeking uh permission to continue to pursue the deal for the 17 million dollar gap financing if you recall we had a uh a council meeting um town council workshop on january 27th where we uh the team kind of laid out the uh the different uses for the funds and and we feel very confident and with with our our bond attorneys you know jeff de carlo and lori lala as well as with our folks from estrada genosa uh i know many of you probably have uh received some of the news that loris aberdeen is no longer with the firm but tonight i do have donald gonzalez donald if you can stand up there okay um is a senior manager director for for the firm that that is here after case there are any questions
And we did have an extensive meeting discussing this, which I do appreciate the presentation or in the understanding for all the council members. Quite honestly, I think all the council members had lengthy conversations with you and your staff prior to that. So there are additional questions or comments on this item. No. All right. And with that, looking for a motion to move forward on this item.
So moved.
I have a motion by Councilman Lord looking for a second. Second. Second by Councilman Duncan, take a roll call vote, please. Council member Lord?
Council member Duncan? Yes.
Council member Ramirez?
Voting yes or no. Yes. Okay. Vice Mayor? Vice Mayor Callahan? Yes. Mayor Mayerbottom? Yes.
Motion passes.
All right.
Item 8B, please. An ordinance of the mayor and the town council of the town of Cutler Bay, Florida, approving a small scale amendment to the town's growth management plan comprehensive plan by many of the future land use map flume for properties located at 2, 0, 1, 5, 0, and 2, 0, 1, 6, 0, old Cutler road. folio numbers three six dash six zero zero nine dash zero zero three dash zero two four zero and three six dash six zero zero nine dash zero zero three dash zero two five zero from mixed use and low density to medium density residential providing for conflicts providing for severability and providing for effective date all right ralph sir thank you members council like to bring up julian gonzalez our planning and zoning director
Good evening, Mayor, Council Members, Mr. Manager, Town Attorney, Town Clerk, Julian Perez. Sorry, Julian, I called you Gonzales.
I was staring at Santi Gonzales. You got a new last name. So Julian Perez for the record, sorry, I apologize.
Not a problem. Not a problem. We're here on two items. One is a small scale amendment to our comprehensive plan future land use map. and also an amendment to our zoning district map. Just for the record, courtesy notices were sent to a radius of a thousand feet to residents very close to the proposed site on February 5th. and also the property was posted on February 9th, 2026, which is part of this process. The courtesy notices that were sent out were about 282 plus notices that were sent out within that thousand feet radius. With us here tonight is our consultant, Ms. Nowitzki with WGI, who's going to make a quick presentation to you. And then later on, we have the applicant that is represented by Mr. Simon Farrell, who is the attorney for the project. So for now, I'm just going to pass it on to our consultant.
Good evening. Hello, everyone. Nice to see you all. I'm Kristin Nowicki with WGI. As Julian said, we did the staff analysis for these actually two applications. Honestly, the presentation is identical in both of the applications. Um, so if it's okay with you, I will share both. Uh, requests.
Okay, Kristen, hold on Mitch.
Um, again, do we take both items up at the same time or do we do these separately? I'm gonna recommend that you do them separately because if you don't adopt the first item, you won't be taking up the second item. Thank you, sir. Okay.
