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Application and Supporting Documents
Cityamiarni Phntwg Department & Office ofZomg F,rnai17 Planting (305) 416-1400 Zoning (305) 416-1495 RF-ZoEiag Application Application Fiat Name: Javier Last Name: Fernandez Emil: jk-andez@-W1aw.— h, PRIMARY APPLICANTINFO First Name: Last Name: Corporation: Pelican Harbor Seabird Station, Inc. Address: 1279 NE 79th Street Causeway City: mmilli State: Florida 24r 33138 Email: christoper@pehcmharbor.org Phone: (305) 751-9840 First Name: Last Name: Corporation: Pelican Harbor Seabird Station, Inc. Address: 1279 NE 79th Street Causeway City: Mani State: Florida Zip: 33138 Enuff: christc)per@peficanhathor.org Phone: (305) 751-9840 Project NaEm: Pelican Harbor Seabird Station Project Address: 399 NE 82 TER Uidt Nurnber. City: Miami State: Florida Zip: 33138 Master Folio Number. 0132070200310 NOTICE Th,—bm`"A—d— be hedu�d b, a pob- h—,,g ao�d— .� t—l". set font h the city a Mlami Code. The appUud, dmi-, makmg hotlywil renrenew'theat the pb" hearing- d' --d.., , a t I d.d. PZ-20-6058 09/19/22 That under the penalty ofperjury, I declare that all the inforrmtion contained in this pemnR application is accurate to the best ofrrry knowled • That NO work or imta➢ation wiH commence prior to the issuance of a buulft pennR and that all work wil be perfomed to rueet the s regulating construction and zoning in this jurisdiction • I wA in all respects, perform work in accordance with the scope ofthe pern* the City ofMiarmi's codes and aIl other- applicable laws, ordinances. • That aIl iufonmatKm gnen wifl be accurate and that aIl work wM be done in compliance with al applicable laws regulating constnrctim and • That separate pemkts may be requrced unless specifica➢y covered with the submittal of this application • Tbat there may be additional pants required from other- entities. • Fees shaU be paid prior to the review and issuance ofthe permit, as necessary. • Pemit fives are non-refindable NOTICE Thla sabmMA neeba to be schebade b, a p0k hewing —rb—win t-1 set fonh i, tna City & Miami CWe. The applud, dsision-making bWy will resew he information at the pebk hearing to —dtl , a rtxommenda ., or afinal d-iaon. PZ-20-6058 71►\ 09/19/22 First Last t First Last _ Name: �,�(,fyi�i Name: t,.�y}�OZ Name: - Name: Signature: Signature: i Date: --- 2 Z�/ Z/Ge Date: 2 Z/ 2dZV BERCOW HADELL FERNANDEZ LARKIN + TAPANES \ ZONING. LAND USE AND ji,�.1..E.... 200 S. Biscayne Boulevard Suite 300, Miami, FL 33131 www.brzoninglaw.com 305.377.6227 office 305.377.6222 fax mtapanes@brzoninglaw.com February 8, 2022 VIA ELECTRONIC MAIL Cesar Garcia -Pons, Director City of Miami Riverside Center Department of Planning 444 SW 2 Avenue Miami, FL 33131 1�J L11Y'f]F� NOTICE rni. eobmiaal neeas m re a�neaei�.e mr i pabe� beahng in 1Cw, .nmwimti-d es i tonein me eirym Mlami CWe. The appllwde tlecision-maXing bony will renewthe inharmation at the pubic hearing to rentler e recommenaation or � nnal eeueon. PZ-20-6058 / \\ 09/19/22 /f Re: Notice of Representation: Pelican Harbor Seabird Station, Inc. PZ-20-6053, PZ-20-6058, and PZ-21-10502 Dear Cesar: This letter shall serve to notify the City of Miami that this law firm has been retained to represent the interests of Pelican Harbor Seabird Station, Inc. in connection with Planning Zoning Nos. PZ- 20-6053, PZ-20-6058, and PZ-21-10502. All future correspondence should be directed to my attention. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6227. CC: Robert Glidewell Christopher Boykin Jacqueline Ellis Sue Trone Ryan Shedd Orlando Sharpe Carli Koshal Very truly yours, Melissa Tapanes Llahues This instrument prepared by and, when recorded, should be returned to: A. Vicky Garcia -Toledo, Esquire Bilzin Sumberg Baena Pace & Axelrod LLP Suite 2500 200 South Biscayne Boulevard Miami, Florida 33131 ea5s tq NOTICE RD rn�esabminel geed— � e�hedamd m, a p0k h.,,,g �R hE�C<; TiAPV I 1, accortlance wkh t-11 es set forthh the City& W Mi— Ce. The appliud, dsls , making bWy will MIAMI—D re'ewthe inforrnation at the peb" hearing to render a re<om datirinorzZId.d. PZ-20-6058 09/19/22 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS The undersigned owner ("Owner") of the real property (the "Property") lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally described in Exhibit "A", which is attached hereto and made a park hereof, and located at: Street Address: 399 NE 82 Terrace, Miami, Florida IN ORDER TO ASSURE the City of Miami that the representations made to them by the Owner in connection with that certain public hearing application for an amendment to the Miami Comprehensive Neighborhood Plan and that certain public hearing application for an amendment to the Zoning Atlas and/or Overlay District (collectively, the "Applications") will be abided by the Owner, its heirs, successors or assigns, freely, voluntarily and without duress, Owner makes the following Declaration of Restrictive Covenants ("Declaration") covering and running with the Property: (1) The Owner voluntarily proffers the following conditions to the development of the property: (a) Provide one vehicular access from North East Fourth Avenue into an internal drive to the project and to serve as the access point to all units. if requested by the Fire Department for the life safety, needs of the community, a "break -away" metal exit may be provided for use by emergency vehicles only. (b) Provide four (4) units within the affordability range of workforce housing as identified by Miami -Dade County. (e) Provide a "look out" to the Little River Canal, which will be submitted to the Oakland Grove Homeowners Association for design input. (d) Provide a tree mitigation and relocation plan. Gy'SY I)A'>L NOTICE Thls submittal need— be achedu�d br a p0k hearing ,da wi hm1 aet ronh i, the City& (e) Provide a sidewalk as part of the project on the east side eN Wi��e meeppli�aedeieion mzkingbWywll theinfrnm Pplal the pub4c hearingto Wywa rtxommentlation or a final deciaon. Avenue. PZ-20-6058 (f) Provide the option of the traffic mitigation plan as presented b 09/19/22 ' Garcia and Associations to be implemented only by and at the requ the Oakland Grove Homeowners Association. (g) Provide that the subject property shall not seek a change of zoning for a period of ten (10) years following the adoption date of the change of zoning from R-1 to Single Family Residential to R-2 Duplex Residential on May 24, 2007. (2) Conditions Precedent, This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida only upon, and is expressly conditioned upon, the approval by the City Commission of the City of Miami and expiration of all applicable appeal periods of the Applications pending before the City Commission. (3) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future owner(s) of the Property.. (4) Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then owner(s) of the Property, or portion thereof, provided that the same also is approved by the City of Miami, Florida, after public hearing with, at a minimum, written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls as of the date of application. Modification of this Declaration shall require the affirmative approval of a simple majority of the City Commission of the City of Miami. Any modification, amendment or release shall be in a form acceptable to the City Attorney. (5) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants of this Declaration. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (6) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more 'shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges.. AN NOTICE -� This submittal neetlato be ach.dWed br a p0k hearing 'dtl with hma1 act forth m ma City& (7) SeverabiRty. invalidation of any one of these covenants by jud aiCotle. Theappliwde tlsisionmakingbWywll the infrnmalion at the pub4c hearing to rentler a f rtxommentlation or a final d.d. on. in no way shall affect any of the other provisions, which shall remai L PZ-20-6058 And effect. 09/19/22 (8) Recording. This Declaration shall be filed of record by the Owner in the p records of Miami -Dade County, Florida at the cost of the Owner as provided in Section 3 of this Declaration. The Owner shall promptly furnish the Department of Hearing Boards with a recorded copy of this covenant. (Signature Page Follows) W MR.-n-a--m W-M. �M �W_ k_ Hk1liva � �. F-0 "em ! EA , W'I Address: Fc_ STATE OF FLORCDA ) R COUNTY OF ) LrfTLE RIVER PLAZA, LLC By: Kada T,PAos, Managing Member The foregoing instrument was acknowledged before me this }26 day of June, 2007 by KATIA TRAIKOS, as Managing Member of LITTLE RIVER PLAZA, LLC, who is personally known to me or produced a valid driver's license as identification. My Commission Expires:% Notary Public Sign Name: Frint Name: Signed, witnessed, executed and acknowledged this 12'' day of June, 2007. 4 NOTICE Thls submittal needsto be achedui db, a p0k hexhng — wkh t—lin. set font m the City w Miami Code. The appliud, tlsision-making bWy will re'ew heinformation at the pubk hearing to n do 'a rtxommentlation or a final deli, on. PZ-20-6058 71►\ 09/19/22 4, s • r • N ICFIOI_AS+D.