Commission overturns CZAB denial and approves 97 & 114 LLC rezoning after debate over tree removal, fill and stormwater

After lengthy public comment and a detailed exchange with county regulatory staff, the Miami‑Dade County Commission approved a rezoning filed by 97 & 114 LLC (Z2022000309) over a prior Community Zoning Appeals Board (CZAB) denial. The item generated extensive testimony from neighbors who alleged unpermitted tree removal, fill, pesticide spraying and new flooding.

The applicant and counsel presented the proposal as a 22‑unit single‑family estate subdivision (EUM zoning requested) and said the development would not increase the CDMP‑level density beyond the existing entitlement when paired with workforce housing rules. The developer said it had negotiated a settlement with many—or some—neighbors, secured letters of support and agreed to a covenant and site modifications designed to address neighborhood concerns.

Residents and neighborhood association representatives described earlier clearing and alleged illegal fill, pesticide application and tree removal; several speakers presented photographs and a citizen complaint file given to county staff. Eric Silva (zoning director) and Christine Velasquez (Durham/DERM) confirmed county inspections: Durham issued a field notice on Nov. 22, 2024 related to specimen trees removed without a permit and issued a ticket on Jan. 14, 2025; Durham also planned further investigation and sampling related to fill placed on the site.

The applicant submitted a private settlement agreement and a covenant recorded in the application file that included: construction of a six‑foot retaining wall and landscape buffer along selected property lines, a public dog park to be constructed and maintained by the HOA but available to the public (hours limited to daylight), limited single‑story homes on the edges of the development abutting existing houses, dedication and construction obligations tied to a 99th Avenue right‑of‑way or provision of a cul‑de‑sac, and a requirement to submit a revised covenant within 30 days.

Commissioners pressed staff and the applicant on several technical points: how many units could be built "as of right" (staff and counsel clarified differing analyses but confirmed up to 22 units could be achieved under CDMP/workforce housing rules depending on lot configuration), the obligation to construct or accept dedication of 99th Avenue or an alternative cul‑de‑sac, stormwater requirements (new stormwater rules apply to future permits), and the status of Durham enforcement actions on tree removal and fill.

The applicant agreed to the three neighborhood amendments placed on the record by staff: (1) reference the new site plan with lower‑unit lots on the perimeter and single‑story homes at the north/east edges; (2) construct the dog park and post signage restricting hours to daylight and open to the public; and (3) submit a revised covenant within 30 days. The applicant also agreed to landscape commitments and to work with the county on dedication/road provision and stormwater infrastructure to meet county code.

After deliberation the board adopted the rezoning consistent with staff recommendations and the recorded covenant. Commissioners recorded the vote as passing unanimously. Staff said Durham will pursue enforcement and characterization of fill and tree removal claims through its permit and enforcement procedures; those enforcement actions are separate from the zoning decision.

Neighbors were urged to pursue Durham's enforcement process for land‑clearing complaints; the applicant said it would cooperate with county inspections and, where necessary, seek after‑the‑fact permits or remediation. The board's motion and record tie the approval to the revised site plan and the recorded covenant with neighbor enforcement rights.