No, you're good. So first this is a future land use map amendment from mixed use and low density residential to medium density residential. And then the second item being the zoning amendment. So this is currently a neighborhood center one and C1 zoning. and it would be proposed for multifamily residential abbreviated MR13. So the applicant being FJAM Investments LLC and the properties are at 20150 and 20160 Old Cutler Road. This is a block that is located between Southwest 87th Place and Southwest 87th Avenue. Specifically eight lots are on this block and this application is referring to two of them. Five of those eight lots are already developed as duplexes or two-family residential. The other lot of the eight is vacant and not subject to this application. So of those five lots that are developed, they are actually non conforming because what I'm going to explain in a minute about how they they came to be with the zoning. Also, just to point out the south of this property is a bordering a single family residential area. And then north across Cutler Road, old Cutler Road is a church and the parking lot for the church. So history-wise, before Town and Corporation, this was Miami-Dade County when the properties were built under what was then a two-family residential MU2, sorry, RU2 zoning. And that permitted the two-family residential units. Then after Town and Corporation, your zoning map and your land use maps were adopted. this designated with what is the current zoning the land use being uh sorry land use and zoning land use being mixed use with a small strip of low density residential on the south side. And I was just talking to Tom Clark, something was wrong with the image, but it's in the manager memo, there's two different maps. So you will see there is a actual split in the land use designation there with that single family kind of bordering where the single family is. And then with the zoning, designating it as the neighborhood center one. So To give you an overview of what the density and intensity allow for the current land use and zoning and then what would be under what is proposed, currently the mixed use allows 30 dwelling units an acre and a 2.0 FAR, where the zoning of the NC1 allows 15 units an acre and it must include a non-residential component. So it has to be mixed use, it can't just be residential. Then with the proposed land use and zoning, the medium density residential allows between 5 and 13 dwelling units an acre. Which math takes you to 2 units per lot because they are. The density, and then the 13 allows a base of 10 units an acre, but that can go up to 13 dwelling units an acre. If a green density bonus is achieved, which would then again pencil out to 2 units per lot. Moving into the analysis of this, so of course my first consideration is what does this do impact-wise to the town's long-term intent for this corridor? And I spoke with your town staff and trying to get a little bit more of the history of how we arrived at the land use and zoning that is there now. But overall, when considering mixed use development, you have to not only consider the character of the area, but the lots themselves. So really looking at this with the types of uses that would be allowed under that NC1 zoning, there's just been no trend in the direction to change any of that along this corridor. And understanding when you combine the whole block, let's say everything on this block were to redevelop, the depth of the lot is very unsuitable for a larger scale development. And that is concerning where you just may never see that because you're going to end up with problems addressing drainage, parking, traffic flow. So in the sense of the way that is developed at this time, it meets that character of not having to address a larger scale development. Part of why this may have happened is sometime around 1015 years ago. Cutler road has. Been widened with sidewalks medians and that may have been what took a little bit of land off of the front of the property to. But overall, we've looked into growth management plan and the land development regulations as far as zoning criteria goes. And I wanted to bring to your attention specific policies. There's several laid out in the manager memos, but the two that I wanted to call to your attention were in the growth management plan policy FLU 4A, which calls for appropriate transitions between residential and higher intensity mixed use. there's just not enough space for that transition if a mixed use, more intense development were proposed there. The other one is policy flu 4G, and this requires protection of single family residential from non-residential, high density residential, or other inappropriate intrusion. So given those two policies, those really stood out the most that would not support a mixed use type of development. So with that mostly in mind and recognizing the overall intensity that, you know, where compatibility would be in a matter of protecting that single family, we overall have a recommendation that considering site history, nonconformities, growth patterns in the area, That we are recommending approval of the applications and that concludes my presentation again. Like I said, it is really for both of those applications and I believe the applicant also is present with PowerPoint. They are available if you need to see that and otherwise I'm very much. Thank you.
Julian Gomez Perez?
Yes, Julian Perez again. We have the applicant here who's ready to make a presentation. And with that, I would like to call Mr. Simon Farrell. Mr. Farrell.