+PERRIS• Comm# DD0349256 EVires1271 W 9 sa%, rr • Bonded thru (�)43'2• + Florida Notary Assn., Inc OR 1? K 25 1-AST PAG Exhibit "A►" Legal Description NOTICE Thls submittal needs to be achedu�d b, a p0k hexhng a wkh tm[n set font m th. city& mid Code. Theappliud, tlslsion-making bWywill re'ewthe information at the pubec hearing to mode, a rtxommentlation or a final deciaon. PZ-20-6058 71►\ 09/19/22 A portion of Lot 19 of "TUTTLES SUBDIVISION", according to the plat thereof as recorded in Plat Book B, at Page 3, of the Public Records of Miami -Dade County, Florida, lying South of the South line of the Little River and West of the Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, being more particularly described as follows: Commence at the Southwest corner of said Lot 19; thence run East, along the South Line of said Lot 19, for a distance of 162.00 feet to the Point of Beginning of parcel of land hereinafter to be described; thence continue East, along said South line of Lot 19, for a distance of 60.00 feet to a point of intersection with the Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, said point being a point on curve bearing S. 841 06' 06" E. to the center of said curve, having for its elements a Radius of 1960.08 feet and a central angle of 19' 13' 34";. Thence run Northeasterly along the arc of said circular curve, concave to the Southeast, (also being said Westerly . right-of-way line), for an arc distance of 657.72 feet to a point of tangency of said circular curve (said point bears N. 64' 52' 32" W. from the center of said curve); Thence run N. 25' 07' 28" E. for a distance of 14 feet, more or less, to the Southerly water's edge of the Little River; Thence meandering Northwesterly and Westerly, along said Southerly water's edge, for a distance of 338 feet more or less to a point of intersection with the Easterly line of Lot 13 of "FLORA DEL RIOT", according to the plat thereof as recorded in Plat Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida; Thence run S. 00' 08' 06" W., along said Easterly line of Lot 13 and its Southerly extension, for a distance of 172 feet more or less to the Southeast corner of the Right -of -Way of N.E. 84th. Street, as shown on recorded plat of "FLORA DEL RIO", according to the plat thereof as recorded in Plat Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida; Thence run West, along the Southerly line of said right-of-way of N.E. 84th. Street, for a distance of 20.00 feet to a point of intersection with the Easterly Right -of -Way line of N.E. 4th. Avenue, as shown on said recorded plat of "FLORA DEL RIO"; Thence run S. 00' 08' 06" W. along said Easterly Right -of -Way line of N.E. 4th. Avenue, for a distance of 692.50 feet to the Point of Beginning. Said described parcel of land lying and being situated in the City of Miami, Miami -Dade County, Florida. Property Address: 399 N.E. 82nd Terrace, Miami, Florida. MIAMI 1265025.3 7678424983 6104/07 11:57 AM k, Book258621Page3366 CFN#200708 1 4994 a` NOTICE rni.need. m—lhedwed m, a pabk heeling m .�o�aan� wlm iimehn1ld fMh m the Citym Mlaml C We. The apphw le decision-mahing bwy will rewewthe lnbrmation at the public hearing t. render e recommendation or a final decmon. PZ-20-6058 / \\ 09/19/22 /f PZD-1 E-PLAN INDEX Pelican Harbor Seabird Station Rezoning Application PZD-1 E-Plan Index PZD-2 Pre -Application Meeting Form PAP-1 Signed Rezoning Application PZD-3 Signed Letter of Intent PZD-4 Application Analysis V-1 Survey V-2 Survey PHO-1 Aerial Photo of Parcel PHO-2 Context Photo — View of Parcel from SE Facing NW PHO-3 Context Photo — NE 3rd Place PHO-4 Parcel Photo — SW Corner PHO-5 Context Photo — NE 4 Ave PHO-6 Parcel Photo — Western Boundary on NE 4 Ave PHO-7 Context Photo — SF Homes West of Parcel PHO-8 Context Photo — SF Homes West of Parcel on NE 84 St PHO-9 Context Photo —Terminus of NE 84 St PHO-10 Parcel Photo — West Boundary at NE 84 St & NE 4 Ave PZD-5 Existing FLUM PZD-6 Proposed FLUM PZD-7 List of All Folios PZD-8 Legal Description of Proposed FLUM PZD-9 Neighborhood Outreach Reports PZD-10 Proffered Modification to Declaration of Restrictive Covenants PZD-HB2 Acknowledgement by Applicant PZD-HB3 Lobbyist Registration PZD-HB4 Affidavit of Authority to Act PZD-HB5 Disclosure of Agreement to Support or Withhold Objection PZD-HB6 Disclosure of Ownership PZD-HB8 Certificate of Status PZD-HB9 Corporate Resolution & Power of Attorney PZD-HB11 Board of Directors List 1�J L11Y'f]F� NOTICE rni..obnidal needs m h.&w d m,. pbk heeling In arcortlana wM1h tlmelln, set f,& in the City & Mlami CWe. The aped. A, decision -making bWy will n:wewtheinbrm , at the pa bec hearing to n,nde,e --lotion n, a final decison. PZ-20-6058 / \\ 09/19/22 /f Submission date: 4 February 2020, 3:31 PM Receipt number: 34 Related form version: 13- I Question I Response 17 UFYP %wi 76-T1101"ANUM f1171ITT 1more than one) What is your relation to the property? ;I am a representative (lawyer, power of �attorney, etc) .What is your full name? iJavier E. Fernandez, Esq. ,What is your email? "m "10 M- � "n-o— 101 1 ps, I 3057612274 What is the full name of the property owner? 701 M-1 09111 R-11 I I 1i I i N, ow "Is T. Me Has your property been rezoned in the last 18 -[I*-jtWs? • TT'hat is the existing zoning (Part 1)? "M ETC MINIMUM "T R1 Sub -Urban What is the proposed zoning (Part 1)? What is -the proposed zoning (Part 2) VAIM101 r"401,011,1a WIN General Urban TThat is the Existing FLUM? 'Medium Density Multifamily Residential Is this in an Historical District Overl ay? Which historical district overlay? Is this in a Tree Preservation Overlay? �Unsure VA 1151111 M-71.61 V-1733 Will the application examine previous zoning changes, as relevant, within a 500-ft radius? • -1 of 2--�-- Will you be supplying a covenant? Note: If a covenant is not submitted at time of Pre - Application, this will cause delays of two -wnths. Please upload a copy of the covenant here (if ttou have it). Please uplo—d —aLetter of Intent (LOI) that clearly explains the request, the reason for tht. request, if there are changing conditions, and how the change of zoning fills a "valid interest" to the City (disparate impact). If you have other documents you'd like to include, you may upload them here for our staff to review. (Example: Photos, Letters of Support, Neighborhood Outreach, etc). Signature, below (you can use your finger or mouse). This is for office use only. NOTICE Th1. sOrnidx[ —d, b —Ih.&led for a public hexing —nd— t-1— set f,ft in the City& M1— CW,. Th, pplu U, decision -making bWy will ,,Newihe information at the p,bfi, hearing t, rentler --d., ora final d-id., i PZ-20-6058 09/19/22 SM G C),.,.__ ATTORNEYS SMGQLAW.coM December 11, 2020 Via E-mail to OZamora@miamigov.com Ms. Olga Zamora, Administrator Office of Hearing Boards Planning Department City of Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 NOTICE i , submhtal needs to be schedWed fara pobk hearing ccorda with Ume[l set forth In the Ctyof Mlaml Cale The appliratle deal n -making body will rewew Meinbmrafian at the public hearingm renaera reoorn dadon or afinal decidon. PZ-20-6058 09/19/22 A ' Re: Letter of Intent for Application for a Future Land Use Map ("FLUM") Amendment & Rezoning for Property Located at 399 N.E. 82nd Terrace, Miami, FL (the "Property") Dear Ms. Zamora: Our firm represents The Pelican Harbor Seabird Station, Inc. (hereinafter, the "Applicant" or "Pelican Harbor"), which is the owner of subject Property. Pelican Harbor is presently located outside the City of Miami ("Lily") and provides care, at no -cost, to all injured, native birds, mammals, and reptiles on a 24-hour a day basis, 365 days per year in preparation for their eventual release and reintroduction into the wild. Applicant has purchased the Property to relocate the Pelican Harbor's headquarters into the City from its current location on the N.E. 79th Street Causeway. While the Property appears perfectly suited for Pelican Harbor's intended use, the Property's present FLUM designation of Medium Density Multi -Family Residential and transect designation of Sub -Urban Transect Zone Open (T3-0) precludes the Applicant's intended use of a Community Facility. To that end, Applicant is requesting a FLUM amendment for the Property to Medium -Density Restricted Commercial and rezoning to General Urban Zone Limited (T4-L), which amendments would permit the intended Community Facility use pursuant to the issuance of a Warrant. The maps submitted as part of the application depict the current and requested FLUM and zoning transect designations. Site History The Property has been the subject of repeated efforts to obtain a rezoning which would permit more intense residential development. Such prior applications have been strenuously opposed by the residents of the adjacent residential neighborhood represented by the Oakland Grove Homeowners Association. In 2007, the Applicant's immediate predecessor in title subjected the Property to a Declaration of Restrictive Covenants (the "Declaration") which, in pertinent part: (i) limited the owner's ability to seek a rezoning for a period of 10 years; (ii) require a minimum number of workforce housing units as part of any future development; and (iii) requires certain design features as part of any future development for the benefit of the neighborhood. A copy of the declaration has been submitted via E-Plan for your review. Applicant has also submitted a draft modification to the Declaration that will facilitate the development of Pelican Harbor's project and which it willingly proffers in connection with the applications. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGS, GOMEZ & MACHADO LLP SMGQLAW.COM 201 ALHAMBRA CIRCLE, SUITE 1205, CORAL GABLES, FL 331 34-51 07 TEL: 305.377. 1 000 FAX: 855. 327.0391 yet v oa,y, .• +Cl9v. NOTICE In City's Parks & Open Space Master Plan (2007), the Property is identified for fut Th`;n'a°o',n° ne°tl°to�e`he°ef"t, p1,cl`, 'ing danced, time Ih.delfb,t the Cl d as the "Little River Preserve" — an open space on the western bank of the Little River tha MI-1 C . The appli-. tleclsion-making b 1y.11 ,e 1-1lnb'mallon at the public M1eanng t, rc,d,,a �omm°ntlationn,afinzldeclaon park access within the Little Haiti subarea. The development of this approximately 2.5- PZ-20-6058 manner was identified as a complement to the existing Oakland Grove Mini Park. To date, 09/19/22 for the development of the Property has been inconsistent with the City's vision as articulated in • plan. Pelican Harbor's acquisition of the Property represents an opportunity to align its mission with the City's vision in its master plan. The relocation of the organization's seabird station onto the Property will provide for the future development of a Community Facility that will operate in many respects like a park and open space. In addition, per the Applicant's initial analysis of the site's characteristics, it appears that the site is potentially rich in archaeological artifacts. The Applicant looks forward to incorporating the archaeological heritage of the site as part of its plan to activate the site for its current mission and broader community access. Miami Neighborhood Comprehensive Plan (MNCP) Analysis The site is presently designated Medium -Density Multifamily Residential in the City's FLUM. Per the description on page 22 of the MNCP for the current designation, uses most proximate to the desired Community Facility Use are limited as follows in the text of the MNCP Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses... Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed onl in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas... (Emphasis added). Given the limitation on the Applicant's intended use under the current FLUM designation, we are requesting a designation change to Medium Density Restricted Commercial. Said change does not modify the permitted residential density on the site, but does expand the scope of permitted non-residential uses to include the following: ...This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools... The list of expanded uses appear consistent with the description of the desired Community Facility use authorized by Warrant under the Miami 21 Code should the companion transect designation be modified to T4-L as requested by the Applicant. Further, the requested FLUM designation change does not offend, but substantially advances, many of the goals, objectives, and policies of the MNCP. Specifically, the Applicant's requested FLUM designation change advances the following elements of the MNCP: Policy LU-1.5.2: Land use regulations and development policies will be consistent with the intent and purpose of...and other appropriate requirements regarding waterfront access and management. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP SMGQLAW.COM yet v oa,y, .. NOTICE The requested FLUM amendment and companion transect designation change w Th`,n'a�o °ee°am�e`be°°�°�`ap°b°`tyari°g dance. wRh timelines aet forth In the Cl d Mlemi C le. The applica Fie tlecision-making body rnll !eNewlhe lnb'mation at the public M1eanng to rcnAera access to the waterfront and effectuate the Waterfront Development Guidelines in Appe �ommentla onnrafina de icon 21 PZ-20-6058 09/19/22 Goal LU-2: Preserve and protect the heritage of the City of Miami through identificatio • evaluation, rehabilitation ... and public awareness of Miami's historic, architectural, and archaeological resources. Objective LU-2.5: Increase public awareness of historical, architectural, archaeological resources and cultural heritage of the city, and public policy and programs to protect and preserve this heritage, through public information and education programs. The Property has been the subject to an initial analysis completed by Robert Carr, a noted local archaeologist who is now affiliated with Archaeological & Historical Conservancy, Inc. The study commissioned by Pelican Harbor identified the presence of prehistoric and historic materials on the Property. Pelican Harbor is committed to those materials being properly catalogued and displayed in the appropriate context and making the site's archaeological history a meaningful part of the Pelican Harbor educational mission and programming on -site. Objective PR-1.3: Pursue expanded and new opportunities identified in the 2007 Parks Master Plan ... to share park, recreation, and open space resources with... nonprofit organizations ... that may be able to share land and programs with the City Parks and Recreation Department. Policy PR-1.3.1: The City will establish communication with and liaisons to agencies and groups that have existing and potential recreation and open space resources in order to pursue access by City residents. The Property is identified as a recreational opportunity site in the 2007 Parks Master Plan. While the site will be in the hands of a private, not -for -profit organization, PHSS' request provides an opportunity for collaboration with the City's Parks & Recreation Department to expand access to open space and new programming. Potential opportunities include potential collaboration around shared programming in the areas of veterinary care, land conservation and historic preservation. Objective PR-3.2: Enhance the public's visual and physical access to waterfront areas. Finally, the proposed FLUM amendment will facilitate a project that will provide meaningful access to the Little River for residents of the immediate area and visitors to the Pelican Harbor's new headquarters. Rezoning Analysis Consistent with Article 7, s. 7.1.2.8.a of Miami 21, a zoning change may be made to a transect zone in a manner which maintains the goals of Miami 21. A requested change must satisfy the requirements of s. 7.1.2.8.f. Below is an analysis of the Miami 21 criteria: ■ Criteria 1(a): Miami 21, Art. 7, s. 7.1.2.8.f.1(a) — The relationship of the proposed amendment to the goals, objectives and policies of the MCNP, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP; the Miami 21 Code, and other city regulations. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP SMGQLAW.COM The request is consistent with the following MNCP policies, goals & objectives: NOTICE Thlsaubmi [needst be acbedWed h,da p0k beading ccord—.Rh tirn M. aet forth In the Cll' o MI-1 C . The appli-F. de�lsion-making body.11 de 1-1lnbnnallon at the public bearing t, rc,d,,a --lotion or a final decid Policy LU-1.1.7: "Land development regulations and policies will allow for the Pz-20-6o50 redevelopment of well -designed, mixed -use neighborhoods that provide for the full range of res 09/19/22 /i[ live/work spaces, neighborhood retail, and community facilities in a walkable area and that are a t a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit." Approval of the subject application will complement the adjacent residential development to the west of the Property and the commercial development east of the Little River by providing needed Community Facility use that will provide access to the waterfront for area residents and preserve portions of the Property, and the archaeological patrimony situated therein, from development. Policy LU-1.6.8: "The City's land development regulations will encourage and/or require, as set forth in the Parks, Recreation and Open Space element of this plan the provision of open space in development projects in both residential and commercial areas" The requested FLUM amendment and rezoning will help realize the City's desire, as reflected in the Parks, Recreation & Open Space Master Plan, to have this area serve as the preserve. Pelican Harbor's proposed Community Facility Use (a not -for -profit animal clinic & community environmental and historic educational center) will in substantial measure advance the City's goal of creating a preserve on the Property. Objective LU-2.2.: "Protect archaeological resources within the city from destruction and loss." Pelican Harbor has conducted a preliminary evaluation of the site which has unearthed a variety of archaeological artifacts on the site. Pelican Harbor is not only willing to adhere to the requirements of Chapter 23 but committed to making the archaeological characteristics of the Property part of its operating mission for proposed facility. Objective PR-1.1: "The City shall work to achieve a medium -term objective of providing a park within a ten-minute walk of every resident. " Applicant's request will effectively advance a proposal that will provide resident access to the Property that, in sharp contrast to prior proposals, will keep most of the site in its undeveloped state and provide access to the waterfront in a park -like setting. Advancement of the Application will expand resident access to open space within a 10-minute radius. In addition to advancing the aforementioned objective, approval of the Applicant's request will ensure that MNCP policy PR-3.2.7 by fostering an opportunity for the City to work with the sponsor organization to expand public recreational opportunities along smaller waterways, such as the Little River. Policy CM-1.1.5: "Within the Coastal Zone, or along the Miami and Little Rivers, no land uses which represent a likely or significant source of pollution to surface waters will be permitted, unless measures which substantially eliminate the threat of contamination are implemented as conditions for approval of development or redevelopment." (Emphasis added.) The Property has been the subject of a long-standing monitoring regime due to the presence of contaminants previously believed to be adversely affecting waterway. Approval of the requested FLUM SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP SMGQLAW.COM yet v oa,y, NOTICE amendment and rezoning for the Community Facility use will permit the environmental Th`,'auo a°ea°`mom °°�°'th thb°`b`°'i°g dance.Rh timelines aet forth I, the C1W MI—i C.. The appli_de de lsion khq body.11 re 1-1lnb'mallon at the public h,,,,,g t, rc,Aera and introduction of a use that will pose no threat of contamination. aomme da o ora �a de loon PZ-20-6058 ■ Criteria 2: "A change may be made only to the next intensity Transect Zone or by a Special 09/19/22 in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods an • transitions in intensity and Building Height. " The proposed change is successional as it complies with the requirements of Art. 7 as the request is for a rezoning to the next intensity Transect Zone of General Urban Zone Limited (T4-L). For each of the foregoing reasons, we would request staff favorable consideration of this request and look forward to working with staff to make Pelican Harbor's ambition for a Community Facility use on the Property a reality. Sincerely, f avie' E. Fes' Javier E. Fernandez, Esq. SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP SMGQLAW.COM NOTICE k�,�bmittal needs t be acbedWed h,da p0k beading rd—.Rh tirn M. set forthntheC le The appli-F. de�lsion-making by.11 —1lnbnnallon at the public bearing t, rc,de,a --lotion or a final decid FLUM & REZONING TABLE SUMMARY PZ-20-6058 09/19/22 Property Existing Proposed Existing Proposed Pa Address FLUM FLUM Zoning Zoning Footage 399 NE 82nd Medium Medium Suburban Zone General Urban 114,563 sq. Terrace Density Multi- Density Open (T3-0) Zone Limited ft. (2.63 Family Restricted (T4-L) acres) +/- Residential Commercial SANCHEZ-MEDINA, GONZALEZ, QUESADA, LAGE, GOMEZ & MACHADO LLP SMGQLAW.COM PZD-4 APPLICATION ANALYSIS Site History 1�J L11Y'f]F� NOTICE rn1.e, m t Iheae�e m,. pabk h.,,,g In arcortlana wM1h tlmelln1ld forth in the City & Mi"ITheapphwd' decision -ma i,g bwywill rewewihe inbrmation at the pabc hearing