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HomeMy WebLinkAboutCC 2019-11-21 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com TY !DIT A NN� i * I N C 0 R P CBATE0 -s / Meeting Minutes Thursday, November 21, 2019 2:00 PM Planning and Zoning City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 21, 2019 ORDER OF THE DAY CALL TO ORDER Present. Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 21 st day of November 2019, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Russell at 5:09 p.m., recessed at 5:17 p.m., reconvened at 6:46 p.m., and adjourned at 8:15 p.m. Note for the Record. Commissioner Carollo entered the Commission chambers at 7.23 p.m. ALSO PRESENT. Francisco Garcia, Planning Director Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: All right, just a moment. Victoria Mendez (City Attorney): And continuances, no? Vice Chair Gort: How about deferrals? Ms. Mendez: The deferrals -- Chair Russell: They'll -- you guys will never get out of here in time for this. All right, so, yes, we can move on that, but you've got to open the PZ (Planning & Zoning) agenda, correct? Ms. Mendez: Yes. Chair Russell: All right, so we -- Commissioner Reyes: Open the agenda. Chair Russell: All right. We are back in order. The City Attorney is going to read the rules for the Planning and Zoning meeting at this time. Ms. Mendez: I'll try and speed read it. P&Z items shall proceed according to Section 7.1.4 of the Miami 21 Code. Before PZ items are heard, all those wishing to speak must be sworn in by the City Clerk. Commissioners have been briefed by City staff and the City Attorney. Members of the City Commission shall disclose any communications, pursuant to 8601](5) [sic]. Any person may be heard by the Commission through the Chair for not more than two minutes before -- any proposition before the City Commission, unless modified by the Chair. If it's continued, they could speak at that time. The Chairman will advise the public when they have the opportunity to speak. When addressing the City Commission, the person must state his or her name, his or her City of Miami Page I Printed on 211812020 City Commission Meeting Minutes November 21, 2019 address, and what item will be spoken about. Staff will present the item. The order of presentation shall be as set forth in Miami 21. For appeals, the appellant will present first, then followed by appellee, and then staff. All persons testifying must be sworn in. Anyone requesting action by the City Commission must disclose pursuant to Section 2-7. Any documents offered to the City Commissioners that have not been provided seven days in advance shall be done at the discretion of the Commission. Thankyou. Chair Russell: Thank you very much. Later... Chair Russell: All right. So we just have a few minutes --and I really apologize --for public comment. Unidentified Speaker: This is -- Chair Russell: We need to swear -- do you need to swear them in, Mr. Clerk? Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you'll be speaking on any of today s Planning and Zoning items -- any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. Later... Chair Russell: All right. We'll open the Planning and Zoning meeting again, please. And thank you all for your patience. Before we continue with public comment, I'd like to do the order of the day, if there's anything that the Administration would like to see continued, deferred or withdrawn before we open public comment. We'll know what we're up to speaking about. Francisco Garcia (Director, Planning): Yes, sir. Thank you. I had just brought to your attention that I had received requests from applicants to continue Items PZ.1, PZ.2 and PZ.3. PZ.1 -- to place it on the record -- is the proposal to rezone properties at 1628, 1632 and 1642 Southwest 7th Street. And the request is to continue that to January 23, I believe is the Planning and Zoning meeting of the month of.lanuary. And as pertains to Items PZ.2 and 3, these are companion items. And again, to place it on the record, they pertain to land use and zoning changes for properties at approximately 860 Northwest 1st Street. The request there is to defer it indefinitely. And the applicant is fully aware that they will have to incur all expenses to re -notice it and re -advertise it. Commissioner Reyes: Mr. Chair? Chair Russell: So PZ.1 is a continuance; PZ.2 and 3 is indefinite deferral. Mr. Garcia: Yes, sir. City of Miami Page 2 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: Thank you. Mr. Garcia: Sorry, not tentatively a continuance, I believe, because it is to January 23, as opposed to December, so deferred to --. Chair Russell: Okay, so not a continuance, a deferral to Jan -- the second meeting in January. Mr. Garcia: Yes, sir, please. Chair Russell: Commissioner Reyes. Commissioner Reyes: Yes. I also would like to defer, continue, whatever it is, PZ.4. We were going to have a sunshine; we never had it. I want to be able to prove that in -- unless we use the AMI (area median income), the intent of the benefits the way that it is, the -- I mean, it totally is not realistic, and we are not helping the people that we should be helping. Over -- we have a great majority of the people -- I mean, the residents of the City of Miami, they are rent burdened. And rent burdened is when they are at -- they're paying rent that is 30 percent or more. And I can prove to you with statistics that by using 120 over 100 percent, even a hundred percent ofAMI, that defeats the purpose of it because if the intent of us providing additional density or additional floors, it is for us to receive affordable units, you would be -- and once you allow them to go a hundred and ten -- 20 percent, you are not helping the people that are on the left-hand side of the AMI, which is the people that we want to serve and we want to protect. You see, that is what -- something that I would love -- I mean, we -- last time, you said, "I want a sunshine meeting," and we never had it. And I think that -- and now that we're going to have a new Commissioner, for everybody to understand my -- why I am saying this and my opposition to this. It is not that I don't want to provide and offer, you see, additional density and additional floors, give them an incentive. The thing is that we must receive in exchange affordable -- real affordable housing. If -- Chair Russell: Understood, understood. Thank you. Your point's well taken. The intention here is that we don't have -- we can walk and chew gum. We need to do it all. We need ELI (extremely low income). We need workforce housing. Commissioner Reyes: No, no, no, no, no, no, no. Chair Russell: So, please, let me finish. And to say that we're not serving the communities that need the help is not actually true here. In this case, in downtown -- Commissioner Reyes: Sir -- Chair Russell: -- a -- may I finish? Commissioner Reyes: No. Chair Russell: I'm sorry. Then, I'm done. Commissioner Reyes: I'm going to -- Chair Russell: No. No, no, no. Commissioner Reyes: -- ask you a question. City of Miami Page 3 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: Please. You have spoken. Commissioner Reyes: Okay. Chair Russell: And -- no, you have -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: -- spoken, and I let you speak until you were complete. Commissioner Reyes: You said affordable housing. Define (UNINTELLIGIBLE) -- Chair Russell: Workforce housing. Commissioner Reyes: -- what was -- Chair Russell: This is not an affordable housing. This is -- Commissioner Reyes: -- what is workforce? Chair Russell: -- not affordable housing. This is workforce housing. Commissioner Reyes: But what is workforce? Chair Russell: It is defined. It is absolutely defined workforce housing, and that is something that we need. And so, as the market grows in that area, as the market grows in that area, those units will stay restricted and it will serve people that otherwise would not be able to live downtown, five years from now, ten years from now. Commissioner Reyes: Let me tell you -- (UNINTELLIGIBLE) defer from that. If you define "workforce" -- and that's a misnomer. Workforce -- the workforce is anybody that it is available -- working or available to work. That includes even the dishwasher, the person that is a custodian here, or yourself and myself, okay? We are part of the workforce. Sir, allow me. Chair Russell: I haven't said a word. Commissioner Reyes: Okay. By us -- I think the intent of the law -- I mean, now you want to bring people to downtown Miami. Let me remind you that at our last meeting, you said we are -- "I'm talking about teachers. " Well, teachers -- their salaries -- teachers -- the teachers' salary, it is -- they start in not on -- not even 40,000. Now, the Governor wants to bring that up. And by allowing the use of 120 percent of AMI, that -- it is for people that are making over $66, 000. Chair Russell: Household. Commissioner Reyes: Household? Multiply -- Chair Russell: No, no, no. Household, meaning -- Commissioner Reyes: Household or -- City of Miami Page 4 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: -- multiple incomes. Commissioner Reyes: --individual? Chair Russell: Multiple incomes. Commissioner Reyes: Or individual. Chair Russell: Household. Commissioner Reyes: Households or individual, okay? Even if they are making -- the household is making -- together, they're making $66,000 as is -- each one of the couple, they're making $30,000, they are -- by definition, they can charge 30 percent of that number, of 36 -- 66,000. That's $19,000 that they could be charged a year. That is 30 percent. That 30 percent, it is considered by all definitions, even the Census Bureau, everybody, that they are rent burdened. If they pay -- let's say that they are -- they can pay -- as you said, there are people living there, and they are making $59, 000 or $55, 000 per household, they are extreme rent burdened, and that is the fact; if not, I will strongly recommend that you do some research of what is rent burden and what the program that we are -- or they are being placed in by you guys here of offering incentives, it is -- according to my understanding, it is to help people that need help, people that are on the left-hand side of the median income. You see, when you allow them to charge 66,000, they are on the other side of median income, and we are not serving the people that we need to serve, the people that they are not making that much. And yes, they might be able to rent it, but they might be paying 54 or 55 percent of their gross income, okay, which, by the way, it is a wrong measure that two weeks ago, I was -- I had this conversation with a district -- regional HUD (Department of Housing and Urban Development) District from Atlanta, and she agrees that you're measuring of gross income and they are paying it with net income, okay? And yes, they can move there. They can move there, but the type of workforce that you want there, it is a workforce -- if you don't want to burden them with rent -- if you want them not to be rent burdened, you are offering this -- those apartments to people that they are making over -- couples that are making over $66, 000, and not everybody makes that. So, I think that this defeats the purpose or the intent of the program. And the difference between a hundred percent and 120 percent in those apartments is very little. And I'm going to say and state real blunt, if we are offering incentives in exchange for affordable housing, we should obtain affordable housing. And affordable housing has to be below, below the -- I mean, either a hundred or below a hundred, because what you call workforce -- workforce, we are all members of the workforce, every single one of us, you see? Every single one. And that's what I want you to read, to understand that if this program really is -- the intent of this program is to provide housing to those people that needs it, this is not the way to go about it. A hundred and forty or a hundred and twenty -- Chair Russell: You've made your point. Commissioner Reyes: Okay. Wait, yes, I'll make it, and I will make it again. Chair Russell: You only need to make it once. Commissioner Reyes: Okay. What now? Chair Russell: It's clear. Your point is taken, and we simply disagree. You're never going to come to my side and agree that we need workforce housing as workforce is City of Miami Page 5 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 defined. Workforce is not the dishwasher. Workforce is the young -- it's not. Under the definition of "workforce, " it is a higher rate than the dishwasher. The dishwasher is at the affordable level -- or at the ELI level. And so, the workforce is for a family of a teacher and a fireman who live together. For example, that qualifies in the workforce category. Commissioner Reyes: But they -- let me tell you this: Then if you're going to do that, and provide any incentive -- right now -- and I have here rent from -- I have here rent from that area, and it is 1,900, 1,800. That -- it is market rate, so that is market rate. Chair Russell: Right. And so -- Commissioner Reyes: That is market rate. Chair Russell: -- in an undeveloped area, which that area is at this point -- there's still a lot of blighted area -- it may be close to market rate in the moment, but in two years from now, four years from now -- that area is growing very quickly. Commissioner Reyes: And -- Chair Russell: And the restricted units will stay at this rate. Commissioner Reyes: Let me tell you -- Chair Russell: And that's what makes it -- and the other thing is, the new state law does not allow us to put it on the shoulders of the developer to fund the affordability on their own. Commissioner Reyes: Sir -- Chair Russell: We have to incentivize them, and we cannot -- Commissioner Reyes: -- sir -- Chair Russell: Go beyond that. Commissioner Reyes: -- with