Good evening, Mr. Mayor, members of the board. My name is Simon Ferrum, the attorney for the applicant FJ, I call it FJAM Investments LLC. Before I make a presentation, I would actually, in speaking with Julian today, I am told that there is some concern regarding the approval or the change of the amendment to the land use amendment on the property. I will say that only reason we're asking for it is because we're actually down zoning this property to make it more compatible and to actually make it buildable with that said I would respectfully request a 30-day deferral we've for this reason we I started discussing this application with when Dr. Runster was here so it was a couple years ago, and we tried to define and refine what could be done under NC1 and under the mixed-use designation, and it's proven to be an impossible task, to be honest with you. I've talked to Julian also, and even though I think we've try almost every option and again in order to better address the concern you have that i think you have i'd like a 30-day referral so that we might be able to rethink um if there's any any other option there may not be Uh, but, uh, that that's what I would like to request. If not, I'll make a presentation and we can take it from there. But, uh, it, it, there's, uh, it's we follow the application. We're the ones who basically suffer the, uh, you know, the, the issues of of of the time. Um, I, I don't believe I don't know. There's any anybody here against the application or. concerned about the application we're meeting to meet with we're willing to meet with them too but that's what my request would be respectfully for a 30-day deferral to see if there's anything else we can do to to address the issues that I think you might have if not we'll make a presentation and and hopefully you can help us work out a way where these properties can actually be developed in a reasonable way because again, based on our review, it would be very difficult to do so under the current zoning and land use. So that's my initial request and I would respectfully make that request.
My personal opinion is that we're here. You've had a chance to work with the staff already, so I'm not in favor of a deferral. So if you want to move forward with the presentation unless the council has any different opinion on this, no.
Go ahead and then I would.
May I give you this? Clark will give news.
Yes. Thank you.
is this where i work the um powerpoint yeah oops good thing you had your mic on mitch Okay, so this property is located, well, let me explain what our request is. I know you've heard it before. We're asking for a small scale amendment to the flume for mixed use and low density residential to medium density residential and a zone change from NC1 to single family and single family residential to MR13. The purpose of the request is to develop these two lots in almost the exact way that the other lots, developed lots on this block face are developed, which are basically duplex or two family residential units. should this application be approved we would file future applications for site plan approval and green bonus for density and a small variance for interior setback lots four and five on block three uh less than north ten feet for right-of-way are these two lots uh the addresses is 200 150 and 200 160 old cutler road these are vacant lots they are irregular lots basically 175 feet of frontage by between uh 50 that's that's a typo between 50 um and uh 38 feet um in in uh in uh in width actually uh that would be uh 50 feet in width uh these are two of the last three vacant lots on that block face the current flume designation again mixed use and low density residential current zoning is nc1 and single family these are the two lots and these are a close-up of the two lots These are copies of the surveys showing the depth, which is between 150 and 138 and the lots of the frontage. If you look at the plaque, they're 50 feet by 150 feet of depth, but because they are on a curve, the actual frontage is about 157 feet and then it tapers down to 50 feet in the middle. this is the flume designation for mixed use for the whole length of old color road and here we are and you heard before about a strip of land running behind these lots that is low density residential And here it is. Nobody can remember as I've spoken to staff and this happened in 2008, so this was approved in 2008. Why they left that strip there? Nobody seems to know why. Nobody seems to know what the depth or the width of that strip is, but it may have meant to be a buffer. But what it actually does is. create a greater a greater burden on the development of these lots because if in fact it is a buffer of some sort then you've just shortened the the size of a lot um you know these two lots if you can see uh already have given up 10 feet for right away of old cutler so instead of being 150 feet in depth they're 140 feet in depth um This is the NC1 zoning along Old Cutler Road. As you can see, it matches basically with the land use designation for mixed use. These are our lots. The original zoning, and you may have heard this before from the prior presentation, these lots have been developed since 2004, 2005 before the town incorporated. these are the only two lots that remain in the middle of this block that are vacant there are five lots that are already developed on this block face they were developed before the town incorporated in fact way before some were developed in the 1970s these are pretty old um Duplex homes that were developed into the county code, allowing for duplex homes. The lots are all fairly similar in size, but they're small. Each 1 of our 2 lots is approximately 7500 square feet. On the block face, the existing. duplex lots appear to be rentals and i say that because i checked and there is no homes at exemption uh given to any of these lots so i think we can safely say that