t. re dtl , a e fin mends ., o, a al ecin., � PZ-20-6058 / \\ 09/19/22 /f The Property has been the subject of repeated efforts to obtain a rezoning which would permit more intense residential development. Such prior applications have been strenuously opposed by the residents of the adjacent residential neighborhood represented by the Oakland Grove Homeowners Association. In 2007, the Applicant's immediate predecessor in title subjected the Property to a Declaration of Restrictive Covenants (the "Declaration") which, in pertinent part: (i) limited the owner's ability to seek a rezoning for a period of 10 years; (ii) require a minimum number of workforce housing units as part of any future development; and (iii) requires certain design features as part of any future development for the benefit of the neighborhood. A copy of the declaration has been submitted via E-Plan for your review. Applicant has also submitted a draft modification to the Declaration that will facilitate the development of Pelican Harbor's project and which it willingly proffers in connection with the applications. In City's Parks & Open Space Master Plan (2007), the Property is identified for future development as the "Little River Preserve" — an open space on the western bank of the Little River that would enhance park access within the Little Haiti subarea. The development of this approximately 2.5-acre site in this manner was identified as a complement to the existing Oakland Grove Mini Park. To date, each proposal for the development of the Property has been inconsistent with the City's vision as articulated in the master plan. Pelican Harbor's acquisition of the Property represents an opportunity to align its mission with the City's vision in its master plan. The relocation of the organization's seabird station onto the Property will provide for the future development of a Community Facility that will operate in many respects like a park and open space. In addition, per the Applicant's initial analysis of the site's characteristics, it appears that the site is potentially rich in archaeological artifacts. The Applicant looks forward to incorporating the archaeological heritage of the site as part of its plan to activate the site for its current mission and broader community access. Miami Neighborhood Comprehensive Plan (MNCP) Analysis The site is presently designated Medium -Density Multifamily Residential in the City's FLUM. Per the description on page 22 of the MNCP for the current designation, uses most proximate to the desired Community Facility Use are limited as follows in the text of the MNCP: Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses... Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed onl in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas ... (Emphasis added). 1�J L11Y'f]F� NOTICE 1...bm�nal �..e, m t Ih.&. dm,. p.bk h.,,,g i� .�o�a.�� whn t1,[ 11ld fl& I tn. Citym i"I CWe. Theapphwdl' bsi.io a i,g bwywill New iheinbrmation at the p.bk hearing t. render. Given the limitation on the Applicant's intended use under the current FLUM despmm. &d.,—f,M d.dv.n k PZ-20-6058 requesting a designation change to Medium Density Restricted Commercial. Said change do 09/19/22 permitted residential density on the site, but does expand the scope of permitted non-re include the following: ...This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools... The list of expanded uses appears consistent with the description of the desired Community Facility use authorized by Warrant under the Miami 21 Code should the companion transect designation be modified to T4-L as requested by the Applicant. Further, the requested FLUM designation change does not offend, but substantially advances, many of the goals, objectives, and policies of the MNCP. Specifically, the Applicant's requested FLUM designation change advances the following elements of the MNCP: Policy LU-1.5.2: Land use regulations and development policies will be consistent with the intent and purpose of... and other appropriate requirements regarding waterfront access and management. The requested FLUM amendment and companion transect designation change will provide public access to the waterfront and effectuate the Waterfront Development Guidelines in Appendix B of Miami 21. Goal LU-2: Preserve and protect the heritage of the City of Miami through identification, evaluation, rehabilitation ... and public awareness of Miami's historic, architectural, and archaeological resources. Objective LU-2.5: Increase public awareness of historical, architectural, archaeological resources and cultural heritage of the city, and public policy and programs to protect and preserve this heritage, through public information and education programs. The Property has been the subject to an initial analysis completed by Robert Carr, a noted local archaeologist who is now affiliated with Archaeological & Historical Conservancy, Inc. The study commissioned by Pelican Harbor identified the presence of prehistoric and historic materials on the Property. Pelican Harbor is committed to those materials being properly catalogued and displayed in the appropriate context and making the site's archaeological history a meaningful part of the Pelican Harbor educational mission and programming on -site. Objective PR-1.3: Pursue expanded and new opportunities identified in the 2007 Parks Master Plan ... to share park, recreation, and open space resources with... nonprofit organizations ... that may be able to share land and programs with the City Parks and Recreation Department. `11Y flp� NOTICE Policy PR-1.3.1: The City will establish communication with and liaisons to agencies aMdalneetls tllileWdfl&ilthlCty&tla[ m d, hmelne.&ed rihinthe Cl ofoWe. ((�fb� have existing and potential recreation and open space resources in order to pursuerecemme The apphwde tlecisio a i,g bWY will at the pabk hearing to re dtl ,that dtl ., of a fmzl eeciWen City residents. PZ-20-6058 09/19/22 The Property is identified as a recreational opportunity site in the 2007 Parks Master Plait ? the site will be in the hands of a private, not -for -profit organization, PHSS' request provides an opportunity for collaboration with the City's Parks & Recreation Department to expand access to open space and new programming. Potential opportunities include potential collaboration around shared programming in the areas of veterinary care, land conservation and historic preservation. Objective PR-3.2: Enhance the public's visual and physical access to waterfront areas. Finally, the proposed FLUM amendment will facilitate a project that will provide meaningful access to the Little River for residents of the immediate area and visitors to the Pelican Harbor's new headquarters. Rezoning Analysis Consistent with Article 7, s. 7.1.2.8.a of Miami 21, a zoning change may be made to a transect zone in a manner which maintains the goals of Miami 21. A requested change must satisfy the requirements of s. 7.1.2.8.f. Below is an analysis of the Miami 21 criteria: ■ Criteria 1(a): Miami 21, Art. 7, s. 7.1.2.8.f.1(a) — The relationship of the proposed amendment to the goals, objectives and policies of the MCNP, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP; the Miami 21 Code, and other city regulations. The request is consistent with the following MNCP policies, goals & objectives: Policy LU-1.1.7: "Land development regulations and policies will allow for the development and redevelopment of well -designed, mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit." Approval of the subject application will complement the adjacent residential development to the west of the Property and the commercial development east of the Little River by providing needed Community Facility use that will provide access to the waterfront for area residents and preserve portions of the Property, and the archaeological patrimony situated therein, from development. Policy LU-1.6.8: "The City's land development regulations will encourage and/or require, as set forth in the Parks, Recreation and Open Space element of this plan the provision of open space in development projects in both residential and commercial areas" The requested FLUM amendment and rezoning will help realize the City's desire, as reflected in the Parks, Recreation & Open Space Master Plan, to have this area serve as the preserve. Pelican Harbor's proposed Community Facility Use (a not -for -profit animal clinic & community environmental and historic educational center) will in substantial measure advance the City's goal of creating a Property. Objective LU-2.2.: "Protect archaeological resources within the city from destruction and 1�J L11Y'f]F� NOTICE Thlssubmittal needsb be sch.&W db, s pubk heahng aoId—.M1 timelines set iodh in the City of Mlemi Code. The appdw le decision -making body will rewewihe information at the pabec hearing t, re,d,, e recommendation or a final decison. PZ-20-6058 / 09/19/22 /f Pelican Harbor has conducted a preliminary evaluation of the site which has unearthed a vari y of archaeological artifacts on the site. Pelican Harbor is not only willing to adhere to the requirements of Chapter 23 but committed to making the archaeological characteristics of the Property part of its operating mission for proposed facility. Objective PR-1.1: "The City shall work to achieve a medium -term objective of providing a park within a ten-minute walk of every resident." Applicant's request will effectively advance a proposal that will provide resident access to the Property that, in sharp contrast to prior proposals, will keep most of the site in its undeveloped state and provide access to the waterfront in a park -like setting. Advancement of the Application will expand resident access to open space within a 10-minute radius. In addition to advancing the aforementioned objective, approval of the Applicant's request will ensure that MNCP policy PR-3.2.7 by fostering an opportunity for the City to work with the sponsor organization to expand public recreational opportunities along smaller waterways, such as the Little River. Policy CM-1.1.5: "Within the Coastal Zone, or along the Miami and Little Rivers, no land uses which represent a likely or significant source of pollution to surface waters will be permitted, unless measures which substantially eliminate the threat of contamination are implemented as conditions for approval of development or redevelopment." (Emphasis added.) The Property has been the subject of a long-standing monitoring regime due to the presence of contaminants previously believed to be adversely affecting waterway. Approval of the requested FLUM amendment and rezoning for the Community Facility use will permit the environmental restoration of site and introduction of a use that will pose no threat of contamination. Criteria 2: "A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height. " The proposed change is successional as it complies with the requirements of Art. 7 as the request is for a rezoning to the next intensity Transect Zone of General Urban Zone Limited (T4-L). FLUM & REZONING TABLE SUMMARY Property Existing Proposed Existing Proposed Parcel Sq. Address FLUM FLUM Zoning Zoning Footage 399 NE 82nd Medium Medium Suburban Zone General Urban 114,563 sq. Terrace Density Multi- Density Open (T3-0) Zone Limited ft. (2.63 Family Restricted (T4-L) acres) +/- Residential Commercial "ALTAIACSM Land Title Survey" GRAPHIC SCALE — — — — — — — — — — — — — _ 1— JE ..... ....... 