all due respect, you are -- what you're saying is not true. Chair Russell: Tell me. Commissioner Reyes: Because if -- unless you declare rent control and you make them maintain the same rate, as the AMI increases, so does the rent that they're going to be charged, because it is based on AMI. It's not based on the amount that this is now. Now, rent control is illegal. You cannot do that. And if -- when you -- I will strongly recommend that you take your time, and when you would refer to workforce, you see, then under your definition of "workforce," those people, they don't need affordable housing. Those people, if they are making 120 or they're making 80,000 or they're making 90, 000, those people could very well pay this rent that they have here, which is market rate. You see, I don't -- my problem is that we are offering incentives and the developers are not, and you are not taking into consideration the additional units, the additional revenues -- Chair Russell: Absolutely (UNINTELLIGIBLE). City of Miami Page 6 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Commissioner Reyes: -- that they're going to do. And you also don't take into consideration, which is the truth, that as we allow apartments to go up, according to all my research, the higher the apartment is, the higher the rent, okay? Chair Russell: Understood. Commissioner Reyes: Okay, and let's do one thing. Let's be clear and forget affordable and let's go out there and say, "We are lying. We are saying we're giving you four floors and you're going to build 20 more apartments that you're going to call affordable" -- Chair Russell: No. Commissioner Reyes: --"and you're going to be renting it at market rate. " Chair Russell: They have to call it workforce, not affordable. Commissioner Reyes: I mean, workforce. Workforce is a misnomer, sir. It's a misnomer. Chair Russell: And that may be. You may be right, because if you classify the -- Commissioner Reyes: You see -- Chair Russell: -- working class as workforce, you're right. They can achieve rents of the classic definition. Commissioner Reyes: Okay. Chair Russell: And this has been your argument about the County versus City AMI. Commissioner Reyes: Yeah, and -- Chair Russell: I fully understand and agree with you. We're not so far off you and I, honestly. Commissioner Reyes: Let me tell you the definition of "workforce housing. " Housing that is affordable to workers and close to their jobs. It is homeownership, as well as rental housing, that can be reasonably afforded by a moderate- to middle -income critical workforce, and located in acceptable proximity to workforce centers. That is workforce. If we are going by -- defining -- -- if we are going to call this workforce and if we are going to provide incentives in exchange for the type of workforce that we are going to receive, we are not doing our job. That's my only (UNINTELLIGIBLE), and I'm not going to vote for this. And I -- Chair Russell: I fully understand, and I see that (UNINTELLIGIBLE). Commissioner Reyes: --just would like for you guys to have a sunshine. We're going to have a -- Chair Russell: I think we just did. City of Miami Page 7 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Commissioner Reyes: And then -- no. We are going to have -- and I could prepare all the charts and everything, and all the definitions of what "workforce" is. Chair Russell: Right. And so, the developer's side is here. They came tonight specifically for you to hear them, because there's another side to their argument, which has to do with the finance ability of the project. Commissioner Reyes: I heard that, too. Chair Russell: Yes. And so, that's what they're going to be speaking to at the public comment period. Some of them already spoke before, but some of them have waited all this time. Commissioner Reyes: And -- Chair Russell: So -- Commissioner Reyes: -- other things that you should take into consideration, too, you see, and we have to take into consideration the cost of the land, right? Land is very expensive in that area. But by definition, as we allow them to build more units, you see, more units, the variable cost per unit decreases. Chair Russell: Of course. Commissioner Reyes: You see, decreases. You have to take that into consideration, too. Chair Russell: We have. Commissioner Reyes: And even the financial institutions, they know that, you see. They know that. I mean, this is pure, simple economics. That's what it is, okay? And also, once you are -- I mean, you are factoring all -- everything that goes in and all the incentives that we provide, you have to take into consideration also the decrease in the average cost and the revenue -- additional revenue that you are receiving. And the only - -you are only -- a few apartments, let's say, 20 or 30 apartments, you -- it's not that they are going to be free. There's going to be a reduction in the rent. That's all it is. That's all it is. That's all it is. Chair Russell: What's the magic number that gets you to 'yes "? Commissioner Reyes: A hundred; a hundred AMI. Chair Russell: What if we were to meet halfway? Commissioner Reyes: No. Chair Russell: Listen, let me -- you haven't heard the offer. Commissioner Reyes: We are not buying an automobile here. Chair Russell: No, no, no. No, and I'm not saying a hundred and ten or a hundred and twenty. I'm saying of the restricted units, of which it's 14 percent for rental, 10 percent for ownership, that we do a half -- half of them at a hundred and half of them at the workforce rate. City of Miami Page 8 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Commissioner Reyes: No, sir, because -- Chair Russell: This is a -- because you -- Commissioner Reyes: No, no, no, no, no. Chair Russell: -- and I are not so far apart. Commissioner Reyes: No, no, no, no, no, but -- Chair Russell: You're trying to make it go deeper. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: And I appreciate that. But what I don't think you're appreciating is the finance ability of the project. Commissioner Reyes: I do. Chair Russell: And what I'm willing to do, if we go deeper in that sense, I'm going to come in with a TIF (Tax Increment Fund) offer from the CRA (Community Redevelopment Agency) side of things to help bridge that gap. Commissioner Reyes: Okay. Chair Russell: And -- because -- Commissioner Reyes: Let's -- Chair Russell: -- I believe -- I'm trying to incentivize development to happen therefor the workforce and affordable, if we can -- Commissioner Reyes: Listen -- Chair Russell: -- because I'll go as deep as we can. I love where you're going on it. I think we agree on the concept of -- Commissioner Reyes: What -- Chair Russell: -- try -- providing as much affordability -- Commissioner Reyes: -- you are saying -- Chair Russell: --as possible. Commissioner Reyes: --is -- Chair Russell: Yes. Commissioner Reyes: -- that we are going to -- they are going to proffer 40 units, and you want 20 of those to be at 120, to be at 110. But how about the ones that they should be offering, which is at 60 percent ofAMI? City of Miami Page 9 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: They're not in that game. They're not in the -- Commissioner Reyes: Oh, they're not in that game. We are not -- Chair Russell: No, because this is not an ELI project. This is not a deep affordable project. Commissioner Reyes: -- I am -- listen, if we provide incentives, if we are -- they are benefits -- Chair Russell: Yeah. Commissioner Reyes: -- from us, we should benefit. And the only way that we can benefit and if we are true to the -- our intent and intention of providing affordable housing, we have to receive not only so-called workforce that will be 120, according to them, but we have to receive also units at 60 percent and 80 percent or less, because that's the only way that we are really, I mean, working for the people that are -- I mean, they are the low-income people -- low and medium income people. Chair Russell: Right. Commissioner Reyes: And that's the only way. And then, if we are saying and we are providing benefits in exchange for affordable housing, we are lying. Commissioner Hardemon: Mr. Chairman. Commissioner Reyes: Unless we have 60, 40 -- I mean, we have -- we offer units that people that can afford. That's real affordable. That's real affordable. And also, the workforce that we want to bring there, according to the definition, you see, if we go over a hundred percent, we are not, you see, because you know that if you have a bell -shaped curve, you have in the middle, you have the AMI. The right of the curve, there are people that they -- Chair Russell: Understood. Commissioner Reyes: -- are over the AMI, and they are not in need of so much help. Chair Russell: Thank you. Commissioner Reyes: The people on the left are the ones that, if we are going to represent them, we should demand -- if not, let's not give benefits, or just give it and say, "Oh, we don't need to" -- ' for you guys to give us anything. " Chair Russell: Thank you. Commissioner Hardemon. Commissioner Hardemon: Have you ever traded horses? I've got a nice thoroughbred for sale. That's all I got for you. Chair Russell: All right. I -- Vice Chair Gort: I have a couple of questions. City of Miami Page 10 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell. Yes, Vice Chairman. Vice Chair Gort: My understanding, looking at the map -- Francisco, looking at the map and when you look at Northeast 2nd Avenue, you have some parcels already been zoned. They have shifted the zoning, T6-36(b). Mr. Garcia: Yes, sir. But those are not within the area that we are considering today. Vice Chair Gort. No, I -- it's right next to it, right? Mr. Garcia: Immediately to the east, yes. Vice Chair Gort: To the east, and to the north and south. Mr. Garcia: Correct, so the area -- Vice Chair Gort: Okay. Mr. Garcia: -- to the east is zoned T6-36. Vice Chair Gort: By right, because they have that zoning, they can apply without any benefit for us to change the zoning next to them. Mr. Garcia: That is a higher zoning designation. Yes, sir. Vice Chair Gort: Okay. Because let me tell you, Commissioner Reyes, I understand where you're getting to, but I've done quite a few of these projects in non for profits. And what's going to happen if we make it very difficult, there's not going to be -- it doesn't make sense to the developer, so it's not going to be constructed. So we need to -- if that's what you want, to keep it empty like that, it's fine. But by right, they could make the changes without any incentive. Commissioner Reyes: Let them do by right without us providing any benefits. If we are - - the only thing that I'm saying is, if we provide benefits and we claim that we are -- and we tell the whole world -- we stand in front of the people of Miami and say, "We provide benefits because we are receiving affordable housing," let's receive real affordable housing. If not, let's not lie and let's say, "Hey, listen, we are providing benefits, because we want to build those buildings. " Vice Chair Gort: All right. Commissioner Reyes: And that's it. That's the only thing that I'm saying. Now, if you want to vote in favor of providing benefits without any -- nothing in return or something in return that really, really provides assistance to the people that we represent, then we have to go the other way, I'm sorry, because if not -- the numbers don't lie. Numbers don't lie, you see. Chair Russell: Commissioner Reyes, I do respect what you're trying to do, I do. I see your -- the beauty is we're actually arguing over who can be the most affordable, and I think that's a great place for us to be. I'm trying to balance this with what the -- like Commissioner Gort said, I want to see them actually do it. And if it's so burdened, if it's all stick and not enough carrot, "A, " they don't do it; and "B, " we might actually be preempted. You may be right; I may be right. That's up to the lawyers to decide. But City of Miami Page 11 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 it's a very delicate formula, and we want to be generous, because these are not affordable developers. These are market rate developers. We're incentivizing into the affordable world, the workforce world, the workforce world. And so, that's what inclusionary zoning is about. And it has been very difficult to get to the table this far. But for tonight, we're only working -- I know we've gone deep into the subject matter. At this point, we're really just working on the agenda. Commissioner Gort, would you be open to passing this as is, or do you think it needs more work? Vice Chair Gort: Not at this time. I think we need more work. Chair Russell: All right. In that case -- Vice Chair Gort: (UNINTELLIGIBLE). Chair Russell: -- it's very clear where we're going tonight. Vice Chair Gort: If we give them `X" amount of incentive, we'd like to receive something back. I understand that. Chair Russell: True, true. And the balance is, if you -- Vice Chair Gort. There's got to be a middle point. Chair Russell: Correct. If you ask too much, nothing happens. And so, we're trying to find that balance. Vice Chair Gort: Let's defer. Chair Russell: I do appreciate where you're going. So, yes, we will defer it. Commissioner Reyes: And let's have that sunshine meeting. Chair Russell: Let's put it to the first meeting in -- the second -- no, now that we've -- we -- well, let's see. I can't put it to the first meeting in January. Oh, we did pass the other item, didn't we? Commissioner Reyes: Yeah, yeah. Chair Russell: For scheduling. Commissioner Reyes: Yes, we did. Chair Russell: You'd like to make a comment on the timeliness of it. Is that what you're saying? Just a moment, because you're not recognized yet. You're not on the microphone. Let's continue it for now, so it'll come up at the next meeting. If we're not ready, we can push it again. But