they are not not owner occupied they are rental um the there's a strip shopping center right next to us um that was also developed and built before the incorporation of the town. That is also has a similar zoning and land use classification as we do. But as you can see, it is nonconforming. It does not meet in any way your criteria today. As do none of the lots that are developed on our block face. to our south is a residential development called Alexander Estates. This was probably the last development that was approved under the county code right before incorporation and it approved a a residential development called RU1MA under the county zoning code. These lots are small lots, 50-foot frontages. Some are 5,000, 6,000 square feet. They range from 10,000 to 5,823. And they abut us immediately to our south. They are all two-story homes. And I show you this just again for you to see what occurred right before incorporation. So this map was provided when they rezoned the property south of us to the Alexander Estates. This is a map of what the zoning looked like in Miami-Dade County at that time. So you can see that our properties in green are zoned RU2. And that's why the other properties were developed as RU2. You see the BU1A next to us, that's that strip shopping center. And then the lines, the properties with the lines below, GU and AU, those were then rezoned to the RU1MA. All those small lots that are currently existing to the south of us. why are we requesting these amendments the main issue that prevents us from developing this lot in a reasonable way is the requirement that you have in your code and not only in your zoning code but also in the land use code that these properties fronting on old cutler must be mixed use there's there's no way you can get around not developing these properties as a mixed use. This is the mixed use criteria you have in your land use code. And we also are in what is called the old Cutler Road corridor. That again basically says you've got to have two uses. And if you're going to have a residential use, then the use cannot be more than 80% residential and not less than 20% residential. So let's say we were going to develop these lots according to the current zoning and the current land use. We would either have to go completely commercial with two uses and mixed use, which we don't believe is the proper product in these two lots we believe this would be a commercial intrusion in within a what is basically a residential community not only on our strip but also to the rear of us the nc1 allows a higher height than what we're proposing we we would be proposing a two-story two two-story duplex units on each lot. The properties behind us that are residential are two stories. So we're completely compatible with the properties to our rear, which is a very stable residential community. Were we to try to develop this property under NC1 and mixed use, we would probably have to go three or four stories because we have to taking into account the mixed use relationship and product that we have to provide. But that's not the only obstacles in developing mixed use on this very narrow strip. And I will just here often say first that in 2008, when your land use code was approved and the NC1 and the mixed use, were approved. And you can see the big swath of NC1 and mixed use that is the corridor, the old Cutler Road corridor. In those days, it might have been a good idea or it might have been a good vision for the future, hoping that in the future, developers would come in, maybe assemble properties, and take advantage of the higher densities and mixed use elements that you are basically allowing them to provide a long old cover. It's been almost 20 years and not one developer has knocked on any of these doors that we are aware of to try to assemble and buy these properties. My clients bought these two properties and there was nobody standing in line with another contract to purchase them. And I think the reason is that developers probably have looked at this map and arrived at the same conclusion that our architect arrived at and said, we can't fit a mixed use development within such a narrow strip of land. And with me today is Mr. Edmundo Aldrey, who's our architect, who I will ask, address you very briefly so that he can explain why you can't fit a mixed use. And with all the criteria you got to meet within these two properties, not only do you have to have a mixed use, But unless you get a variance at some point in the future for development of these properties along this corridor, you must provide tables and benches for people to be able to sit on and enjoy between the buildings and Old Cutler. So, The reason that we are here today requesting these very unusual requests is we, I understand I've been doing zoning for work for 47 years. And I understand that if this is approved, you're going to see a map of red right on our strip with a couple of lots that are of a different color. So I completely understand the unusual nature of looking at that map. it is not it would not be extraordinary or illegal for you to do so you can do so if you you know if you think that our our application has merit there's nothing that stops you from doing so and in fact there's nothing that stops you from maybe in the future reassessing this at least this strip to maybe change the land use and zoning designation because of the difficulty and almost, I would say, impossibility of developing these properties as a mixed use. Again, not only were these properties not designed for mixed use, but it would, I believe, intrude a use that is not compatible with the other properties on our strip and with the properties immediately to our south we're not asking for anything other than being able to develop these properties as duplex units just like the five other lots on this strip developed before the town incorporated. We're not asking