1E — — — — — — — L — — — — — — — — — — — — — — — — — — — — - I— — — — — — — — --- — — —EAMA VENUE IJR o' W.) 2 .... ...... ACA NT �y n "Crrn"�o 'ng Dell660n: 0 Sub.\r}'O,*,, open (,t F. c -floo, 9 t�f 77 HAS BE. R—L— ED&S—ED BY —0 1 E — B . ] 1'2 E.%= Ao DIGITAL SIGNATURECERTIFIED BY 2 E-1 OF DO—ENT-ENOT CONSIDERED SIGNED AND SEALED AND ESICNA—E—TBE VERIFIED ONANY ELECTRONIC THE SEA — ON o— WASAUTHO—ED BY WALOO F. —, — ON DR—BER 10 —B. "ALTAIACSM Land Title Survey" NOTICE GRAPHIC SCALE boo ine of comment. ............ ... EIS — — — — — — — — — — — — - - — :r )o "T wa f L— — — — — — — — — — — — - — — — — — — — — - — — — — --- — — — — — — — — - — — — — — — — ��41h AVENUE .. . ........ Ill (R) 12 bYl) %CANTeye "RlqlllledZoning Design.tion:\�-I 9. General Ljrbm�ione Limited (T4-L), \�4 q P, h RO 111i.11f MULLYSIGNED& SEALED BYD PAEZ,O OEBEA�10, MOUSJNGA DIGITAL SIGNATURE CERTIFIED BY —TALLYSIGNE—TE—ES OF _I DOMMENTARENOT t g EAE.I1E.AN.IEALE. E AND THE--EMUSTBE ^ VERIFIED MAW EL- E MESEALAPPEARJNGONI sxm DOCUMENT—UMOWEDBY MLOO F. PAEZ, — ON .—BER M 2020. PZD-7 LIST OF ALL APPLICATION FOLIOS Property Address Folio Number 399 NE 82nd Terrace 01-3207-020-0310 1�J L11Y'f]F� NOTICE rn1.e. m—lheae�e m,. pabk h.,, ,g In arcortlana wM1h tlmelln1ld forth in the City & Mlaml CWe. The appU-d' decision-mahing bwywill rewewthe lnbrmation at the public hearing t. —dtl ,. ,ecommenda ., o, a final eecivon. PZ-20-6058 / \\ 09/19/22 /f `11Y flp� need.mt Ihedeiedm,.pabufheeling PZD-8 a wM1h tlmelln1ldfroth inthe City& L�1.OTICE Theapphwhle tleci.i making bfmy will at the pabec hearing t. rentle,a mmendation o, a final d-in., LEGAL DESCRIPTION OF PROPOSED PZ-20-6058 NEW ZONING DESIGNATION 09/19/22 BEGINNING at a point 162' East of the S.W. corner of Lot 19, Tuttle Subdivision as recorded in Plat Book "B" at Page 3, among the Public Records of Miami -Dade County, Florida, said point being the intersection of the Easterly right-of-way of N.E. 4t" Avenue, and the Northerly right-of- way of N.E. 82"d Terrace; thence along said Easterly right-of-way N.E. 4t" Avenue and Southerly right-of-way, Easterly terminus and its Northeasterly extension of N.E. 84t" Street the following courses: N00'19'09"E a distance of 692.45', S89'47'30"E a distance of 20' and N00'16'09"E a distance of 164.5' +/- to the Approximate M.H.W. line of the Little River; thence with the meanders of said M.H.W. line the following courses: Due East a distance of 56', S55'00'E a distance of 28', S27'00'E a distance of 85.5', S32'30'E a distance of 75' and S48'30'E a distance of 83' +/- to a point on the Westerly right-of-way of the F.E.C. Railroad; thence with said Westerly right-of-way S24'54'40"W a distance of 18' +/- to a point of curvature and with the arc of a curve to the left having for its elements a radius of 1960.08', a central angle of 19'11'56", a distance of 656.79' to a point on the aforementioned Northerly right-of-way of N.E. 82"d Terrace; thence N89'47'30"W with said Northerly right-of-way a distance of 63.96' to the POINT OF BEGINNING, containing 2.63 acres more or less. "ALTAIACSM ;. Eq Land Title Survey" GRAPHIC SCALE 4::_ ine of comment. 1Z EIS f. — — — — — — — — — — — — - - — )0 "T wa 2 ZL — — — — — — — — — — — — - — — — — — — — — — — — — — N Rh AVENUE E ........... 112.11 oo 2- 1 2`1 .1 MR) N 10. moo (R) V 12 'VACANT M! V quested Zoning Designation: Geneal Urbm�iooe Limited (T4-L)II M \�4 16 W A I— HAS ELECTACIRCALLY SIGNED & SEALED BY—.o F "AEE ON DECEA4oEA 10, MO USING A DIGITAL SIGNATURE CERTIFIED BY A CF—DO.M.TA.NOT CONSILIEREDSIGNEDANDSEALED AND.ESIGNA—EMUSTBE -- ANY ELECTRONR COPIES. TNESEALAI` EARINGONTHISE DO —ENT WAS AUTHORIZED D B Y a- -.0 F. PAEZ, -- ON D 10, —0. Oakland Grove Neibhboi 8279 NE 3" Ct. oaklandgrovemi Phon To whom it may concern, NOTICE Thls submidat needs in be schedu�d for a pabgn hearing ccord ante wkh t—llnes set forth in the City & ode mi— C. The appliud, decision- making bWy will re'ew the nl -aWn at the pabec hearing to render a recommendation or a final deciaon. PZ-20-6058 71►\ 09/19/22 The Oakland Grove Neighborhood Association is fully supportive of the Pelican Harbor Seabird Station relocating to Oakland Grove at 399 NE 82nd Terrace on the Little River. We enthusiastically support their mission of rescuing injured native wildlife and welcome them making a new home in our community. The education and conservation opportunities provided to our children, families, and community would be very beneficial. We also support and encourage whatever rezoning is needed for this parcel of land to serve as the new home for the Greater Miami Area's only native wildlife hospital. Thank you for your consideration and please feel free to contact us if you require anything further or would like to discuss the future of our community. Sincerely, NoaltK. Youngstrom, Association President Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-3207-020-0310 1�J L11Y'f]F� NOTICE rn1.e, m t Iheae�e m,. pabk h.,,,g In arcortlana wM1h tlmelln1ld forth in the City & Mi"ITheapphwd' decision -ma i,g bwywill rewewihe inbrmation at the pabc hearing t. re dtl , a ,ecommenda ., o, a final d-in., PZ-20-6058 / \\ 09/19/22 /f (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration'), made this day of , 2021, by PELICAN HARBOR SEABIRD STATION, INC., a Florida not -for - profit corporation having offices at 1279 NE 791h Street Causeway, Miami, Florida 33138 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "C�ty'). WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 399 NE 82nd Terrace (Folio No. 01-3207-020-0310), legally described and depicted in Exhibit "A" attached hereto and a part hereof (the "Proper "); and WHEREAS, Owner submitted an application for a Future Land Use Map ("FLUM") amendment and rezoning of a portion of the Property from its current FLUM and zoning designations of Medium Density, Multi -Family Residential and Sub -Urban Transect Zone Open M-O) to Medium -Density Restricted Commercial and General Urban Zone Limited (T4-L) (the "Applications'); and WHEREAS, Owner as an inducement to the City's approval of the Applications voluntary proffers this Declaration and the limitations on the future development of the Property outlined herein; and NOW, THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, and assigns as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Use Restriction(s): City and Owner both acknowledge and agree that the Owner's intended use of the Property is properly characterized as a "Civic" and "Community Facility" given its community - oriented objectives performed by the Owner, which is a not -for -profit organization, for the benefit of the general public and the non-commercial nature of the facility. A copy of the City's confirmation of the 1�J L11Y'f]F� NOTICE nature of the proposed Use is enclosed as Exhibit "B" which exhibit is attached hereto Th"'°°m °`"�"he°°�°b °°°`ty& � a�o.esn ewppt mtli d.w onh i,g b i Miaml CappliwGh dpb on-m 1,g t. o dy , l hereof. �e.membmatio th.,afl, d-i9, re�emme�a�ae�o��n�ai eeuae�. PZ-20-6058 A. Community Facility Use. Notwithstanding the provisions of Article *k 09/19/22 Miami 21, as the same may be amended from time -to -time, Owner hereby agrees to limit its • Property during the term of this Declaration as follows: i. Limitation on Uses/Activities. Owner shall solicit a Warrant from the City for the operation of a Community Facility on the Property. Said Community Facility shall serve as the corporate headquarters for the Owner and consist of or house the following: (i) office space for the Owner's staff; (ii) a wildlife hospital for the provision of medical and surgical care for sick, injured or orphaned native animals; (iii) indoor boarding facilities for sick, injured or orphaned native birds and wildlife; (iv) outdoor, screened pens for the boarding of recovering or permanently disabled native birds and wildlife; and (v) indoor and outdoor general purpose spaces for the hosting of small gatherings or educational programming consistent with the charitable mission of the Owner. ii. Limitation on Services Rendered. Owner further covenants and agrees to provide medical or surgical care for injured or sick native birds and wildlife exclusively for charitable purposes and the preservation animals which are native to the local community. Owner shall neither accept nor render services to domesticated pets, domesticated farm animals or exotic birds for treatment or care at the facility on its Property. iii. Limitation on Fee for Services. Owner further covenants and agrees that it shall neither solicit nor accept any fee for service or such other financial consideration from members of the general public (i.e. a consumers) in exchange for its provision of medical, surgical or boarding services to native birds and wildlife on the Property. Nothing herein, however, shall be construed to preclude the Owner from soliciting charitable contributions or grants from individual donors, foundations, governmental agencies, or the like for the provision of medical or