I do know that folks here who are the stakeholders in this area have been waiting for years for such an activation and this can actually spark good development. We've done this now -- project three times in the area with other developers who have activated this exact zoning transect that we're about to discuss, so we know it works. But I'll look for a continuance on it, so to the next meeting. Back to the order of the day, so if we're looking at PZ.4, continued; PZ.2 and 3, indefinitely deferred; PZ.1 was the -- City of Miami Page 12 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Mr. Hannon: January -- Chair Russell: -- January -- Mr. Hannon: -- 23, 2020. Chair Russell: Okay, thank you very much -- meeting. Are there any other items to be continued, withdrawn or deferred from this agenda? All right. Would you like to make a comment with regard to the timeliness of the deferral? (INAUDIBLE COMMENT). Chair Russell: I'll recognize you for public comment. So, you're sworn in from before, if Mr. Rodriguez: Yeah. Chair Russell: -- I'm correct. Mr. Rodriguez: Yes. Chair Russell: Is there anyone else here who'd like to speak on the items that we're deferring? All right. Mr. Rodriguez: So, I'm Eugene Rodriguez. I own the Ice Palace Film Studios. I started buying therein 1996197. And my vision -- I have six acres. And I'm the largest property owner outside of the -- with the CRA in the entertainment -- it's called Media and Entertainment. Francisco was there back in the day when we put it together. And my vision for my property has always been to create a media center for the City of Miamifor the film industry, for TV (Television), for all these things. And my -- that's still my vision for that. Telemundo and Univision, which we work with a lot, are over by the airport. The traffic is getting so bad. So my hopes are to bring them into this area. Having rentals is vital to having young people that don't need cars. They can walk to work. So, for me, I'm shocked that they're building rentals, because if you look right across the expressway, you have Zaha Hadid. You have -- I mean, we're right next to the Performing Arts Center. This is prime, prime real estate. So the fact that there's even rentals being built is kind of shocking to me. The events we have at the Ice Palace are -- you know, we just had Soho House. We have Rolls-Royce launching their cars. We have very high -end events. So I think it's a privilege to be able to live in that neighborhood with affordable rents. So I don't have a line of developers lining up, knocking on my door saying, "Oh, we want to build on your land. " So all this -- I understand your point, and I would love for you to come to my property, show you the studios and show you what's going on. And you can see that this prime, prime real estate, really, it's crazy that they're building rentals there. You know, I understand your point. Perhaps, your point works elsewhere better, makes more sense. But with prime, prime real estate, with a hundred thousand people a day exposed to these towers that could, you know, be branded for all sorts of things, this particular argument I don't think makes sense for this particular location to maximize the values for the City. So I think Commissioner Russell's correct in saying that this is a window that may be open right now and only right now. That window may close and all these -- all this property may end up being something else, which it would be a shame, because to create work -- to create business in downtown, you need workers, you know, young people in particular. And so, for me, I'm excited about this, because the ideas for the Media and Entertainment District is for City of Miami Page 13 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 young people. You know, if they don't have the -- but the buildings will not be built with what you're saying, because they're not lining up -- right now, I could tell you, no one's knocking on my door. Unidentified Speaker: Okay. Mr. Rodriguez: They're not knocking on their doors, either. You had here earlier the entire Entertainment District, 10 acres of -- over 10 acres of ownership in that district. We've all been therefor over 20 years. They're not knocking down our door. The more difficult you make it for the numbers not to work, the less chances that this particular type of housing will be built in that area. So -- Commissioner Reyes: Well, sir -- Mr. Rodriguez: -- that's all I wanted to say. Chair Russell: Commissioner Reyes, you have questions for him? Because I don't want to be -- Commissioner Reyes: No, no, no. Chair Russell: -- in a roundtable debate. Commissioner Reyes: I don't have any questions. I'm just going to answer what it is. I'm talking about the process and about the -- I mean, what we've been doing since I first got here. We are offering incentives and we're giving you --I mean, how many --I don't know how many floors, how many hundreds of apartments. And that is a program that it was started in order for us to be able to obtain something in return. And you said the word, "affordable housing. " Affordable housing is not 120 percent ofAMI. Mr. Rodriguez: But sir -- Commissioner Reyes: It is not. Mr. Rodriguez: -- I mean, sir -- Commissioner Reyes -- Chair Russell: Don't debate. We don't need to go back and forth. Mr. Rodriguez: But I'm just saying -- Commissioner Reyes: I'm just saying -- Mr. Rodriguez: -- take into consideration the location, the value of this location. Commissioner Reyes: Yes, sir. Mr. Rodriguez: That's all I have to say. Commissioner Reyes: But the only thing that I don't want -- and I don't want to start here, the -- I mean, this could be the start of affordability by region that we are going to provide incentives and we're going to give to -- in certain areas that --for example, oh, let's do it in Liberty City, yes, because that's affordable. But in other areas, then we don't demand anything in exchange, or we allow that what we get in exchange, it is not City of Miami Page 14 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 affordable. Then let's start a new program. But the program, the way it is, it is for us to make sure that any person that lives in Overtown and has a job and can pay around -- I mean, 80 percent of AMI or 60 percent of AMI, could move and live there. That's what we want. That -- this is the intent of the program. Mr. Rodriguez: And that's fine. Chair Russell: All right. Let's -- thank you. Commissioner Reyes: And -- you're welcome. Chair Russell: Thank you very much. No, it's a very worthy debate. We just got to get it right, so let's take our time. So is there any further discussion on PZ.1, 2, 3 and 4? Hearing none, all in favor, say "aye. " Mr. Hannon: Mr. Chair, I'm sorry. I didn't have a mover and seconder. Chair Russell: I'm sorry. Is there -- I thought we did. Is there a motion for the order of the day, please? Vice Chair Gort: Move it. Chair Russell: Moved by the Vice Chairman, seconded by the Chair. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Thank you very much. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEMS) Chair Russell: So you each have two minutes, but I'd really like to ask anyone who can stay for this evenings reconvening of the session, don't speak now. Anyone who really needs to leave, I really understand and appreciate your patience, so we're going to allow it as long as we have a quorum. So good evening. Gary Kluger: Good afternoon. My name is Gary Kluger. My family has owned property in the Omni area for over half a century. And I'm here to support item PZ.4. We're in the midst of what is probably the longest rezoning process in the history of the City of Miami. Five years ago, the City realized the Omni area was not properly zoned and created a new transect zone specifically for the Omni area, T6-24(b). Since that date, four properties within the Omni area have been rezoned to T6-24(b). These properties -- the only meaningful development that has occurred in the Omni area in the last 20 years -- are not ultra -luxury developments, like the ones just two blocks away from the district; instead, they are more modest, attainable developments with workforce housing set aside. This item rezones the remainder of the Omni area to T6- 24(b), as was intended by the City five years ago. I urge you to approve this rezoning. Thank you. Chair Russell: Thank you. Good afternoon. Randy Levine: Good afternoon, Mr. Chairman, Commissioners. City of Miami Page 15 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: Commissioner Reyes, are you on the dais? (INAUDIBLE COMMENT). Mr. Levine: Yes, he is. Chair Russell: Just checking. Okay, thank you. (INAUDIBLE COMMENT). Mr. Levine: My name is Randy Levine. I've owned property in the Omni Arts and Entertainment District for the last 20 years, and I'm here to support PZ.4. Unidentified Speaker: 4. Mr. Levine: So the current zoning --I want to read this just for efficiency's sake. The current zoning of the Arts & Entertainment District is incompatible with the surrounding area, as well as with the City's Comprehensive Plan. The Comp Plan allows for 500 units per acre in the Arts & Entertainment area, which is one of the few areas in the entire City with this designation. However, the current zoning of T6-24(a) makes it impossible, impossible to get to the vision of the City to get to 500 units per acre. Additionally, the current FLR (floor/lot ratio) of 7 is out of context with the surrounding area, which has FLRs of 16 to 22. This item, PZ.4, creates consistency between the City's Comp Plan and the Zoning Code, and will therefore allow the Arts & Entertainment District to continue developing in a manner consistent with the City's Comp Plan, and will create more attainable housing where it belongs, in the urban core. Thank you, Mr. Chairman, Commissioners. Please support PZ (Planning & Zoning) Item 4. Chair Russell: Thank you. Steven Gombriski: Thank you very much -- Chair Russell: (UNINTELLIGIBLE). Mr. Gombriski: -- for taking the time to hear this. I'll try to be brief. My name is Steven Gombriski, and I've owned property in the Omni area for over 15 years. Lately, there's been a lot of discussion about two things: First, the need to reduce traffic; second, the need for reasonably priced housing. I believe this item moves the needle in both of these important areas by unlocking more density, which is already allowed under the City's Comprehensive Plan. The City will get more units, including workforce housing units. This will increase supply and help control the cost of housing in the urban core. Also, because there are four Metro station areas in the -- within a thousand feet of the Omni District, many residents of this area will not need cars, which will mean less traffic. This item will create the first inclusionary zoning district in the City of Miami, and I urge you to support it. Unidentified Speaker: Okay, thank you. Chair Russell: Thank you for your comments. And we are losing quorum at this point. (INAUDIBLE COMMENT). City of Miami Page 16 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: All right, we got -- Eugene Rodriguez: I'm Eugene Rodriguez. Chair Russell: -- we still got three. Mr. Rodriguez: I'm Eugene Rodriguez. I own the Ice Palace Film Studios. Chair Russell: We have three at the moment. (INAUDIBLE COMMENT). Chair Russell: Okay. (INAUDIBLE COMMENT). Chair Russell: So, we're going to reconvene in one hour, at -- Unidentified Speaker: I'll try -- Chair Russell: -- 6:30. Mr. Rodriguez: (INAUDIBLE). Chair Russell: Absolutely. We're going to break right back into public comment. You'll be the first, if they're back by 6:30. They've got to get to Little Havana and back, plus have a presentation for a street co -designation. So, we're going to say, optimistically, 6:30, and with traffic, we may be looking at 7. We're willing to stick it out the evening. I have Commissioner Carollo's commitment. If we need to stay till H, we're here. Yvette Costas: (UNINTELLIGIBLE). Chair Russell: Please, into the microphone. Ms. Costas: (UNINTELLIGIBLE). Chair Russell: Into the microphone. You have -- you're not being recorded until -- Ms. Costas: I apologize. But I just wanted to state that you can see that there is representation that we did stay here, but we do have another meeting. But thank you for listening to our words. Chair Russell: And I really do appreciate your advocacy and patience. I know you took a lot of time out of your day today, and we're working on this legislation. And I think those who needed to hear it, heard what you had to say, and we'll be back to take it up. So thank you so much, and I apologize. This was an unexpected designation today from the County that these Commissioners just really did not want to miss. Todd B. Hannon (City Clerk): Chair, and I'm sorry; the speaker's name? Chair Russell: Your name, please. City of Miami Page 17 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Mr. Hannon: On the microphone. Chair Russell: You -- yeah, yes. Just for the record, your name. Ms. Costas: Yvette Costas. Chair Russell: Thank you so much. All right, so we're in recess `til 6: 30. Later... Chair Russell: Let's go to PZ -- I'm sorry, let's open for public comment at this point. Anyone here to speak on any of the Planning and Zoning items, if you haven't been sworn in, please raise your hand and we'll read the oath again. Is there anyone here who hasn't sworn the oath? Mr. Clerk. Mr. Hannon: Yes, sir. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. If you're here to speak on any of the Planning and Zoning items, please approach either of the lecterns. You have two minutes to speak on your item. Just let us know your name and which item you're here to speak on. No one here for public comment on any of the Planning and Zoning items. Vice Chair Gort: Hold on. Iris Escarra: Good evening. Iris Escarra, offices at 333 Southeast 2nd Avenue. Mr. Dickman and I are here on behalf of PZ.16. So, we can either take our discussion now or take it at the time of the item. Chair Russell: If you'd prefer to wait, that's fine. You're the applicant. Ms. Escarra: The City is the applicant, but it's our property that is the subject of the application. Chair Russell: That's what I meant. Yes, understood. Yeah, we can wait until then. That's fine. Ms. Escarra: Okay, thank you. (INAUDIBLE COMMENT). Chair Russell: Same thing. All right, great. PART B: PZ - PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 2:00 PM City of Miami Page 18 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZ.1 ORDINANCE First Reading 5898 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "75-0," URBAN CENTER TRANSECT ZONE - OPEN, TO "76-8-0," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 1628, 1632, AND 1642 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissii SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item PZ.1 was deferred to the January 23, 2020, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.1, please see "Order of the Day. " PZ.2 ORDINANCE First Reading 4196 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissio SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ.2, please see "Order of the Day. " Citv ofMiami Page 19 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZ.3 ORDINANCE First Reading 4201 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 75-0," URBAN CENTER TRANSECT - OPEN, TO 76-8-0," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. For minutes referencing Item PZ.3, please see "Order of the Day. " Citv ofMiami Page 20 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZA ORDINANCE First Reading 6530 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING "76-24-A-O," CLASSIFICATION FROM URBAN CORE TRANSECT- OPEN, TO "76-24-B-O," URBAN CORE -OPEN TRANSECT ZONE, FOR APPROXIMATELY 35.7 ACRES GENERALLY LOCATED AT 15, 23, 27, 35, 41, AND 79 NORTHEAST 17 TERRACE; 1300, 1301, 1317, 1306, 1330, 1334, 1348, 1350, 1353, 1367, 1368, 1401, 1501, 1511, 1527, 1635, 1729, 1765, 1755, AND 1749 NORTH MIAMI AVENUE; 31, 38, 42, 48, 52, 64, 108, AND 128 NORTHEAST 17 STREET; 1301, 1304, 1312, 1315, 1326, 1334, 1344, 1350, 1415, 1421, 1425, 1433, 1442, 1445, 1502, 1512, 1518, 1524, 1529, 1536, 1540, 1552, 1635, 1650, 1643, 1748, AND 1749 NORTHEAST MIAMI COURT; 21, 45, AND 140 NORTHEAST 16 STREET; 1304, 1310, 1311, 1325, 1326, 1361, 1400, 1422, 1442, 1452, 1502, 1512, 1516, 1532, 1542, 1598, 1600, AND 1629 NORTHEAST 1 AVENUE; 1302, 1324, 1370, 1600, 1622, 1644, AND 1652 NORTHEAST 2 AVENUE; 1410, 1420, 1424, 1425, 1432, 1433, 1441, 1442, 1452, 1515, 1525, 1531, 1537, 1545, 1550, 1553, 1602, 1610, 1616, 1624, 1632, AND 1642 NORTHEAST MIAMI PLACE; 18, 50, 75, AND 84 NORTHEAST 15 STREET; 30, 47, 55, 65, 73, AND 124 NORTHEAST 14 STREET; 14, 18, AND 59 NORTHWEST 14 STREET; 17 AND 33 NORTHWEST 13 STREET; 1311, 1331, 1341, 1351, AND 1361 NORTHWEST MIAMI COURT; 1305, 1315, 1330, 1346, 1367, 1610, AND 1655 NORTHEAST 1 COURT; AND 125 NORTHEAST 13 STREET, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record. Item PZ.4 was continued to the December 12, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PZ.4, please see "Order of the Day" and "Public Comment Period For Planning and Zoning Item(s). " Citv ofMiami Page 21 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZ.5 ORDINANCE First Reading 6531 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL- SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon NAYS: Reyes ABSENT: Carollo Chair Russell: Let's take up Item PZ.5 and 6, please. Is there a motion for PZs.5 and 6? Commissioner Hardemon: So moved. Chair Russell: It's been moved. Vice Chair Gort: Second. Chair Russell: Seconded by the Vice Chairman. Is there any discussion on these items? Commissioner Reyes: No, sir. I am just going to restate my position that I don't think that this is a good business for the City of Miami. So I know you have a quorum and you have the votes, but mine is going to be "no. " Chair Russell: Thank you very much. Any further discussion on PZs.5 and 6? Hearing none, all in favor say -- Todd B. Hannon (City Clerk): Mr. Chair, title. Commissioner Hardemon: Ordinance. Chair Russell: Oh, thank you. Please read the title into the record. I thought we'd already done it. The Ordinance was read by title into the public record by City Attorney Victoria Mendez. Victoria Mendez (City Attorney): PZ 6. City of Miami Page 22 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Thank you. Is there any further discussion on PZs 5 and 6? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Commissioner Reyes: Yes. Chair Russell: Opposed Commissioner Reyes: (INAUDIBLE) opposed. Chair Russell: Got it. 3 to], motion passes. Thank you. PZ.6 ORDINANCE First Reading 6532 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "Cl", CIVIC INSTITUTION TRANSECT ZONE, TO 76-3613-0", URBAN CORE TRANSECT ZONE - OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Keon Hardemon, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Hardemon NAYS: Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item PZ. 6, please see Item PZ.5. City of Miami Page 23 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZ.7 ORDINANCE Second Reading 3698 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENTS, AMENDING ORDINANCE NO. 10544, THE MIAMI and Mayor- PZ COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13782 MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZ.7 was continued to the December 12, 2019, Planning and Zoning Commission Meeting. Chair Russell: PZ. 7. Is there anyone here to present PZ. 7? This is the transfer of residential density within TOD (Transit Oriented Development) zones. Commissioner Reyes: Mr. Chair. Chair Russell: Yes. Commissioner Reyes: If I may. I would like to make a friendly amendment to the -- to PZ 7 that it will say, "To remove any that may be abutting a T3. " We have to keep on protecting our neighborhoods and our single-family homes. And I think that that way, we are just protecting them. Chair Russell: Just a moment. Let me get to exactly where you'd like to place that amendment. Commissioner Reyes: And that's for all of them. Chair Russell: Right. I think the spirit of what you're saying is -- Commissioner Reyes: Yes. Chair Russell: -- clear. I --for -- in my district, I know there will be projects that need to abut T3, and I believe if it survives the scrutiny process of the neighborhood, a public hearing and this board, I would like to allow it, because it will bring City of Miami Page 24 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 affordability changes potentially to a neighborhood that are -- and additional density Commissioner Reyes: Okay. Chair Russell: -- that can also create organic affordability that could be important. I don't want to cuff our hands from potential projects where this could be possible. Commissioner Reyes: Can we -- I mean, say that --we move it and a final decision will be made by the Commission? It should come before the Commission because all the cases -- all the situations are not the same. You might have some situations that they are -- and they are -- you will have other situations like we have -- Chair Russell: Absolutely agree. Commissioner Reyes: -- we have in Silver Bluff that they are encroaching into the T3s, you see. Chair Russell: Commissioner -- if the Director could clarify what the current legislation allows for abutting T3 and what the process would be. Francisco Garcia: I'm glad to, sir. Thank you. First, I don't think I've introduced myself on the record. Francisco Garcia, Planning Director. The amendment before you today is the second reading of an amendment to the Comprehensive Neighborhood Plan. At present, of course, the density increases allowed for up to 50 percent do not apply to T3, meaning T3-zoned properties would not be eligible for density increases. Full stop. There's a guarantee already in therefor that. The next step then is that T4, T5, and T6 would be eligible for the density increase so long, of course, as they are within the transfer -- I'm sorry, the transit -oriented development areas. Those are designated. And the concern, as I understand it from a number of you, is what effect that additional density on T4s, T5, or T6s that are abutting T3 might have and a desire to have a special means to give consideration to those increases, and try to protect against any potential adverse impacts. We can certainly do that. Similar measures have been proposed previously and we could make it subject to an exception, and if needed, an exception with City Commission approval. That certainly guarantees that there would be a public hearing. My only concern is that that would be an amendment to the Zoning Ordinance, not an amendment to the Comprehensive Neighborhood Plan. So we will certainly accept direction from the City Commission to draft an ordinance that accomplishes exactly that. Chair Russell: An exception process to abut T3. I thought that's what we did pass. Where did I miss that? Mr. Garcia: No, sir. That has been discussed previously, but it has never actually come before you as an ordinance. That was part of a previous version of an amendment pertaining to attainable housing. That was -- that has not been passed yet. City of Miami Page 25 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: Understood. So this one could be passed as is, without violating the spirit of that intention. We would bring separate legislation to change the Zoning Code with regard to -- Mr. Garcia: And we would do so quickly -- Chair Russell: -- the exception process. Mr. Garcia: -- because we believe it is a good idea. Yes, sir. Chair Russell: All right. So this could be passed as is, with that intention. Mr. Garcia: I would encourage you to do so. The Comprehensive Plan amendment would not be the place to place those restrictions. But certainly, we will draft quickly an ordinance amending the Zoning Ordinance that will accomplish exactly that. Chair Russell: Commissioner Reyes, does that work for you? I'd be open to supporting with you on that, an exception process for anything abutting T3 -- Commissioner Reyes: (UNINTELLIGIBLE) Chair Russell: --which comes to Commission. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Hardemon: So -- Mr. Garcia: Happy to do it. Commissioner Hardemon: -- to be clear, T4, T5 properties that are within a certain radius, say half -mile radius of a T3 property, it would not be able to transfer that density to the T3 property, correct? Mr. Garcia: Not exactly, sir. Commissioner Hardemon: Not exactly. Mr. Garcia: The -- Commissioner Hardemon: Huh? Say it again. Mr. Garcia: Not exactly. Let me clam, please. We're -- this -- the eligible sites would be within TODs, Transportation Oriented Development zones. Those are demarcated. Commissioner Hardemon: Right. Mr. Garcia: The areas that are already within the TOD would be, as a result of this, eligible for up to a 50 percent increase in density as a result of the transfer of density City of Miami Page 26 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 that we dealt with earlier today. The concern expressed, which is well received, is that properties that abut T3 that are zoned T4, T5, or T6, which would be eligible for the increase, should have to go through a more strict vetting process, including an exception, including City Commission approval prior to achieving that additional density. Commissioner Hardemon: And so, the question, though, that I have is related to Commissioner Reyes' statement is that I personally also believe that we must protect our single-family neighborhoods. They're not creating -- we, in the City of Miami, are not creating more single-family neighborhoods. No one is proposing any plans to say, "We're going to build single-family homes. " Everything is more and more and more density, more units. And so, with that being said, what I would hate to see is a proliferation of larger buildings next to the T3 structures, where there should at least be some sort of gradual increase from -- because what you're saying is if you have a T3, a T4 may become larger. And so, it'll create a greater difference between what was naturally a T3 and what was naturally a T4. And so, you know, I'm amenable to the idea, not necessarily that we just allow it by coming before the Commission or a warrant, or whatever it may be, but by disallowing it, because it could be problematic; at least one parcel away from the property. So if I'm -- if you are -- Chair Russell: A buffer. Commissioner Hardemon: -- the property that is abutting the T3, at least that property should not be allowed, at least some sort of buffer because I can anticipate Chair Russell: I just want to clarify -- and maybe you can help me with this. This would not allow any additional envelope or size. It would not allow for a larger building. This is strictly about density within an existing envelope. So it can allow for more units, which could also be considered an intrusion in a single-family neighborhood. Commissioner Hardemon: Yeah. I mean -- Chair Russell: But no more size, no more massing. Am I correct, Mr. Director? Mr. Garcia: That is correct. Commissioner Hardemon: But even units -- intensity is important, as well. Chair Russell: It is. Commissioner Hardemon: For instance, in my neighborhood, we have single-family homes. There's a duplex. There's a two-story space that is across the street. And it's a 1929 built space they're trying to restore. Well, the use of that is much different than the use of a single-family home, right? And let's not even talk about Airbnb. So, you know, you throw that into and it's a whole 'nother discussion. And so, you know, what I'm thinking is maybe we protect at least one property away