to increase density. We're not asking to increase intensity. We're not asking for more height. What we're telling you is that if we even tried and we believe it can't be done, but if you were to try and to fit a mixed use on these properties, we believe you would have to go between three and four stories. you may have you will have a lot of issues with parking because you've got to have to you're going to have to have at least two parking spaces per unit so assuming you have two units per lot that's four parking spaces this is under NC1 if you have to assuming you do 80 percent of the development is residential you've still got to do 20 percent as retail So you've got to incorporate retail on the bottom floor. Your code says on this trip, you do retail on the bottom floor under NC1. So imagine trying to fit within these two lots one building. Now, you can probably merge two lots, make one building. Still, you're going to have to incorporate commercial on the bottom floor and then residential on the top floors. you're going to need and i will i will have um mr aldrey address you um in terms of some of those issues you will you will need parking spaces that address not only the residential but also the commercial including handicap which at this point if you do two duplex lots or one duplex on each with two units you're gonna have you're gonna have just for parking spaces, which can come in and out. The more parking spaces you need, the more space you need for parking, and the more space you need for a turnaround. Because you need a turning radius to come in and to come out. So there are a number of really difficult design features that just cannot be integrated into a design on two lots, which is all we have. And I think it's all we're going to have there for a long time. order to comply with nc1 and with the mixed use so we understand that what we're asking you to do is somewhat of an awkward thing but it is the only thing that would allow a reasonable use of these two lots so with that said i would like to ask mr aldrey who's the architect, to very briefly explain to you in more technical terms and as an expert, I'm not an expert, this is more technical, for the record, what would have to be done and what the challenges are.
How are you? My name is Edmundo Aldrin. I'm an architect. I'm also a building official. I tried to design the parking, tried to look for a solution of this parking in case you need the commercial part on the first floor, you will have to go minimum six parking spaces, including at least one handicap. And that will be almost double the parking spaces that if you only have four regular parking spaces at a and a half feet. If the geometry of the plot makes it look like a flag, and then you lose both corners at the beginning and at the end, you will lose this corner here and this corner here because of the geometry. You cannot go back to back. I even have a a hell of a hard time trying to back these people to exit without going into reverse into the Old Cutler Road. We already lost this area here for the work being done in Old Cutler. But look at the geometry here. This area I lose completely and this area I lose completely. I will have to develop the buildings in between this line. So it's a pretty small building. I don't have any space to move in there. And I only end up having four parking spaces, which after many ways of looking at these, I was able to back up here and then exit into the old quarter. This is only residential. If this will become commercial on the first floor at 20% rate of the whole property, I will have to add And at least an extra accessible parking, which is 12 feet, plus another five is almost 20, and another parking more. This line of parking spaces will be all the way to here. What you have left is nothing. It makes the land very difficult to do anything with it. I am a handicapped person. I don't think that you should have at the first floor commercial and then two stories of residential on top. The third floor would be very hard to be used for anything other than people that be able to go to the third floor. I try to do this as one lot also. but then the packing on each side with a center rod in the center, I cannot do it with the turning radius because this is in an angle. If I make this 90 degree with the land where the line that i have here i will have no parking space to be able to back another 24 feet between them so i have done more than one trying more than one option to design these i don't see that that that it will be feasible or beneficial for the use of the lot i think the best that they can do there is have the four parkings in the front And they're really tight. I had to do this like a wave here so this parking could go back up and then exit, and then the other one back up and then exit. But every time, it goes deeper and deeper because the geometry of the lot. It's not a regular lot. It is a very skinny lot. And then you have this restriction in the back for green bonus that they're requesting. I read the requirements. I understand what they want. They want to frame the road. and then have commercial at the bottom so people could walk. Do like a type of like a walkway or something to, you have different type of business going in the first floor. But even if you have those business on the first floor, there's an impossibility to put this parking lot in the back. There's no way I could put this parking lot in the back and have access to that. So if I have this parking lot in the front, whatever idea to have this commercial area next to a walking corridor here will make it like almost impossible. You will have to have at least four parking spaces in front of it. There's no way you could put parking on the side. There's no way you could bring the parkings to the rear and then have access from the front. That is the reason why this plan have developed in these areas.