surgical care, including boarding, for sick or injured, native birds and wildlife in furtherance of its charitable mission. B. Maximum Capacity. Owner and City acknowledge that the demand for Owner's services fluctuates from year-to-year. Notwithstanding the foregoing, Owner hereby covenants and agrees to limit its capacity for the provision of boarding services to those areas identified within the proposed building and within open air, screened pens which shall be limited to not more than ten percent (10%) of the Property's Lot Area. C. Public Access. Members of the general public shall be permitted access to the portions of the Property located north of N.E. 8411, Street via a path accessible from the Property's Frontage at the intersection of N.E. 411, Avenue & 841h Street. To the extent Owner procures access rights to all or a portion of the waterfront immediately abutting the Property to the North, Owner shall extend access to members of the general public under the same terms and conditions. Members of the general public shall be authorized to access the Property during the Declarant's normal operating hours (presently Monday through Sunday from 9 A.M. to 5 P.M.) or on such other dates or during such other hours as the Owner may establish in its sole discretion. D. Conditions. The above -listed limitations on the future use of the Property shall be reflected as conditions to the Warrant solicited by the Owner for the desired Community Facility Use. 1�J L11Y'f]F� NOTICE This submittal needs m be [ 11l etl mr a public hearing in e�ortlen� wim umennes set tonn m me ciri m Mlami CWe. The appliwde tlsision-maXing body will %period 3. Effective Date. The provisions of this Declaration shall become effective upondatonorafineltlecivcn in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the-20-6058 limitation upon, all present and future owners of the Property and for the public welfare.9/19/22s4. Term of Declaration. This Declaration shall remain in full force and effect for a 0 of thiWe (30) years from the date this instrument is recorded in the Public Records, after which time they shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof and in accordance with the terms of Section 5. 5. Inspection & Enforcement. Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 7. Amendment, Modification, Release. This instrument may be amended, modified or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. In the event the majority of the properties abutting the Property are redesignated to a designation of General Urban Transect Zone Limited (T4-L) or greater during the term of this Declaration, this Declaration shall be of no further force and effect and shall no longer bind the Owner, or their heirs or MSiLiL X IAS 8. Severabilit . Invalidation of any one of these covenants by judgment of a Court shall not affect any other provisions of the Declaration, which shall remain in full force and effect. 9. Reco�rdinn . This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Counterparts/Electronic Signature. Si�ature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other e-mail transmissions), which signature shall be binding upon the party whose name is contained therein. Any party providing an 1�J L11Y'f]F� NOTICE electronic signature agrees to promptly execute and deliver to the other parties an Thi -oral—dsm-lin.° fMhipab "n° a�I w,n smalmes sec t°"n in b hm M— G ]e. The appt-11x bsi—n-maXin, b°ay will Declaration upon request. "`wme'°b�ati°n al lh° p°b `hea"n,t°9l° re"°°` nx°mmentlati°n° afinal De �PZ-20-605811. VestedVested Rim. Nothing in this Declaration shall be construed to create any whatsoever to the Declarant, its successors, or assigns. • [SIGNATURE PAGES TO FOLLOW] Signed, witnessed, executed, and acknowledged this _ day of PELICAN HARBOR SEABIRD STATION, Florida Not -for -Profit Corporation Witness: Print Name: Title: Print Name: Print Name: STATE OF FLORIDA } } SS COUNTY OF MIAMI-DADE } 1�J L11Y'f]F� NOTICE rni.e, m t Ih.&. dm,. p.bk h.,,,g h .�o�a.�� wim um.h11ld fl& I tn. Citym Mi"I CWe. The apphwd' decision -making bwywill rewewiheinbrmation at the p.bdc hearing t. render. recommendation or a final d-in.n. PZ-20-6058 / \\ 09/19/22 /f The foregoing instrument was acknowledged before me this day of 2020, by , as of PELICAN HARBOR SEABIRD STATION, INC., a Florida not -for - profit corporation. Personally known or Produced Identification Type of Identification Produced Print or Stamp Name: Notary Public, State of My Commission Expires: 1�J L11Y'f]F� NOTICE rni.e, m t Ih.&. dm,. p.bk h.,,,g h .�o�a.�� wim um.h11ld fl& I tn. Citym Mi"I CWe. The apphwdle decision -making bwywill rewewiheinbrmation at the p.bdc hearing t. render. recommendation or a final d-in.n. PZ-20-6058 / \\ 09/19/22 /f APPROVED AS TO CONTENTS: Cesar Garcia -Pons, AICP, LEED AP Planning Director Daniel Goldberg, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 1�J L11Y'f]F� NOTICE rn1.e. m t Ih.&. dm,. pabk h.,,,g in .�o,aa�� whn t1,[ 11ld fonh I the Citym Mi"I CWe. Theapphwd' bsi.io a i,g bwywill renew theinbrmation at the pabk hearing t. render. MORTGAGEE JOINDER �` ` 111d' ll11a""dlaeL90 PZ-20-6058 A\ 09/19/22 fiC GROVE BANK & TRUST, whose mailing address is 2701 S. Bayshore Drive, Miaml (hereinafter, "Lender'), which is the owner and holder of the following described mortgage (the "Lender Documents'): That certain Mortgage, executed by PELICAN HARBOR SEABIRD STATION, INC., a Florida not -for -profit corporation, in favor of Lender, recorded on July 29, 2020, in the Official Records Book 32027, at Page 264, in the Public Records of Miami -Dade County, Florida, Hereby agrees to subordinate the lien on the Lender Documents to the terms of the Declaration. WITNESSES: Name: Printed Name: Name: Printed Name: By: Name: LENDER: GROVE BANK & TRUST, a Florida For - Profit Corporation The foregoing instrument was acknowledged before me this day , 20, by as , of Grove Bank & Trust, a Florida for -profit corporation, who is personally known to me, or has produced a _ as identification. Printed Name: Notary Public My Commission Expires: EXHIBIT "A" LEGAL DESCRIPTION 1�J L11Y'f]F� NOTICE rn1.e, m te.Iheae�e m,. pabk h.,, ,g In arcortlana wM1h t1,[ 11ld forth in the City & Mi"ITheapphwd' decision -ma i,g bwywill rewewihe inbrmation at the pabc hearing t. re dtl , a e fin mends ., o, a al ecin., � PZ-20-6058 / \\ 09/19/22 /f A portion of Lot 19 of "TUTTLES SUBDIVISION", according to the plat thereof as recorded' in Plat Book B, at Page 3, of the Public Records of Miami -Dade County, Florida, lying South of South line of the Little River and West of the Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, being more particularly described as follows: Commence at the Southwest corner of said Lot 19; thence run East, along the South Line of said Lot 19, for a distance of 162.00 feet to the Point of Beginning of parcel of land hereinafter to be described; thence continue East, along said South line of Lot 19, for a distance of 60.00 feet to the point of intersection with the Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, said point being a point of curve bearing S. 84' 06' 06" E. to the center of said curve, having for its elements a Radius of 1960.08 feet and a central angle of 19' 13' 34"; Thence run Northeasterly along the arc of said circular curve, concave to the Southeast, (also being said Westerly right-of-way line), for an arc distance of 657.73 feet to a point of tangency of said circular curve (said point bears N. 64' 52' 32" W. from the center of said curve); Thence run N. 25' 07' 28" E. for a distance of 14 feet, more or less, to the Southerly water's edge of the Little River; Thence meandering Northwesterly and Westerly, along said Southerly water's edge, for a distance of 338 feet more or less to a point of intersection with the Easterly line of Lot 13 of "FLORA DEL RIO", according to the plat thereof as record in Plat Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida; Thence run S. 00' 08' 06" W., along said Easterly line of Lot 13 and its Southerly extension, for a distance of 172 feet more or less to the Southeast corner of the Right -of -Way of N.E. 8411, Street, as shown on the recorded plat of "FLORA DEL RIO", according to the plat thereof as recorded in Plat Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida; Thence run West, along the Southerly line of said right-of-way of N.E. 84th Street, for a distance of 20.00 feet to a point of intersection with the Easterly Right -of -Way line of N.E. 4th Avenue, as shown on said recorded plat of "FLORA DEL RIO"; Thence run S. 00' 08' 06" W. along said Easterly Right -of -Way line of N.E. 4th Avenue, for a distance of 692.50 feet to the Point of Beginning. Said described parcel of land lying and being situated in Miami -Dade County, Florida. Parcel Identification Number: 01-3207-020-0310 LESS A parcel of land in Lot 19, of the subdivision of the Northwest one -quarter (NW 1/4) of Section 7, Township 53 South, Range 42 East, according to the plat thereof as recorded in Plat Book B, Page 3, Miami -Dade County, Florida, Public Records, (commonly known s Tuttle Subdivision); said parcel of land being more specifically described as follows: Commencing at the Northeast (NE) corner of Lot 13, Flora -del -Rio, a subdivision in the Northwest one -quarter (NW 1/4) of Section 7, Township 53 South, Range 42 East, according to the Plat thereof as recorded in Plat Book 42, Page 38, Miami -Dade County, Florida, 1�J L11Y'f]F� NOTICE public records; said point being the point of beginning, bear South 2°20'23" East, �` rniss°bm�alnee°`m1 h,City "n9 in a°,ean�wXn un,enn�se<t°nnmme ci m Mi"I CWe. The appliwde tlsisi°n-maXing b°tly will east line of said Lot 13, a distance of 178 feet, more or less; thence, North 87°31'31 meo m tlo °�fi�al°ee iso ° °°°ef 0 distance of 20 feet; thence, North 2°20'23" West, a distance of 141.56 feet; thence, PZ-20-6058 / 89°43'32"East, a distance of 45.98 feet; thence, South 25°39'25" East, a distance of 1 09/19/22 feet; thence, South 67042'29" East, a distance of 83.3 feet, more or less, to a point • intersection with the northwesterly right-of-way line of the Florida East Coast Railway Company; thence, Northeasterly along the said Railway right-of-way line to a point of intersection with the south bank of the Little River Canal; thence, Northwesterly along that said south canal bank to the point of beginning. TITLE COMMITMENT PER OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER: 20007284, COMMITMENT REVISED DATE: JANUARY23, 2020 C. 7AS A.M. SCHEDULE PA ]FIT EXCEPTIONS ITEM NO. 1 DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY CREATED, FI RSTAPP EAR ING IN THE PUBLIC RECORDS OR ATTACH ING S UBSEQUENTTO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSE D I NSU RED AGO, I RES FOR VALUE OF RECORD THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. (NOTA SURVEYOR MATTER) ITEM NO. 2 RIGHTS OR CLAIMS OF PARTIES IN POSSESSIO N.