from the T3, so there is still at least a natural buffer, that the person next to me -- it's City of Miami Page 27 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 already that we have to deal with necessarily maybe some sort of commercial use, et cetera, but now you have an even more intense residential use. So, that's -- you know, I like that idea. Chair Russell: But that, again, would be under separate legislation; not this one, correct? Mr. Garcia: Yes. And to make doubly sure that I understand what Commissioner Hardemon is saying perfectly, that would essentially be a provision very similar to the one that we have in place presently for attainable housing, which is also not allowable abutting T3. Chair Russell: All right. So, that would be separate legislation. I think we have some -- Commissioner Hardemon: So, how do we -- I mean, this is a policy that we're trying to implement right now. Chair Russell: Correct. Commissioner Hardemon: So, how do we word a policy -- word this policy to be reflective of what we feel today? Mr. Garcia: We would draft for you, very quickly, an amendment to the Zoning Ordinance that contains exactly that provision that makes -- Commissioner Hardemon: Okay. Mr. Garcia: -- density increase within a TOD prohibited abutting T3. Chair Russell: We may not have consensus on that yet, but does that affect this legislation? Mr. Garcia: It does not. This is simply the enabling mechanism to allow for this to take place. However, to be abundantly clear, if you want to be safest, then you would continue this item on second reading, and we would reintroduce this item at such time as the amendment to the Zoning Ordinance would be before you on second reading. Chair Russell: Understood, because in the worst case scenario, we pass this, which may vest someone's right who does abut T3, and then the new ordinance would take that right away. Mr. Garcia: If you want to avoid that eventuality, then you would -- Chair Russell: All right. Mr. Garcia: -- withhold on this and act on it only when you have the second reading (UNINTELLIGIBLE). City of Miami Page 28 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: I think we need to work on it a little more then, because we're not at full consensus -- Unidentified Speaker: Yes. Chair Russell: -- on the abutting versus the buffer. Commissioner Reyes: Yeah. Mr. Garcia: Very well. Commissioner Reyes: Also, I want to add, you see, there's a -- I mean, there's a lot of consequences when we allow all those buildings going next to T3s or to a neighborhood. We have seen -- well, this is the case now in Silver Bluff. And also, the lack of parking that -- I don't know if it is because we're not requiring enough parking, or we are providing those incentives, too. But what we do have is that all the neighborhoods, they have cars parked all over. And there is also additional traffic. You see, the more that you allow them to build, the more that they're going to be affecting our neighborhoods. And some people, like me, I like to live in a single-family home, you see. And we have all the right to live in a single-family home, and we have to protect it. Chair Russell: So -- Commissioner Reyes: And we have a lot ofpeople, a lot ofpeople, all Miamians, all Miamians that they have kept their homes and they take care of their homes, or they are improving their homes, you see. We have to protect them, too. Chair Russell: So, you know, obviously, we're going to need to find balance here, because, as a board, we're trying to find affordability, and a lot of that is through organic affordability through density, where appropriate. We want to make sure it's where it's appropriate. In my situation -- because I can't speak for other districts -- but in the Coconut Grove area, if you drive down Grand Avenue, there hasn't been a single bit of new development on Grand, and there's a reason for that. Both blocks on either side of the street are completely TS through the block, and they abut T3 on -- behind -- the street behind, with no buffer, with no successional zoning to T4. And so, it simply fails in design at this point, in planning at this point. And those TSs are actually quite limited. And if we want to see some affordability in them, they do need additional density. But if there are -- those entire -- that entire street, all the way out to US -I almost -- to Douglas, at least, abuts T3, and it would disallow any additional density on Grand Avenue, which we may need. So I'd like to work together on this, and try to find a solution. And in some places, it may be appropriate. But certainly, we do need to protect our single-family neighborhoods. Commissioner Hardemon: And Commissioner Russell -- one thing I will say, Mr. Chairman, is that generally, when we think about having more units in a space, especially smaller units, we always have the tendency to think that it makes it more affordable, and there's truth to that. But there's also an illusion to that. Chair Russell: True. City of Miami Page 29 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Commissioner Hardemon: You can have a very, very small place in a -- you can have a very, very small unit, less square footage, but still pay per square foot what someone pays in a larger unit. It may cost you less, but it still may be expensive. And so, you know, to me, that's what I see when I think about if you had an apartment in Manhattan, for instance. Essentially, it'll be the same thing as downtown, where, yeah, it's cheaper than the other unit, because it's smaller, but per square foot, it's about the same thing. And so, there comes a time -- the market will pay what it will pay. And so, if someone is willing to spend $2,000 on a 350- square foot space, that's going to be the market, because people want to be in that space. So, you know, I know we try to always find solutions to this affordable housing, but any time you're renting units and you're creating a -- you're manifesting more and more rental communities, you're not solving the problem. Chair Russell: Agreed. So how much time do we need to work on this before bringing it back? Mr. Garcia: It is a subject that we've given much thought to. I'd be happy to prepare a draft proposal for you to consider immediately. And you will be the judge as to when the right time is to bring it back. Chair Russell: Thank you. Is there a motion then to continue PZ. 7? Vice Chair Gort: Move it. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: It would be the next like meeting, so December. Commissioner Reyes: Next meeting. Chair Russell: Correct. Moved by the Vice Chairman; seconded by the Chair. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on PZ. 7. City of Miami Page 30 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZ.8 ORDINANCE First Reading 6595 AN ORDINANCE OF THE MIAMI CITY Commissioners COMMISSION AMENDING ORDINANCE NO. and Mayor- PZ 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA ("MCNP"), BY MODIFYING THE PARKS, RECREATION AND OPEN SPACE ELEMENT OF THE MCNP TO PROVIDE REQUIREMENTS FOR REPLACEMENT OF CONVERTED PARK LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item PZ.8 was deferred to the January 9, 2020, Regular Commission Meeting. Chair Russell: Next item is PZ.8, MCNP (Miami Comprehensive Neighborhood Plan) Parks, Recreation and Open Space Element. I believe this is yours, Commissioner Reyes. Commissioner Reyes: (UNINTELLIGIBLE). Chair Russell: PZ.8. Commissioner Reyes: PZ.8 is the (UNINTELLIGIBLE). Chair Russell: The no net loss. Commissioner Reyes: No net loss. I -- (UNINTELLIGIBLE) continuing to work with the (UNINTELLIGIBLE). But I will like to keep on working with Francisco. And Francisco and I, we had had very productive discussions on this. And I will like to continue this -- or defer until, I'd say, first meeting in January, so we can continue and find a happy medium and agree on this. Chair Russell: Okay. It's been moved by Commissioner Gort; seconded by Commissioner Reyes, I assume, to defer this to the first meeting in January. Is there any further discussion? Commissioner Reyes: Okay. Chair Russell: All in favor say "aye. " City of Miami Page 31 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on PZ.8 for deferral. PZ.9 ORDINANCE First Reading 5694 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY Planning AMENDING ARTICLE 7, SECTION 7.1.2.8, TITLED "AMENDMENT TO MIAMI 21 CODE," TO EXEMPT REZONINGS OF PROPERTIES BY THE CITY OF MIAMI TO "CS," CIVIC SPACE TRANSECT ZONES, OR 7-1," NATURAL TRANSECT ZONES, FROM MINIMUM SIZE AND FRONTAGE REQUIREMENTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: PZ9, zoning text for CS (Civic Space) and T1. Commissioner Reyes: Well, I will ask this for an indefinite deferral until we can work out some issues with Planning that we've been talking about. Chair Russell: Is that a motion for indefinite deferral? Commissioner Reyes: That's a -- Chair Russell: Move -- motion for indefinite deferral on -- Vice Chair Gort: Second. Chair Russell: -- PZ9. Seconded by the Vice Chair? Vice Chair Gort: Yes. Chair Russell: Yes. Any further discussion? Commissioner Reyes: No. Chair Russell: All in favor say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 32 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZ.10 ORDINANCE Second Reading 6339 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 75-R," URBAN CENTER - RESTRICTED TRANSECT ZONE, TO 76-8-0," URBAN CORE - OPEN TRANSECT ZONE, OF THE PROPERTY, LOCATED AT APPROXIMATELY 790 NORTHWEST 44 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT ATTACHED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13875 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: PZ.10. This is the rezoning of 790 Northwest 44th Avenue. Is there a motion on PZ.10? Vice Chair Gort: Move it. Chair Russell: Commissioner Gort, I figured Commissioner Reyes: I'll second it. Chair Russell: Moved and seconded; the Vice Chair and seconded by Commissioner Reyes. I see a lot of drawings being set up and demonstratives, but they may or may not be necessary. Commissioner Reyes -- Commissioner -- Vice Chairman Gort. Vice Chair Gort: We discussed this, and we have some (UNINTELLIGIBLE) -- there have been a lot of people from the neighborhood in here in the first hearing, and they're all in favor of it, because they can have a supermarket close to them. There's quite a few apartment buildings right behind the supermarket that they can walk to and make their purchases. Commissioner Reyes: That's right. I know the area very well, and you know it. And I know that a supermarket is needed There is no place for them. And as a matter of fact, they have little stores that they are overpriced, and this will bring competition to the area. And they will have the ability to just walk to it. The only concern that I have is about the architect. Unidentified Speaker: This is for the -- Commissioner Reyes: Sedano -- Chair Russell: Microphone, please. City of Miami Page 33 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Commissioner Carollo: Yeah, I remember this. It's the Sedano one. Unidentified Speaker: Yes, sir. Commissioner Carollo: My comments that I made in the first hearing still stands, so. Chair Russell: Thank you. So there's been a motion. There is a second. Is there any further discussion? Francisco Garcia (Director, Planning): Just to remind the Commission, there is a proffered covenant that we are including, as well. Is that correct? Ben Fernandez: Yes, yes. Ben Fernandez, 200 South Biscayne Boulevard We've proffered a covenant, and we would request that you move subject to the recordation of the covenant. Thank you. Chair Russell: Understood Could we read the title, please? The Ordinance was read by title into the public record by Assistant City Attorney Amber Ketterer. Chair Russell: Thank you. Any further discussion? All in favor say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes -- Mr. Fernandez: Thank you very much. Chair Russell: -- on PZ 10. Thank you. PZ.11 ORDINANCE Second Reading 6337 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL" OF THE ACREAGE DESCRIBED HEREIN FOR THE PROPERTY LOCATED AT APPROXIMATELY 1040 SOUTHWEST 29 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13876 City of Miami Page 34 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: PZs (Planning & Zoning) 11 and 12. I believe this is the Smathers project. Commissioner Reyes, I believe this is your district. Commissioner Reyes: Which one? Chair Russell: Smathers project. Commissioner Reyes: Oh, yes. Chair Russell: PZ.11 and 12. Is there a motion? Commissioner Reyes: Well, I'll move it, but I -- (UNINTELLIGIBLE) talking about (UNINTELLIGIBLE). We have a covenant -- I mean, we have some sort of agreement. And it all (UNINTELLIGIBLE) you agree with it and everybody and Mr. Liu agree with it. And I think that it's going to be very beneficial. That's Smathers Plaza, right? Unidentified Speaker: Yes, sir. Commissioner Reyes: Okay, and -- Unidentified Speaker: Name and address. Commissioner Reyes: I move it. Commissioner Carollo: Second. Chair Russell: It's been moved by Commissioner Reyes, seconded by Commissioner Carollo. Commissioner Carollo: Couple of questions I have, AL This is supposed to be a mixed project? Albert Milo: Originally, it was going to be a mixed income project, but Commissioner Reyes wanted it to be strictly an elderly project. So we worked together through his ojfice and with the County, and we converted it from a mixed income project to a full elderly project. Originally, it was going to be 112 units. It's now going to be 139 units, so we were able to get 27 additional units. But more importantly, they're all elderly. Commissioner Carollo: Good. Mr. Milo: With the County, also, we have 65 units that are going to have a Section 8 (UNINTELLIGIBLE) contract, for a typical senior who's going to pay 30 percent of their income, which is going to be rents of $225 a month. Commissioner Carollo: That's fantastic. I'm -- Commissioner Reyes: And that is in writing. City of Miami Page 35 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Mr. Milo: Yes, sir. Commissioner Carollo: -- glad that I've heard that, because if you were going to have any mixed units there, I was going to recommend that you kept the elderly at least in different floors from other age groups. So I'm glad that Commissioner Reyes worked it out with you so they could all be elderly. Commissioner Reyes: I know I was -- could count on you. Commissioner Carollo: Absolutely. Mr. Milo: Yeah. It will now -- the whole Smathers Plaza development will remain as a senior -- Commissioner Carollo: Well -- Mr. Milo: -- campus, ifyou will. Commissioner Reyes: Well, then, senior campus. Commissioner Carollo: From what I've seen, it creates a lot of problems when you have mixed units with the elderly, and that's why I feel that way about it. So I'm glad that it's being done that way. Mr. Milo: Thank you. Commissioner Carollo: Thank you. Chair Russell: Thank you. Please read PZ 11 and PZ 12 title into the record, please. Commissioner Reyes: I move it. Amber Ketterer (Assistant City Attorney): PZ 11 -- Commissioner Carollo: Move -- second. Chair Russell: It's been moved and seconded. The Ordinance was read by title into the public record by Assistant City Attorney Amber Ketterer. Chair Russell: Thank you very much. All in favor of PZs 11 and 12, say "aye. " Ms. Ketterer: That was only PZ.11. Chair Russell: Oh, please read them both. I apologize. Ms. Ketterer: So, P -- and that -- this one includes a covenant. The Ordinance was read by title into the public record by Assistant City Attorney Amber Ketterer. Chair Russell: Thank you. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 36 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: Any opposed? This is for PZ.11 and 12. Motions -- Commissioner Reyes: (UNINTELLIGIBLE)/ Chair Russell: --passed. Thank you. Commissioner Reyes: Mr. Chair, I want to publicly thank Related and Milo for the job you did today distributing turkeys to the elderly, and that's very commendable, sir. Mr. Milo: Thank you. Commissioner Reyes: Thank you very much. Mr. Milo: Thank you. Chair Russell: Thank you very much. PZ.12 ORDINANCE Second Reading 6338 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1040 SOUTHWEST 29 COURT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "75-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, TO "76-8-R," URBAN CORE TRANSECT ZONE - RESTRICTED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE . ENACTMENT NUMBER: 13877 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For minutes referencing Item PZ.12, please see Item PZ.11. City of Miami Page 37 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZ.13 ORDINANCE Second Reading 6340 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3640 BIRD AVENUE, 3601 BIRD ROAD, AND 3555 SOUTHWEST 29 TERRACE; AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 2990 SOUTHWEST 36 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13879 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: PZs.13 and 14. This is the rezoning in my district. I'd welcome a motion on PZs.13 and 14. Vice Chair Gort: Move it. Chair Russell: It's been moved by the Vice Chair, seconded by the Chair. This is right on Bird Avenue. And I've been talking with the applicant. If I understand correctly, you've formed a relationship with Casa Valentina -- Alex Uribe: Yes. Chair Russell: -- very nearby and are open to a covenant that would involve a jobs program. Mr. Uribe: I would have to discuss it with my client, who's unfortunately not here, on the covenant. But I know that he has -- he is committed to keep working with that. And it's something we would have to talk to with the client, though. I don't have the authority from him to enter or to agree to a covenant at this exact moment. Chair Russell: Have you already figured out the scope of the jobs program? Mr. Uribe: Yes. Chair Russell: What does it look like? City of Miami Page 38 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Mr. Uribe: It's going to be allowing and bringing in trainees to learn modern automobile tech, aspects of service for the cars, sales, and various office administrative areas. Chair Russell: We have a few other items to get to. Would you be able to make a phone call? Mr. Uribe: Ifyou'd like, yes. Chair Russell: I would, because I do believe the intention here. I'd just like to memorialize it. And I thought we had discussed that, and I apologize if I hadn't brought that up before. But we can take up some other items while you speak with him, and then we can -- Mr. Uribe: Very good. Chair Russell: -- table it for right now, please. So motion withdrawn for the moment, if that's all right, Vice Chairman. Vice Chair Gort: Yeah. Chair Russell: PZ -- Edward Martos: Tabled. Chair Russell: Yes? Mr. Martos: You said "withdrawn." Tabled. We'll be right back. Chair Russell: Tabled, yes. No, but the motion was withdrawn. There was a motion to pass it at the moment. That's been withdrawn. Later... Chair Russell: Back to PZ.13 and 14, the last of the evening for the Planning and Zoning agenda. So we were discussing a potential covenant with regard to a jobs program. Mr. Uribe: Yes, and I didn't mention my name for the record. Alex Uribe, with offices at 2525 Ponce. Yes. We -- I spoke to the owner of the business and they are willing to put something on the record and -- tonight. And if -- and move this towards something written. I can tell you already, having spoken to him, interviews are scheduled. The nature of this is going to be a training kind of a vocational almost, and we're going to involve learning -- or teaching the kids who are -- and the young adults, I should say, at Casa Valentina, both boys and girls, opportunities to learn how to work modern car service equipment, sales and various office administrative. And so, if you'd like to go into a little more detail. And -- Chair Russell: If it's not in writing, we just need to verbalize it to put it on the record. Mr. Uribe: I'm putting it on the record here. Chair Russell: So -- Mr. Uribe: I'm happy to. City of Miami Page 39 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: -- the scope and duration of the program. Mr. Uribe: So the scope is a four -month training. It's paid. And at the end, you know, the participants who show that they are qualified, will be offered employment - - permanent employment with the dealership. And our client is prepared to continue this, you know, as long as he's operating a dealership at the property. Chair Russell: What --how many applicants or trainees per year? Mr. Uribe: We're envisioning up to four -- Chair Russell: Okay. Mr. Uribe: -- at a time. Chair Russell: So -- and for those who -- and is this restricted to Casa Valentina residents and--? Mr. Uribe: That's the only one, of course, we've been discussing or we've talked to. But if there's -- if there are other qualified loca -- Edward Martos: For the record, Edward Martos, offices at 2525 Ponce de Leon Boulevard. We've already spoken to Mr. Vickers. And we're going to be in touch with him about other opportunities with other programs, other organizations that might be able to offer students up. We'll have up to four. We will pay --they will be paid. The job opportunities will be based on --full-time job opportunities will be based on their qualifications and there being a position available, of course. I just wanted to clear that up for the record. Chair Russell: Thank you. No, that's very clear. And just for those of you who aren't familiar, Casa Valentina's a not -for -profit based in my district that services former foster youth who are out of the foster system but not yet in the cycle of life, so over 18, under 21, 22, applying to college, and looking for work training. It's a very difficult time in life, where they are very vulnerable after being in foster care. And it's -- I've absolutely fallen in love with this not -for -profit. I know some of you have visited them, and I encourage all of you to do so. But they are right across the street from this dealership. And so, it's a beautiful partnership, and I hope it succeeds. And thank you for proffering that covenant. Vice Chairman, if you're open to reestablishing that motion? Vice Chair Gort: Move it. Chair Russell: Seconded by the Chair. Commissioner Carollo: I got a question or two. Chair Russell: Yes. Commissioner Carollo: What dealership are you representing? Chair Russell: This is the Deel Volkswagen. Commissioner Carollo: Okay. You guys aren't going to be dealing Jaguars there, right? Mr. Uribe: That I know of, no. We'll go ahead and say that's a very different demographic. It's also -- Commissioner, it's also not a public storage facility. City of Miami Page 40 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Commissioner Carollo: Thank you. Commissioner Gort caught on to the joke. Mr. Uribe: Thank you. Mr. Uribe: Not just him. Chair Russell: Could we read PZ.13 and PZ.14 into the record, please? Ms. Mendez: The whole covenant -- what was that -- is that something that's already been -- Chair Russell: It has, if you could just take it from the tape. I think it's pretty clear. Ms. Mendez: No, no, no. Has it already been given to us? Chair Russell: It has not been put in writing. Ms. Mendez: So, this is the first time it's brought up. Chair Russell: Yes. Ms. Mendez: Right, so we have to -- Chair Russell: First time verbalized. Ms. Mendez: -- say it's as amended, so that's why I -- Chair Russell: Correct. Vice Chair Gort: Right. Ms. Mendez: Okay. The Ordinance was read by title into the public record by City Attorney Victoria Mendez. Ms. Mendez: PZ.14. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended, with a covenant proffer. Chair Russell: Thank you. PZ.13 and 14, any further discussion? All in favor, say aye. " The Commission (Collectively): Aye. Chair Russell. Any opposed? Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: Motion passes. Mr. Uribe: Thank you. City of Miami Page 41 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: The Vice Chairman has something to say. But first, Commissioner Carollo, there are three remaining items from the morning's agenda that you were waiting for further information from the Administration. Todd B. Hannon (City Clerk): Chair, that is a separate agenda, so we'd like to adjourn. Chair Russell: So, I just need to know if he wants its to go back -- Mr. Hannon: Oh, my apologies. Chair Russell: -- to it, because if we don't, then we're just going to be done for the night. Commissioner Carollo: I do not, because I have not received all that I need. And frankly, what additional stuff they were going to give me, what time do we have even to look at it today? Chair Russell: All right Commissioner Carollo: This is not something new, Mr. Deputy Manager. This was done and asked publicly here at a meeting, several meetings ago. And it took my office this morning to ask for information, and we got only a portion of what I had asked for; not the remaining part that is really going to tell me the cost involved in all of this -- or projected cost. Chair Russell: All right. So, what we're going to Commissioner Hardemon: Well, I want to hear, you know, what it is that (UNINTELLIGIBLE) -- Chair Russell: Then we need to reopen the morning's agenda. And so, first we're going to adjourn the PZ agenda. We'll do that, and then you need to change the tape, I assume. All right. Commissioner Carollo: Let's do it PZ.14 ORDINANCE Second Reading 6341 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "D1," WORK PLACE TRANSECT ZONE, TO 75-0," URBAN CENTER - OPEN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3601 BIRD ROAD, 3640 BIRD AVENUE, AND 3555 SOUTHWEST 29 TERRACE; AND BY CHANGING THE ZONING CLASSIFICATION FROM 74-1-," GENERAL URBAN - LIMITED TRANSECT ZONE, TO 75-0," URBAN CENTER - OPEN TRANSECT ZONE, FOR THE PROPERTY LOCATED AT 2990 SOUTHWEST 36 COURT, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13880 City of Miami Page 42 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record. For minutes referencing Item PZ.14, please see Item PZ.13. PZ.15 ORDINANCE Second Reading 6546 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Commissioners OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY and Mayor- PZ AMENDING ARTICLE 7, SECTION 7.1.7.6., TITLED "COVENANT IN LIEU OF UNITY OF TITLE," TO PROVIDE FOR THE ACCEPTANCE OF COVENANTS IN LIEU OF UNITY OF TITLE FOR PROPERTIES IN A 73-0," SUB -URBAN TRANSECT ZONE - OPEN, IN ORDER TO ALLOW FOR INDIVIDUAL OWNERSHIP OF UNITS ON LOTS IN SAID TRANSECT ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13878 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: PZ.15, zoning text, covenant in lieu of unity of title. This is also the duplex issue. Is this your -- this is your item, I believe -- Commissioner Reyes: Yeah. Chair Russell: --Commissioner Reyes. Is there a motion for PZ.15? Vice Chair Gort: Move it. Chair Russell: Moved by the Vice Chairman; seconded by the Chair. Commissioner Reyes: Second That's right. That's good. Chair Russell: Is there any further discussion on PZ.15? Unidentified Speaker: No. Chair Russell: Read that into the record, please. Amber Ketterer (Assistant City Attorney): PZ.15, File ID (identification) 6546. The Ordinance was read by title into the public record by Assistant City Attorney Amber Ketterer. Chair Russell: Is there any further discussion? All in favor of PZ.15, say "aye. " City of Miami Page 43 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes on PZ.1 S. PZ.16 ORDINANCE First Reading 6759 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING 0.53 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 1583 NORTHWEST 24 AVENUE, MIAMI, FLORIDA