I mean- Very much for that. Mr. Farrow, is there anything else you'd like to add?
Thanks.
So again, just in closing, you can see the situation that this property is in. We're not trying to exploit anything in the code. All we want to do is two duplex slots, two duplex units like the other duplex units on the same block phase. We're open to any suggestions. that the council might have in terms of how this could be done. We're not here, again, trying to exploit this property as a big shot developer. We're just trying to do what is already there, what the product that is already there. And in hindsight, I believe that in 2008, extending the NC zoning classification to the strip, which is not the right thing to do because nobody actually did the numbers. Again, it might've been a great idea to see, and I understand the concept of the center, of the town center and of that strip of land being walkable, but it just doesn't work. physically on this strip there's no way that this zoning classification and this land use classification leads to anything that that is doable on these two lots so you know we're open to suggestions we're you know if there's any other variants any other issue that can be brought before you in an application okay we're willing to consider it we believe that this our idea and the and trying to rezone these two lots and building two residential lots on these on these two lots protects the folks at the back and protects the folks on our block phase. And I would also request time for rebuttal in case there's any other presentations against the application.
Thank you very much. You said a couple of things I'd like to point out. Yes. This was originally the idea of having a different corridor on Old Cutler. mainly between the two traffic circles began back in 2003, and I was actually on the council in 2008 when this was approved. And it's been pretty consistent along the lines of wanting something different in that area. I'm not really in favor of piecemeal changes, which this says it's a piecemeal change, two units in the middle of five. And some of the things that you said to me that, you said 20 years is a long time, I'm going to disagree with you on that. You look back on the Charette for Southland Mall was 20 years ago, and it took a long time for all those properties to be consolidated under one ownership and move forward, which is a development which is in line with what the citizens of Cutler Bay wanted. By doing this one variance, you remove the ability, again, you talked about the assembly of the other properties, and maybe that's what would have to be required to make the change necessary for this to come in line with the vision of the Charette, which was held back in 2003, and will the people, especially the council back in 2008, doing this change of this future potential for any type of redevelopment in line with that vision. And I disagree that it's impossible to have something maybe for these two individual lots. It's impractical at the very least. I might agree with that, but it's not impractical or impossible to look at other variations of this, especially when you consider the opportunity for, as you mentioned earlier, the assemblage of the other properties in the area. Um, but, you know, that was just my opinion. I'll defer to the rest of the council for comments.
Councilman Duncan, you're recognized. Thank you. Mr. Mayor a few questions and then a comment when the applicant purchase the properties was the applicant aware of the current zoning and whatever limitations that might have presented.
I don't believe the applicant did any due diligence on the issue. That answers your question. I did not represent the applicant when he bought the property. Okay. So I can't tell you what was going through his mind. I think he saw an opportunity and he bought it.
And then a question, I guess, for our town staff. If a change like this were to be made on these two properties and we're going to mixed use, and let's say mixed use in general, what's the maximum height that a mixed use residential building can be? I understand that the applicant is looking at two stories, but in the future, what could theoretically be the maximum height in that regard?
I'll call up Julian Perez to answer that question. Or Kristen, whichever.
Give me a second so I can pull out the section of the code. I appreciate it. So I think if your question is correct, you're referring to the maximum density units per acre, okay, on an NC1.