(NOT A SURVEYOR MATTER) ITEM NO. 3 CONSTRUCTION, MECHANICS, CONTRACTORS' OR MATE RIALM EN'S LIEN CLAIMS, IFANY, WHERE NO NOTICE THEIR FOE APPEARS O F RECORD. (NOTA SURVEYOR MATTER) ITEM NO. 4 GENERAL OR SPECIAL TAXES AND ASSESSM E ITS REQU A ED TO BE PAID IN THE YEAR 2020 AND SU BSEQU ENT YEARS. (NOT A SURVEYOR MATTER) ITEM NO. 5 AN V LIEN PROVIDED BY CCU NTV ORDINANCE OR BY CH. 159, F S., IN FAVOR OF ANY CITY, TOWN, VILLAGE OR PORT AUTHOR ITY, FOR UNPAID SERVICE CHARGES FOR SERVICES BY ANY WATER SYSTEMS, SEWER SYSTEMS OR GAS SYSTEMS SERVING THE LAND DESCRIBED HEREIN; ANDANV LIEN FOR WASTE FEES IN FAVOR OFANV COUNTY OR MUN ICIPALITV. (NOTA SURVEYOR MATTER) ITEM NO. 6 NTENTIONALLV DELETED ITEM NO. NTENTIONALLY DELETED. ITEM NO. 8 DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 25862, PAGE 3302, OF THE PUBLIC REGO RDS OF MIAM I-DADE CCU STY, F LORI DA WH I CH CONTAINS PROVISIONS CREATING EASEMENTS, NOT PLOTTABLE) ITEM NO. 9 IREFEREED NALLY DELETED ITEM NO. 10 RIPARIANAND LITTORAL RIGHTSARE NOT INSURED. AS SHOWN ITEM NO. 11 AN V PORTION OF THE LAND LYING WATERWARD OF THE MEAN HIGH WATER LINE OF LITTLE RIVER, AND LANDS ACCRETED THERETO.(AS SHOWN) ITEM NO. 12 RIGHTS OF LESSEES UNDER UNRECORDED LEASES(NOTA SURVEYOR MATTER) CONTACT PHONE NUMBERS: LAND DEVELOPMENT N:�3o5)AIIR2 5 OTYOFMIAMIPLANNING&2O wG1245)me-IA FOLIO NUMBER: STATEMENT OF ENCROACHMENTS: THERE ARE NO ABOVE GROUND ENCHRDACHMENTS NO EARTH MOVING WORK,BUILDING CONSTRUCTION OR BUILDING ADDITIONS HAVE BEEN NOTICED. THERE IS NO PHYSICAL EVIDENCE THAT THE SITE WAS EVER USED AS SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL. LAND AREA: aF, SOFT. I— ACRES) ght.f y- 20A2M SO.Fr.P(I ACEEs) UTILITY COMPANIES: Hor da Power& Lght-305-3JJ3108 Water&Sewer NIFTA RINCON 305 372 6639 ZONED: T30 RESIDENTIAL SINGLEFAMILYAND TWO FAMIL YRESIDENCE (DUPLEX) SITE RESTRICTIONS MEN ODE C "ALTA/ACSM Land Titll/^e\ Survey" I LOCATI ON MAP N R2 � 9 P.' T 5 _ I e e A LEGAL DESCRIPTION \ T TO B SIT aF WAY, BE NG NIaRE PnRT CIURLV DEscR BEAU Fauaws' asE NIEUIRED NaR nnMa arvOTHEsauTH Lry aE.v. oinT s9 EaBAosrArvcE aEBirz. O EFETTa THE Pa rvT aE A DISTAN11 111111 FFETTrA n7 aFINTERSECnaNw1THTHES, WISTIll 11 S11.1— FEE oN's`Ill °NaEo�o;RAILROAD R EaosaoEUEYE DISIFLs6BBBFESTANDACGNTR LA .p agEN6�B 1NGTHINEi 1.1ANAllN ANE.1111111EETT.A1RNL.11NGENIY .. ALB I1EsA�oPoENTB �G""' z wl����TEBrvBBT�67.210 w IERIMTHE'ErvTSBBE GA D BST,TH ENCE BIN Nzs'oT'ze" E I MEASURED MILT'2238'a EAST wB ADISTANCE 11 H, FEET, MIRE AS �w SI IMEAREDS "`2'I19'a2E'PELa Asc"ANGSAI D ESIEBLY LAI BE I, Lfl173 AEDIASTH NCE INIEUIREDsoNWH I'L9a2_WGII, ALINGSAID EASTE1DERIGHT-OFWAYIBEo1 HITA[NIE, III A IT 11 BEGINNING, SAID REEIR BED HARIET 11 IND 11 NG AND BE NG D ASH FIR RA MANAGE..IENT=I,ElsEw ,IARAwINONaDGaNOY. INSIBVEYISIUTHHnBIDA—ER - TEBINW s/al IFISIS, IN T, LINK oI I.SIID INLY (KNOWN AST—FE SURD vISIaNINSA o PABCE BaFLAND "'MENIF AT TH E I_Y E ON ITT GLEEAS IIBEI IIRBE R IWI�T 11, HnRID EIR11, A IFRNIIur IN I N TH E NIRI WEST NET- TER INw'IF, IFISIT IN T, INGNSHIP IS SOUTH, RANGE H2 EAST, ACCOBDI NO TO TH E PUT TH ERE.F UT BE EASTE1n7EAEUREDsa DTHz1112'EAST .A US TH 1.1ENEAST U BE OF NCE, BIRTH 87331 EAST LALCULAlER-NIBTH BT 32 sz FAST, A DISANCE DE 20 FEET, THENCE, NORTHz2023 WEST) UituUTER-NORTH 2'1e'a2" WEETTADIGUNCEDFsa1.16FEET, THENCE, NORTH 8e 32 USTICAItUUTEY-NDRTHee'aa's2" EASTI.A N—NCE IF.18 FEET, THENCE, SOUTH 2E3I2E E (CALODUTEo-somH 2E-38RI EAST ADISANCE DE VLTI FEET, NIRTHWESTRLYR THENYENI EANaFE ERLTLE RRUUNALU, RAILWAYY REGHTIF—LINE TO A III IF INTEREEIIIN WITH THETHENIE, NORTHWESTERLY AC NEE TH E SAID IN IT CANAL BANK TO THE 1.1 NUT IF SEE NNING LEGEND 0 SANITARYSEWERMANHOLE FIRE HYDRANT MONITORING WELL ® WATER METER • WOOD POWER POLE ® CONCRETE POLE P.G PAGE 9.0.9 BASIS OF BEARING f CENTERUNE Ile MONUMENTUNE (R) RECORD (M) MEASURED (C) CALCULATED (SFWMD) SOUTH FLORIDA WATER MANAGEMENT DISTRICT ID. IDENTIFICATION No. NUMBER P.B. PLATBOOK CERTIFICATION aM - ,18,1Ba.S.0 .lp'.f-e[.o.Sueei YlOS ordwasd-Items 1, AND Al AGE jA ACCoRDANCE IS TH ANDFER SURVEYOR'S NOTES THISITEMHASBEEN EL ECTRONICALLYSIGNED & SEALED BY MURO F PAEE, L53284 ONJ AUGUST26, 2021 USING ADIGITAL SIGNATURECERTIHEDBY DEMR.1 DIGITALLY SIGNED PRIMED COPIES OFTHISDOCUMENTARENOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFI ED ON ANY ELECTRONIC COPIES. THE SEAL APPEARING ON THIS DOCUMENTWASAUTHORIZEDBY ON AUGUST26,2021. 3P+�'o% STATE 11 lrF�e9F { 19 IIEl ITION 21 TH N oN THISSUR1IY THAT MAY 31 LOCATION AND IOENTIFECATION OF IITROT OF RHANv ARE SHOW N IN AccoREAN CE WITH ER owNERSHEI I111111a To OPINION OI TITHE SI TYPE OFsuRVEY: BouNOARY"D"Y 11GAIIHSFRIHET ON TUNIIEGGISYCLIENT Ij TH E ANO THE ORIGINAL RAISED SEAL OF BI TH BI IN c01TH IIPWE E151REI TO AN PlEoLT 1211N O/oRHOT KEEP c31No E EN MADE TO EocnTE ANY FourvoATloN eENUTH THE suRFACE OE TH IN tglBE,e g E'S222c one Monument Emeof -1—TERRAC THIS DOCUMENT CONSIST OF THREE (3) SHEETS AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO THE OTHER S FORl "ALTAIACSM Land Title Survey" GRAPHIC SCALE ... ......... z ra Pmi000pe — — — — — — — — — — — — - L — — — L — — — — — — -- — — — — — — — — — -------— — — — — — — — — — - — — — — — — — -------- N.E 4rh A, 4WAVMUF--� S 01- �V(R) IMOO ±(R? 1,R) /41 VA�CANT`- .0- 411k4k, OfJOO' C-) Rigb FT� N Lo "ALTAIACSM Land Title Survey" Tree Table Information Provided by: Pelican Harbor Seabird Station Alison Walker (ISA FL-9317A) August 9, 2020 H COlManamIECE 2 I INVI MO. 3 EXHIBIT "B" ZONING USE INTERPRETATION 1�J L11Y'f]F� NOTICE rn1.e. m—lheae�e m,. pabk h.,, ,g In arcortlana wM1h tlmelln1ld forth in the City & Mlaml CWe. The appU-d' decision-mahing bwywill rewewthe lnbrmation at the public hearing t. —dtl ,. e fin mends ., o, a al ecivon. � PZ-20-6058 / \\ 09/19/22 /f From: Goldberg, Daniel To: Javier Fernandez Cc: Garcia -Pons, Cesar; Sorice, Elia; Shedd, Ryan; Ellis, Jacqueline; Montes, Eduardo Subject: RE: Animal Clinic Use Date: Wednesday, July 28, 2021 9:51:16 AM Attachments: imaae002.Dna 1�J L11Y'f]F� NOTICE rni..obmm neea. m heaeve m,. p�bk h.,,,g h.�o�aan�wkb b,,[ a ef,ft i,me Citym Mlami CWe. The appk.de beci.i making bWy will rewewihe inbrmation at the pubc hearing t. re dtl , recommendz .,., a final eecieon. PZ-20-6058 09/19/22 SECURITY NOTE: *This email has originated from OUTSIDE of SMGQ Law. Please exercise caution with attachments and links * Javier, Apologies for replying to a two month old e-mail but for the benefit of Planning staff as they process your rezoning, I am in agreement with your analysis below. Since this is non-commercial, with no fee being charged for care of these animals it is more akin to a Community Facility and because these aren't pets or domesticated animals this more squarely fits as a Community Facility. Even if, orguendo, this were an Animal Clinic (a General Commercial Use), that is allowed by Right in the T4-L transect. A Community Facility is by Warrant, allowing for a review by Planning of the proposed use, assuming the change in zoning occurs. Daniel S. Goldberg, Esq. ., Zoning Administrator Office of Zoning 444 SW 2nd Avenue, 2ndFloor Miami, FL 33130 Phone: (30 )416-1442 From: Javier Fernandez <jfernandez@smgglaw.com> Sent: Monday, May 17, 2021 10:33 AM To: Goldberg, Daniel <DaGoldberg@miamigov.com> Cc: Garcia -Pons, Cesar <CGarciaPons@miamigov.com> Subject: RE: Animal Clinic Use CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dan: Good morning. I greatly appreciate your taking the time to speak with me this morning about PHHS proposed use. I trust our conversation resolved your questions/concerns. Should you have any further questions, please do not hesitate to contact me at your earliest convenience. In the interim, I will follow-up with Cesar about pending modifications to our draft covenant that we must resubmit. All the best, Javier JAVIER E. FERNANDEZ, ESQ. SMATTORNkYS SMISQL AW.Com G Q,._ SANCHEZ-MEDINA, GONZALEZ. QUE ADA. ' 201 Alhambra Circle I Suite 1205 1 Coral Gables, Florida 33134-5107 Office:305.377.1000 Ext. 116 1 Cell: 305.761.2274 ;fernandez@smgglaw.com I SMGOLAW.com From: Javier Fernandez Sent: Friday, May 14, 2021 6:46 PM To: Daniel Goldberg (dgoldberg(@miamigov.com) <dgoldberg(@miamigov.com>; cgarciapons(@miamigov.com Subject: Animal Clinic Use Dan & Cesar: 1�J L11Y'f]F� NOTICE rni...bminal r,..e, m t Ih.&. d m,. p.bk heahr,g In arcortlana wM1h hme1—set forth i, the City & M,,,, CWe. Theapphwde decision -ma i,g bWy will rewewiheinbrmation at the p.bdc hearing t. render. recommendation or a final d-in.n. PZ-20-6058 / \\ 09/19/22 /f Good evening. As a follow-up to your discussion regarding Pelican Harbor's proposed use, I would like to share the following observations: 1. PHSS is a not -for -profit organization. We believe the use is Civic Use, specifically a Community Facility, as the use will be operated by not -for -profit organization for a community -oriented purpose or objective, specifically environmental education and the preservation of natural wildlife, which we believe can be fairly characterized as for the primary benefit/service to the general public. 2. While a primary element of PHSS' services is medical/surgical care for injured or sick animals, none of those services are offered in exchange for a fee or is PHSS soliciting business from members of the general public as a for -profit animal clinic would. We provide services to injured, native animals exclusively (not domesticated pets or animals). No fees are assessed/charged for the service rendered. 