FROM "75-L," URBAN CENTER — LIMITED, PARTIALLY TO "75-R," URBAN CENTER— RESTRICTED AND PARTIALLY TO "D3," WATERFRONT INDUSTRIAL, AND BY CHANGING 8.91 ACRES OF THE PROPERTIES AT 1535, 1545, AND THE REMAINING PORTION OF 1583 NORTHWEST 24 AVENUE, MIAMI, FLORIDA FROM "76-12-L," URBAN CENTER — LIMITED, PARTIALLY TO "D3," WATERFRONT INDUSTRIAL, AND PARTIALLY TO "75-R," URBAN CENTER — RESTRICTED, RESULTING IN 2.25 ACRES OF "75-R", URBAN CENTER — RESTRICTED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE REMAINING 7.19 ACRES OF "D3," WATERFRONT INDUSTRIAL, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes, Hardemon NAYS: Carollo For additional minutes referencing PZ.16, please see "Public Comment Period For Planning and Zoning Item(s). " Chair Russell: PZ.16. Commissioner Carollo: I'd like to defer PZ.16. Chair Russell: To what date, please? Commissioner Carollo: Next available meeting. Chair Russell: All right. Vice Chair Gort: Hey, excuse me. Any particular reason, Commissioner? Commissioner Carollo: I haven't been by there (UNINTELLIGIBLE) such a difference in zoning is appropriate or not. Vice Chair Gort: Well, I think that it is a change that has to be made. Citv ofMiami Page 44 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: Mr. Director. Vice Chair Gort. We should hear from --before you defer. Francisco Garcia (Director, Planning): Yes, sir, if I may, by way of brief introduction. I recognize that if one were to look at the illustrations in your agenda, this may be a bit confusing. If you'll indulge me for about two minutes, I think I can make sense out of it. Item PZ.16 is also related to the discussion item that we continued earlier -- or dispensed with earlier. And what we are trying to do here, which is why the City is the applicant, is for this parcel of land known as Brisas del Rio, which is on the Miami River, just across the river from Curtis Park, what we're trying to do is we're trying to restore both the land use and the zoning designation of the site to what it should have been, and I'll explain. Back in 2006, there was -- so prior to the present Zoning Ordinance, prior to this Commission and many others -- back in 2006, there was an application for a land use change and a zoning change for this site. And the resulting designation -- zoning designation under the previous zoning ordinance was liberal commercial, which would be roughly the equivalent of today's T6-12, right? That was challenged. That was appealed and it was, in the end, turned down and denied. At that point in time, the effect of the court denying ultimately that zoning change was to have the land use automatically revert back to the previous land use. That has already taken place. The zoning, however, needed Commission action to revert it back to the original zoning. That never took place. That was somehow deferred maintenance, let's call it, and it simply was never accomplished. What we are presenting to you today is an amendment in terms of the zoning that takes the zoning from what it is today, which is T6-12(1) in an incorrect fashion, back to D3, which is the marine -related industrial category that should be there and that is in the abutting land, as well; and a sliver of it on the western side, to T5, which is also what corresponds to the main pattern of development in the area, and what was there previously to that zoning change that took place in 2006. That on the zoning side -- and I'm bringing that to you because that requires Commission action. On the land use side, we are simply administratively going to reflect on the atlas what the land use is already today as a result of the denial of the appeal in 2006. It's somewhat convoluted, I know. We've worked diligently with the property owners for approximately a year and change. This has been vetted by the River Commission. This has been vetted by the Miami Marine Group, which were the original appellants. And I know Mr. Andrew Dickman is here on behalf of one of the nearby property owners, because they want to meticulously cross "T's" and dot "I's" as pertains to some particularities. He may want to address those, and I would invite him to do so. For that purpose, we have agreed that between first and second reading, we would be glad to meet with them, address and certainly satisfy any concerns they may have. We are positive that what we're doing here is simply restoring to good order what has simply not been done over the last 12 years. Chair Russell: All right. So where are we, gentlemen? Commissioner Gort, are you looking to see this passed today? Vice Chair Gort: I'd like to see it pass on the first reading. Second reading, you can make any changes you want. Commissioner Reyes: I'll move it. Chair Russell: Its been moved by Commissioner -- well, you have a motion -- you were working on a motion to defer. Commissioner Carollo: I had made a motion to defer. There was no second. City of Miami Page 45 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: All right. Commissioner Carollo: (UNINTELLIGIBLE). Chair Russell: Is your microphone on, please? Commissioner Carollo: I said I reserve my right to change my vote on second reading. But if this is going to be voted upon now, I will vote in the negative, because, frankly, this is a lot of zoning change. And, you know, even the Planning Director admitted this is complicated. And I want to see really what it all entitles and what it looks like. Chair Russell: All right. Vice Chair Gort: I could understand -- Chair Russell: Motion to defer dies for lack of second. Commissioner Reyes is proffering a motion, seconded by Commissioner -- Vice Chairman Gort. Vice Chair Gort: Correct. Chair Russell: Is there any further discussion on PZ.16? Can you please read it into the record? Amber Ketterer (Assistant City Attorney): Sure. PZ.16, File ID 6759. The Ordinance was read by title into the public record by Assistant City Attorney Amber Ketterer. Chair Russell: Thank you. Any further discussion on PZ.16? Mr. Garcia: Yes, sir. Briefly, to note for the record, as a result of the conversation that I've had with Mr. Dickman, who is a party of interest, and also, in conversations with representatives of the property owner, we hereby commit that this will -- item will not come before the City Commission on second reading prior to the meeting of the month of January, so not in December. And on December 18, exactly, we will dedicate approximately half a day to meet with Mr. Dickman and any other concerned parties to resolve any or all concerns they may have. And in addition, I would personally commit not to make any changes, which we could do administratively to the land use component to this application, until such meeting has been had and we are all in agreement that this can go forward. Iris Escarra: Just want to put on the record we have no objection. Chair Russell: Thank you. Noted. Andrew Dickman: Yeah. I'm Andrew -- Chair Russell: Would you like to make a comment? Mr. Dickman: -- Dickman, Dickman Law Firm. I'm the attorney for Antillean Shipping, and I'm also the attorney that worked out the settlement from 2010 that covers the entire Port of Miami River. I appreciate staffs willingness to give us a little time to work through what is, admittedly, a complicated activity. So thank you. Commissioner Reyes: This will assure that we're still going to have industrial -- a working -- that's the idea. City of Miami Page 46 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Vice Chair Gort: Industrial use of -- Commissioner Reyes: That the use is going to -- that land is going to be used as industrial for the -- Mr. Dickman: Yes, sir. That's what we've been told, and that's what the -- Commissioner Reyes: That's right. Mr. Dickman: -- Miami River Marine Group was told. Commissioner Reyes: That's why I'm -- Mr. Dickman: And candidly, they -- I don't think they looked at it meticulously. They relied on your -- Commissioner Reyes: Yes. Mr. Dickman: -- assurances, but, yes, that -- we hope that is the case. And that's why we really appreciate staff and my friend, Iris, over there to be working with me on this, so thank you. Commissioner Reyes: Okay. Chair Russell: All right. That's PZ.16. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Commissioner Carollo: Nay, nay. Chair Russell: 4-1, motion passes. Vice Chair Gort: Even my last one? Come on. You're not going to see me anymore up here. You might see me down there, not here. Chair Russell: Wait, what does that mean to be a Commissioner emeritus? Do you get a vote? Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: Do you get a vote? You can be a tie -breaker. Vice Chair Gort: Tie -breaker. Commissioner Carollo: All right. Commissioner Reyes: Will be a tie -breaker. City of Miami Page 47 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZ.17 ORDINANCE First Reading 6796 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY and Mayor- PZ OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY "SUPPLEMENTAL AMENDING ARTICLE 6, TABLE 13, TITLED REGULATIONS," TO ADD A SUPPLEMENTAL REGULATION FOR "PUBLIC STORAGE FACILITIES," BY REQUIRING ON -SITE BULK WASTE DISPOSAL, PROVIDING FOR ALLOWANCE BY WARRANT, DESIGN REVIEW, SEPARATION/DISTANCE REQUIREMENTS, AND REGULATIONS WITHIN TRANSECT ZONES; PROVIDING THAT ON - SITE BULKY WASTE DISPOSAL NOT BE SEPARATELY CHARGED TO EXISTING CLIENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: All right. PZ 17, please. Commissioner Reyes: PZ.17. Chair Russell: Public storage facilities. Commissioner Reyes: Yes. Sir, this is -- and I mean, what I'm trying to do here is -- and try to fight illegal dumping. And as you go around on those different storage areas, you see that people -- that they have -- whatever they have in their storages, when they want to throw them away, instead of going to a dumpster, they throw it in front of the storage. And then, here we come every week and we pick it up. And particularly, in D4, in my district, we have -- I have sometimes three storages, one after the other. So this is to make them obtain -- those public storage facilities, make them responsible for the trash that they are -- I mean, that their tenants are throwing away. Vice Chair Gort: Second. Chair Russell: Moved by Commissioner Reyes; seconded by the Vice Chair. Commissioner Hardemon: I do have an amendment that I would like to make to it. Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: I think that we should require that this bulk waste deposit -- or depository, if you will, should not be visible from the street. Commissioner Reyes: I accept that. I accept that as an amendment. And Madam City Attorney, could you please include that? Thank you, sir. Chair Russell: Mr. Director. City of Miami Page 48 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Francisco Garcia (Director, Planning): So, yes, we will gladly do that. That is provided for, and that is precisely the reason why we are allowing these uses only through warrants. The warrant is the permitting process that allows us to review each application to ensure that these requirements are complied with and that any bulk waste disposal is completely hidden from the street. I will add one more thing, and this is, I think, partially in response to an item that Commissioner Carollo has brought up before. We are also ensuring that public storage facilities are -- require a warrant, also, in industrial districts, because we know firsthand that in a nearby industrial district, there has been a proliferation of them. And because they are by right there, their design typically leaves a lot to be desired. And in addition, that distancing requirements also be implemented, both throughout the City, but especially, also in industrial districts. So we are very happy to have worked with the Commissioners on this one. And we really believe this will make a difference as pertains to illegal dumping in the City of Miami. Commissioner Carollo: Well, I congratulate Commissioner Reyes on this, because I think this is one that's going to be very helpful. However, the point that I want to make here tonight is that all of these public storage facilities, that the bulk are in your district, and then in mine, should have never been approved. Commissioner Reyes: Absolutely. Commissioner Carollo: Several of them in your district, I find them outrageous in Coral Way. I mean, how can you put public storage facilities in Coral Way? But nevertheless, through the process of warrants, they were put there. Now -- Commissioner Reyes: You'reright. Commissioner Carollo: -- the Planning Director's going to tell you that, with Miami 21, that that was allowed. But gee, it took over a year after Miami 21 was implemented for them to go up. And I don't want to bore you guys, but when I was running for office, I went to see a nice chap that I had known. He wanted to contribute to my campaign. And "solto la sopa", which in Spanish means, he told me everything that he and his business were doing. And one of the stories that he told me was how he got to be involved in the public storage facility. Since they had money, they received a call from someone that told them this would be a good business in here and there. And to make a long story short, it wasn't a pleasant story that I was told at the end, that left a good taste in my mouth. And I keep seeing them going up. So I want a motion, Madam City Attorney -- an ordinance, if need be -- that we stop storage public facilities from going up in the City unless they're in the types of zoning that we used to have and only allowed them before this wonderful Miami 21st. In fact, I find repugnant this whole warrant thing, because until I got here, people could do warrants in Planning and Zoning. And the Commissioners sitting up here would only find out after they saw something happen in their district. They had no idea. And you talked about being