What is the maximum height?
Okay, all right. I can get to the height, yeah. All right. Let's just give me a second here. All right. Okay. the the maximum height that will be 35 for nc1 over there 35 35 yeah 35 for nc1 okay and 45 uh no i'm sorry 35 for sd1 and 35 for uh and c true and then for mixed use so with the proposed change right correct that's going to be 35 so roughly three stories yep okay so my concern
just to put it out in the open, is with the piecemeal approach, this current applicant is proposing to keep it to two stories in line with the single-family homes that are behind the property. What I'd be concerned with is that we would be setting a precedent on these two properties in between the other properties in which now a future developer, a future purchaser of such properties could make the argument that while the town council has allowed the change to a mixed use from resident from NC1 and they might not be as willing to stay to two stories and would be as of right theoretically to go to three story or 35 feet so three stories if they wanted and then that is technically not in line with those properties that are behind them um so it it really is kind of rock and hard place i i am sympathetic towards the applicant uh in in not being capable of really doing much of anything with the property as it's currently zoned. I do echo what the mayor did say. I mean, the Charette, there is no town without a Charette. We don't incorporate, we don't get to where we are today without the residents and the members of the community that came together and kind of put together that vision. And the NC1 district very specifically is for those purposes. um i would be weary of opening up those floodgates for future development i would prefer the whole thing get redeveloped as one we know what's going on as opposed to the piecemeal approach because who's to say a future purchaser of other properties coming before this council uh requesting the same type of changes to a mixed use uh zoning would not be as respectable or respectful to the properties that are behind it So that is that is really the risk that we would be taking if any sort of a change like that were to occur. That's my opinion. Thank you.
Thank you, Mayor. While I am also sympathetic that this property owner potentially did not do their due diligence when they were purchasing these two properties. Frankly, that is not our concern, right? I'm not a fan of spot zoning, and that's exactly what we're being asked to do, right? And I have real problems changing our future land use map. real problems. I've been very vocal about that in the past. I have voted twice to change it, but in those votes, they made sense. One was when our eight and a half acres on Old Cutler was being changed to a protected resource, and the other was when we had a Chabad come before us, and they literally had nowhere else in town to go, and that was their religious freedom. And so I was very comfortable changing it for them, right? I do recognize that the project does meet with the character that's currently there. And I'm actually not opposed to the renderings that were provided to us of what could potentially be there. But as you mentioned, four of the adjacent properties were built in 1972. before we incorporated. One was built in 2004. We incorporated in 2005. And after we incorporated, we charged our old Cutler Road Charette with a big picture future plan for old cutler road right and the spot zoning request slaps in the face of what these residents did and these these were 29 members on a steering committee one of whom became our vice our first vice mayor and then a mayor right one is the legendary louise lockwood who's no longer with us but she is very well known to this town right And they worked for seven days with the Treasure Coast Regional Planning Committee in March of 2003. Prior to our incorporating, they were that forward thinking. What do we want to see on Old Cutler Road? We don't want to see a bunch of duplexes. We happen to have some there now. Yes. But one of the things that they actually discussed and they worked very hard on this. I went back and looked at the charrette because that's the things I do. But one of the elements they discussed. And it's a very important element for Old Cutler Road is better accessibility, walkability for residents to access goods and services along Old Cutler Road. That was very important to them and it still holds very important to a lot of us residents. spot zoning this these two properties i i recognize the difficulty that the owner is having in in doing a mixed use i can tell you that i am not okay overlooking the hard work by our residents on the old cutler road charette and the resulting master plan we had from that charette and um you know i would no disrespect to the owner i would i would prefer to see those lots empty until we can develop them in a hole for a mixed use. That's my opinion. Okay.
Vice Mayor Callahan, you're right. Thank you, Mr. Mayor. I just have a couple questions. One to the town manager, if you can answer this one. In substantial compliance, does zoning, does that include zoning as well? So I guess maybe let me put my question this way. So a hurricane comes along and destroys the existing duplexes beyond what our current substantial compliance percentage is, and they have to rebuild the current code. Do they have to rebuild to zoning as well?
I'll let Julian Perez answer that. He'll have to process it. They would have to because they're legally non-conforming. You said that time.
So if we were to approve this, this application to change the zoning right now, we would have two story zoning. duplexes which one is not consistent with the duplexes are there and then hurricane comes along or god forbid a fire comes along and destroys the existing duplexes and now they have to be rebuilt to a mix use so now we have mixed use with residential again right so in in theory if if these existing duplexes were to be destroyed we're in the same predicament but on the opposite side
Because if they do have the approved land use and the rezoning, if we have an event where there is a substantial damage, then they would have to build consistent with what the land use and the rezoning requires, as well as what your floodplain management ordinance requires.
Yeah, so if... these if we were to change the zoning and duplexes were to be built into that empty lot and a hurricane or a fire comes along and destroys the existing duplexes those duplexes have to be built back to the current uh zoning correct use right so then it's then it's still not consistent no no if you change the zone then they have their then they would be zoned properly
it doesn't if you if you adopt these amendments that are being proposed to the flum and the zoning amendment you will have changed the zone only on those two laws on those on those right and then yes and then if all of the other duplexes around them were destroyed they would have to come back as mixed units that's what yeah and these two would be allowed to continue continuous correct yes okay yep that's all i have thank you all right council members you have anything on this
Unfortunately, they asked all the things that I wanted to ask, and I'm actually on board with not not being in favor of having 2 different zonings and 1 property and 1 property. And, you know, thank you vice mayor for. not just looking at what's going on today, but what happens in the future, okay? We do live in a hurricane alley. I mean, at some point, I hate to say it, we're probably going to get hit again. And it just doesn't allow, it doesn't make sense to have something right now smack dab in the middle of an area that these people can't do anything other than what they have now. And it just doesn't, it's just, unfortunately, it just doesn't make sense. So I would not be in favor of the change.
Mr. Farrar, I would allow you to go ahead and reboot or close, not reboot, sorry.
No, listen, I hear you all. So we would like to withdraw the application.
All right. OK. Application withdrawn, both items A, B, C are now? Yes. OK. All right. With that, we have nothing else on our agenda. Just one quick thing I want to just, thank you, Mr. Farrar, I appreciate that. Thank you. Didn't have intention to move on too quickly without allowing people to say goodbye. So thank you very much for being here. Just real quick. You see, I got a little box up here and you see one says waste and the other one says Tara biochar. And we all know that what we call lovingly Mount Trashmore or Trash Mountain just to the south of Cutler Bay, where they seem to let the height grow every time they need more room, just keeps growing and growing. So the county is starting a new experiment where they're taking the stuff that would normally go in the landfill, which is all the vegetation, landscaping and stuff like that. And instead of just dumping it there with everything else, they're turning it into what they call biochar. And biochar is basically charcoal can be used as a filter for cleaning water. It's got many other uses. Actually, the University of Miami, they're working with the University of Miami and mixing it with concrete to make concrete more durable with less cracks. Now they're experimenting with asphalt as well. So taking trash, what was trash, just letting it pile up and turning into something good. Moving forward, the very first Debris that they're using for this experiment is from the town of Cutler Bay. It's all that invasive vegetation. They're taking it and they said, oh, this is good, clean stuff that we need. And I had the opportunity to go to the top of Mount Trashmore. Beautiful view up there. Smell wasn't too bad that day and watched them do this experiment. It was very exciting for the county, finding innovative ways to get rid of our debris. And eventually, so we don't have very many things going into our landfills anymore. So it's a step along the way. And Cutler Bay gets to be a part of that, the very first experiment. So hopefully that'll move forward on that. So it's very exciting. So with that, I think we've covered everything on today's agenda.
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