transparent and having the responsibility. Well, people up here are the ones who are elected. We're the ones that have the responsibility and past Commissioners, and future, as well. Not a single appointed official in whatever department that no one knows why they're making decisions. They don't have to explain it to anyone in public, like we do when we're up here. So I also would like to come back at a future date and study this whole warrant process -- even the name sounds bad -- with Miami 21; that I don't want any bureaucrat making decisions and giving warrants out for whatever unless this Commission makes public decisions. And, you know, this could be brought up for discussion -- Commissioner Reyes: Yeah. City of Miami Page 49 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Commissioner Carollo: -- at another time. It's late tonight, and it's not in the agenda, so I'm not going to force the issue. But I think we all need to study it. And the best example that I could give you is what happened with all the storage facilities. They, all of a sudden, within about a year and a half, they started going up everywhere. Chair Russell: It's one of many examples, and you're very right. The weakest portion of the warrant and waiver process is the notification. Commissioner Carollo: Yeah. Chair Russell: The fact -- because the only safeguard is that residents could appeal them if they know it's happening, if they meet it within the 15 day, and they never do. The mailing process, the process for proving that the mailing has been done or received, which it's not -- it's not. You only prove that you sent it. You don't have to prove that they've received it. Commissioner Carollo: Yeah. Chair Russell: They're -- you know, I've been asking for a change to the notification process for a very long time. The signage that should be put up in front of any property that's eligible that's applying for something like this should be so obvious to any neighbor -- Commissioner Carollo: Yeah, absolutely. Chair Russell: -- driving by -- Commissioner Carollo: Absolutely. Chair Russell: -- not walking by and staring at the back of a tree with a taped piece of paper. The new technology that's available to us to do notification is not taken advantage of at all, and that's why these things slip through the cracks. The neighbors don't know. They don't appeal. And then we find out about it when it's being built and the complaints come. Commissioner Carollo: And Commissioner -- Chair Russell: So, you're absolutely right. Commissioner Carollo: -- you know what was sad? That up until the time that I got here and I found out about this warrant gig, and when I realized what was going on is when I placed a motion to force the Administration that every time there was a warrant, we will be notified directly, that they must notes us. That wasn't even the case. None of you were notified in the past. And this is wrong. And this Commission needs to exercise the authority, the trust that the residents put upon us by electing us. We're the ones that the buck stops here. And we have to take that authority back so that, hey, look, if we make a mistake, at least it was our mistake, not someone else's that made it for us. And in a future date, I'd like to study this whole Miami 21 and how we could change that so that these kind of decisions that are being made in the fashion that they are -- in fact, I've gotten notifications in my own districts about people that have applied for warrants and so on. Have I ever heard back to see whatever happened? What one of our directors decided to do, or a gun was put in his head to make him do it, I don't know. And I think it should be done in a public process, where it's discussed publicly and everybody has the same level playing field to observe, and hear what is being done, what is being asked. City of Miami Page 50 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Chair Russell: Mr. Director, how much time do you need to come back with a comprehensive look at the warrant/waiver notification process under Miami 21 ? Mr. Garcia: The process is well established. I will describe it to you, as I have before, as a rigorous process, but we could certainly document it and present to you with it. (UNINTELLIGIBLE). Chair Russell: We're familiar with what the process is. But we do believe it has weaknesses in it that need to be -- Mr. Garcia: I understand. Chair Russell: -- improved. Could we take a three-month look at it to bring back legislation? Mr. Garcia: I'd love to bring it for you before that, because God knows we can use a better process. You'll receive no pushback from me on that. I will work with IT (Innovation and Technology) to try to document for you what can be done, what is within our means to do more effectively. I know they've been working on it, and it may very well be that they're ready to present it. Chair Russell: I'd be glad to cosponsor it with you, Commissioner Carollo. Commissioner Carollo: Thank you. I appreciate it. Chair Russell: Yeah. Mr. Garcia: In addition, if I may, and in response to the concerns expressed, what I would be very happy to do -- and I think it would serve at least partly that purpose that you were describing -- is to prepare a list of all the uses that are presently allowable through the warrant process and invite you to look at them, and see if they actually merit more strict scrutiny, maybe up to a public hearing with the PZAB (Planning & Zoning Advisory Board), or maybe up to approval by the City Commission. We process what we process through warrants, because that's what the Code provides. If you feel it merits additional scrutiny, we're happy to bring it to you every time. Commissioner Carollo: We could still -- Chair Russell: We'd also like to study the number that come, because we don't want to burden this body with what should be -- Mr. Garcia: Of course. Chair Russell: -- somewhat administrative. But I understand the concerns because - - yeah. Commissioner Carollo: On this one -- Chair Russell: So -- Commissioner Carollo: -- ifI got to stay after 10, I'll gladly do it. Chair Russell: All right. So let's look at PZ.17. I believe we've got a motion and a second, and we've read it into the record? Commissioner Carollo: Yes. City of Miami Page 51 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Commissioner Reyes: Can I add -- Chair Russell: All right. Commissioner Reyes: Can I add something? Chair Russell: Yes, of course. Commissioner Reyes: Commissioner Carollo, I will also cosponsor that. Commissioner Carollo: Thank you. Commissioner Reyes: And I want to go a little bit further. Francisco, how can we revisit Miami 21 ? Mr. Garcia: Let us know what you wish to revisit, whether it's sections or all of it, and we'll bring it to you right away. Commissioner Reyes: I would like to revisit Miami 21 -- Chair Russell: Vice Chairman. Commissioner Reyes: -- because there are certain things (UNINTELLIGIBLE). Commissioner Carollo: Well, that's, in essence, what we told him here. Commissioner Reyes: That's right. Commissioner Carollo: But Madam City Attorney, to be very clear, I would like to have an ordinance sent to this body so that we could limit where these storage facilities are going up. And in the meantime, Francisco, we would very much appreciate it if you could put a freeze in giving any -- Commissioner Reyes: Warrants. Commissioner Carollo: -- warrants out for storage facilities. Mr. Garcia: That, sir, I'm afraid I cannot do by law. The best -- the next best thing I can do is bring to you a very strict ordinance that limits them significantly. But I don't have the ability to deny administratively any permits. I can only process them as the Code calls for them. Victoria Mendez (City Attorney): Right. So, we can -- for next agenda, on December 12, we could do a zoning in progress type ordinance that -- Commissioner Carollo: Well -- Ms. Mendez: -- would be able to -- Commissioner Carollo: -- I -- Ms. Mendez: --stop the permitting. Commissioner Carollo: -- wasn't quite convinced on that answer. Let me be more specific. How many storage facilities do you have in the line right now that have applied to go up? City of Miami Page 52 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Mr. Garcia: None that I'm aware of, to be honest. There may be one that I don't know of, but not many -- Commissioner Carollo: Okay. Mr. Garcia: -- at present. Commissioner Carollo: So, there might be one. Mr. Garcia: I'll certainly check. Commissioner Carollo: Okay. Well, Madam City Attorney, can you instruct this body what we could do to put a stop to that? I mean, I know how I would do it, but I'd prefer for you to tell me the most legal way of doing it. Chair Russell: You're looking for a moratorium on that use. Ms. Mendez: So -- right. So we would do a moratorium. At the next Commission meeting -- I have to remind myself quickly and I'll look -- if it has to be two readings, if it would have to be an emergency, two readings. Commissioner Carollo: Well, it's an emergency, and I'll make a pocket item right now. Ms. Mendez: But it's -- remember that it's uses. It's uses, so Florida Statute doesn't allow us to do some of the zoning ones. So it would probably be two readings; one December 12, and one the first reading. And then we can put a stop -- Commissioner Carollo: Well, see -- Ms. Mendez: -- in January. Commissioner Carollo: -- was all right when he started saying he didn't have any. Then when he said he didn't know, there might be one out there. So -- Ms. Mendez: But we could definitely put a moratorium. It would just require two readings, and then we do the Zoning Ordinance change. Maybe we could do it right at the same time, depending on PZAB (Planning, Zoning and Appeals Board). Commissioner Carollo: Well, this is an emergency, because it is destroying many of our most important avenues and how they look. Chair Russell: Connectivity. Commissioner Carollo: In everything. It's a quality of life issue. And frankly, the requirements that we have that they have to have in the bottom ground storefronts, it's a joke. You go to any of them and you tell me how many business -- what storefront activity any of them have. Vice Chair Gort: None. Commissioner Carollo: None. In fact, some of them are so outrageous that in the part that was supposed to be storefront, all you see are additional storage places there. Chair Russell: All right. Well -- City of Miami Page 53 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 Commissioner Carollo: So -- Chair Russell: -- I'd say let's -- Ms. Mendez: I'll work on it. Chair Russell: -- bring something back. I don't think we should pass anything tonight. I'm sure the storage lobby would like to hear about this, and Big Storage will show up at some point. We did pass legislation, I believe, two years ago, with distance requirements -- Ms. Mendez: Yes. Chair Russell: -- between them. Ms. Mendez: We did distance. Commissioner Carollo: Well, if they do show up, I might finish my story tonight that I didn 't finish. Chair Russell: All right. Please read PZ.17 into the record. The Ordinance was read by title into the public record by City Attorney Victoria Mendez. Chair Russell: Thank you. Any further discussion on PZ.17? Todd B. Hannon (City Clerk): Chair, I believe it is being amended on the floor to include that bulk waste -- Chair Russell: Yes. Mr. Hannon: -- should not be seen from the street. Chair Russell: Correct. Mr. Hannon: Something to that effect. Commissioner Carollo: Yes. Chair Russell: And the mover and seconder agreed. Commissioner Carollo: Yes. Chair Russell: Okay. Thank you. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 54 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 PZ.18 RESOLUTION 6528 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, GRANTING OR DENYING THE APPEAL FILED BY Planning VILLAGE MONTESSORI SCHOOL OF A PLANNING, ZONING AND APPEALS BOARD ("PZAB") DECISION AND AFFIRMING OR REVERSING PZAB'S DENIAL OF AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PRE- SCHOOUCHILD CARE FACILITY FOR A MAXIMUM OF 190 CHILDREN ON THREE (3) PARCELS LOCATED WITHIN A 74-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, AND 76-8-0," URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1267 SOUTHWEST 22 STREET, 1292 SOUTHWEST 21 TERRACE, AND 2149 SOUTHWEST 13 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Chair Russell: To start with, can I get a motion to continue PZ 18? This is the school item. Vice Chair Gort: Move it. Chair Russell: Moved by the Vice Chairman; seconded by the Chair. Commissioner Hardemon, are you on the dais? All right. Any discussion? Todd B. Hannon (City Clerk): Chair, again, that's to December 12. Chair Russell: Yeah. It's continued to the next like meeting, so December 12. Let me just -- Elinette Ruiz: Elinette Ruiz, on behalf of the applicant. We requested till February, the February meeting. Chair Russell: On behalf of the applicant. Ms. Ruiz: Yes, on behalf of the applicant. Chair Russell: All right. Which meeting in February would that be? Mr. Hannon: February 13 or February 27. Chair Russell: 27r" is the Planning and Zoning meeting, so we'll schedule -- Ms. Ruiz: That's fine. Chair Russell: --for that one. Ms. Ruiz: That's fine. Chair Russell: So, it's a deferral until February 17. City of Miami Page 55 Printed on 211812020 City Commission Meeting Minutes November 21, 2019 ADJOURNMENT Vice Chair Gort: February 27. Ms. Ruiz: Thankyou. Chair Russell: Mover and seconder agrees. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That was a thumbs up over there. Ms. Ruiz: Thank you. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo Note for the Record: Item PZ.I8 was deferred to the February 27, 2020, Planning and Zoning Commission Meeting. END OF PLANNING AND ZONING ITEM(S) The meeting adjourned at 8:15 p.m. City of Miami Page 56 Printed on 211812020