3. An Animal Clinic use is defined in s. 1.2 of the Code as follows: Animal Clinic: A facility which provides medical and surgical care for sick animals, including overnight boarding and may include overnight boarding for seven (7) or less seven or less healthyanimals, all within a completely enclosed building. See Section 1.1 (Commercial, General Commercial). Even assuming for the sake of argument that our use should be characterized as C NOTICE nature the concern around the limitation on the number of animals only applies to the bo TM;�'a�o"°'need "h.&° d r'p bkh.,, bona wM1h tlmelln1 let forth in the City & Mlarnl Cw,.Th, appliwd, decision-rna i,g bwywill reNewlfle pbrrn , at the pabdc hearing t. renders healthy animals. To clarify, we do not charge a fee to keep a healthy or sick animal overni recnm enbaticnora nzldecivcn also offer boarding services to the general public. That said, the definition of an Animal Ch PZ-20-6058 contains no limitation on the number of sick animals that may be boarded overnight. The limi + 09/19/22 the boarding of up to seven (7) animals at such a Use applies only to healthy animals. I believe a f reading of the use requires such a distinction as when the definition of an Animal Kennel is read in pari materia with its clinic counterpart a failure to account for such a distinction would render the inclusion of the word "healthy' in the Animal Clinic Use definition a surplusage. Let me know when we can schedule a time to discuss this on Monday. I look forward to putting this issue to rest with your help. Sincerely, Javier JAVIER E. FERNANDEZ, ESQ. SM Ari'OANVYS SMGQLAW.cola G Q, SANCHEZ-MEDINA. GONZALEZ. QUESADA. L.AGF. GOME =. MACHADO LL-P 201 Alhambra Circle I Suite 1205 1 Coral Gables, Florida 33134-5107 Office:305.377.1000 Ext. 116 1 Cell: 305.761.2274 ifernandez@sm�law.com I SMGOLAW.com CONTACT PHONE NUMBERS: N: (aos7 al DI P,ANN1Nc A -.N. laps; DR Ions oFOLIO oNUMBER: 57ATEMENT OE ENCR0.4CIIMENTS: NO EARTH MOVING WORK, BUILDING FUND RUCTION OR BUILDING ADDITIOIN5 HAVE BEEN NOTICED. THERE IS NO PHYSICAL EVIDENCE THAT THE SITE WAS EV ES USED 15.4 SOLID-111 UUMP, SUMP OR SANITARY LANDFILL. LAND AREA: t05aai t q IT (x 51r ACRES) UTILITY COMPANIES: H da Power& Lght-305 377 6108 Water&Sewc- NIFTARINCON3053726639 ZONED: T3-0 - RESIDENTIAL SINGLE FAMILYAND TWO FAMILYRESIDENCE (DUPLEX) SITE RESTRICTIONS: coon OTr OEnn,AIH,, HOB oa EASE 1-1 TREUND BAREGI ,RENT LEGEND SANITARYSEWERMANHOLE FIRE HYDRANT MONITORING WELL ® WATER METER • WOOD POWER POLE ® CONCRETEPOLE PUG PAGE B.O.B BASIS OF BEARING [ CENTERLINE Ir MONUMENTUNE (R) RECORD (M) MEASURED ID. IDENTIFICATION No. NUMBER P.B.PLAITBOOR THIS DOCUMENT CONSIST OF TWO (2) SHEETS AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO THE OTHER "ALTA/ACSM Land Title Survey" LEGAL DESCRIPTION c oST;luS - 11 AID ErvElc E, AN I BIT"_ oI EST. n_ O'T To n At vE 11P C POINT 6EY15 rv. E - — - RVELNTHENCE ac CERTIFICATION to a�a zo o�d-- fT.bl,Alh of I,, filld TITLE COMMITMENT PER OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT N UMBER: 20001284, COMMITMENTREVISED DATE: JANUARY 23, 2020 @ 7.45 A.M. SCHEDULEB PART If EXCEPTIONS ITEM NO. 1 DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, I F ANY CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF COMMITMENT (NOT A SURVEYOR MATTER) ITEM NO. 2 RIGHTS OR CLAIMS OF PARTIES IN POSSESSION.(NOTA SURVEYOR MATTER) ITEM NO.3 CONSTRUCTION, MECHANIC'S, CONTRACTORS' OR MATERIALMEN'S LIEN CLAIMS, IF ANY, WHERE NO NOTICE THEREOF APPEARS OF RECORD. (NOT A SURVEYOR MATTER) ITEM NO. 4 GENERAL OR SPECIAL TAXES AND ASSESSMENTS REQUIRED TO BE PAID IN THE YEAR 2020 AND SUBSEQUENT YEARS. (NOT A SURVEYOR MATTER( ITEM NO. 5 ANY LIEN PROVIDED BY COUNTY ORDINANCE OR BY CH. 159, F.S., IN FAVOR OF ANY CITY, TOWN, VILLAGE OR PORT AUTHORITY, FOR UNPAID SERVICE CHARGES FOR SERVICES BY A NY WATER SYSTEMS, SEWER SYSTEMS OR GAS SYSTEMS SERVING THE L-ND DESCRIBED HEREIN; AND ANY LIEN FOR WASTE FEES IN FAVOR OF ANY COUNTY OR MUNICIPALITY. (NOT A SURVEYOR MATTER) ITEM NO. 6 INTENTIONALLY DELETED ITEM NO. 1 NTENTIOINALLY DELETED. ITEM NO.8 DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 25862, CONTAINS PROVISIONS CREATING EASEMENTS. (NOT PLOTTABLE DYMN0.9 INTENTIONALLY DELETED ITEM NO. 10 RIPARIAN AND LITTORAL RIGHTS ARE NOT INSURED. (AS SHOWN) ITEM NO. 11 ANY PORTION OF THE LAND LYING WATERWARD OF THE MEAN HIGH WATER L114E OF LITTLE RIVER, AND LANDS ACCRETED THERETO (AS SHOWN) ITEM N0. 12 RIGHTS OF Lf THIS ITEM HAS BEEN O&SE BY WALDO F. PAEZ L53284 ON OF THIS DOCUMENTARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ONANY ELECTRONIC COPIES. MESEAL APPEARING ON THIS $ ' DOCUMM—S AUTHORIZED BY WALOO R PAEZ L53284ON APRIL 1,2020, LOCATI ON MA NOTICE This Submittal—dR be SIR,RAleai,r public hearing cordaRe with[S eU, e5 setforth Inthe ci of "11 Cetle.The tilliea h p,bbo0- BgIUBg Id Ynll rexewthrinfoR—d atthe pu b,c heanng L. rtntlera rec D,me„aaboDoraeDal aedaoD. PZ-20-6058 w 09/19/22 fib F'z 1 20-0020 "ALTAIACSM Land Title Survey" GRAPHIC SCALE OWN ine of comment. iL ............. L— — — — — — — — — — — — — - :r ZL L — — — — — — — — I — — — — -- — L — — — — — — — — — — — — — — — — - 7z— — — — — — — — — - — — — — — — — — — — — Rh AVENUE - — -- — -- — -- — -- — -- — -- — Ef.) L."oo, W.) I - moo MR) 2o (R) ,81-32 12 . . ......... ""V CANT A T M �M2 A DO, ELE—ON—L—GNED&SEALED B Y —DO F PAEZ, — ON 2— — A —TAL --E—EDBY I.EN- 01—Y—P—ED— O—DO—ENDT CONSIDERED AND1. LED 1-11��IIEMIITBE ON YELE_ON,C THESEALAPPEARING ON DOCUMENTWAS AUTHD—EDBY —DO F. PAEZ, 1,2— 2/20/2020 Gologle Made 399 NE 82nd Terrace Aerial Photo of Parcel NOTICE Th, submidatneedsfn be scheduVd for a pabec hewing —nrd— wkt hr,a11—s& font h tta city nr Miami code. The appliud, dsision-making bWy will re'ew the information at the pabec hearing to render a recommendation or a final deciaon. PZ-20-6058 71►\ 09/19/22 399 NE 82nd Terrace - Google Maps Imagery 92020 Maxar Technologies, Sanborn, U.S. Geological Survey, Map data @2020 200 ft t https:Nwww.google.com/maps/place/399+NE+82nd+Terrace,+Miami,+FL+33138/@25.8518758, 80.1890156,504m/data=13m1!1e3!4m5!3m4!1s0x88d9b180246678c3:0x9729cf81523117a1!8m2!3d25.8... 1/1 2/21/2020 398 NE 82nd St - Google Maps NOTICE Th, submidatneedsfn be scheduVd for a r0k hewing —nrd— wkt hr,a11—s& font h tta City nr Miami Code. The appliud, dsision-making bWy will re'ew the information at the pabk hearing to render a recommendation or a final d-iaon. PZ-20-6058 71►\ 09/19/22 tj be,rN C7Ongle Maps 398 NE 82nd St Context Photo - View of Parcel Located West of FEC Line frorn the Southeast Facing Northwest at 82 Street & Little River Image capture: Apr 2019 © 2020 Google Miami, Florida P:,Google Street View https:lAvw .google.com/maps/@25.8500056,-80.1884167,3a,32.1y,341.28h,98.21tldata=!3m7!1el13m511 sbm-nsVGwlugnDb9RWPLEmQ!2e016s%2F%2Fgeo3.ggpht.com%2Fcbk%3Fpanoid%3Dbm-n... 1/2 2/20/2020 Google Maps 8200 NE 3rd PI Miami, Florida 4 Google Street View NOTICE Th, submidatneedsfo be schedui db, a p0k hearing —o,d— wkt t-11—set font m tte city w Miami Code. The appliud, dsision-making bWy will "'m the information at the pubk hearing to render a recommendation o, a final d-iaon. PZ-20-6058 71►\ 09/19/22 8200 NE 3rd PI - Google Maps t 1�a2vf Context Photo of NE 3rd Place- View from South to North near 82r!d St. Image capture: May 2018 © 2020 Google https://www.google.com/maps/@25.8500455.-80.1897473.3a, 90y,6.02h.86.19t/data=13m611 e1 13m411 sxpCbKVi96MT-PXp29gfexA!2e0!7i 163B4!8i8192 1 /2 212012020 Google Maps 8098 NE 4th Ave Site Photo - View of Parcel at SW Corner Miami, Florida Fm Google Street View 11s/ Gy'Sx )A'�i NOTICE rn, sabr,iaatreedsm —hedai dm,a r0k h.,,,g —."— wkt t-11—set font h tte City w Miami Code. The appliud, dsision-making bWy will "'m the information at the pabk hearing to render a rt .--lotion or a final d-iaon. PZ-20-6058 71►\ 09/19/22 8098 NE 4th Ave - Google Maps �02Ti4 Image capture: May 2018 @ 2020 Google https:/twww.google.com/maps/@26.8505918,-80.1893404,3a,90y,82.1 7h,72.67t/data=I3m6I1 el I3m411 sgTLnbYaPuRm D3V 1 ncVl31w12e017i 1638418i8192 1 /2 11s/ Gy'Sx )A'�i NOTICE rn, sabr,inatreedsm —hedai dm,a r0k h.,,,g —."— wkt t-11—set font m tte city w Miami Code. The appliud, dsision-making bWy will "'m the information at the pabk hearing to render a -.--lotion or a final d-iaon. PZ-20-6058 71►\ 09/19/22 2/20/2020 8250 NE 4th Ave - Google Maps 8250 NE 4th Ave Context Photo - View of NE d Ave- West of Parcel Facing Nor rj, �o2-04 Image capture: May 2018 © 2020 Google Miami, Florida Google Street View https://www.goog!e.com/maps/@25.8508461,-80.1893555,3a,90y,346.9h,71.75tldata=!3m6!1 el!3m4! 1 sj4ET CFOfbnn-bbmrFCwIA!2e0!7i16384!8i8192 1/2 2/21/2020 8350 NE 4th Ave - Google Maps Google Asps 8350 NE 4th Ave Parcel Picture - Western Boundary an NE 4 Ave Facing East Miami, Florida Google Street View NOTICE Th, submidatneedsin be schedui dfora r0k hewing —nrd— wkh tin,a11—s& fnrth h tha City nr Miami Code. The appliubi, dsision-making bWy will re'ew he information at the pubk hearing to render a recommendation or a final d-iaon. PZ-20-6058 71►\ 09/19/22 /Ifa2T,q Image capture: May 2018 @ 2020 Google https:ltwww.google.com/maps/@25.8520761,-80.1894034,3a,90y,96.13h, 84.54tldata=!3m6!l e1 !3m4! 1 sCT7bm M4JxyrkUgvxKGEpUA!2e0!7i 16384!8i8192 1 /2 2/21/2020 8350 NE 4th Ave - Google Maps NOTICE rn, sabr,inatreedsm —hedai dm,a p0k h.,,,g —o"— wkt t-11—set font h tte City w Miami Code. The appliud, dsisior-making bWy will "'m the information at the pubk hearing to render a rt .--lotion or a final d-iaor. PZ-20-6058 71►\ 09/19/22 Gor,!gle Maps 8350 NE 4th Ave Context Photo - SF I -tomes Across Street Fmo Tl Western Boundary of Parcel Image capture: May 2018 © 2020 Google Miami, Florida Pry` Google Street View https://www.google.com/maps/C25.8520761,-80.1894034, 3a, 90y,254.17h,75.23t/data=!3m6! 1 e 1 !3m4!1 sCT7bmM4JxyrkUgvxKGEpUA!2e0!7i 16384!Bi8192 112 yin u,� NOTICE Thls submittal needs to be schedWed for a pubec hearing in cord ana with tmai nes set totlh in the city W ode mi", C. The appliud, dslsion- making hotly Wil re'ew the information at the pubk hearing to —de, a recommendation or a final deciaon. PZ-20-6058 71►\ 09/19/22 2/21/2020 398 NE 84th St - Google Maps t Go,-,,ql2 Maps 398 NE 84th St Noe TH Context .Photo - SF Homes West of Parcel on NF. 84 Street Image capture: May 2018 @2020 Google Miami, Florida PF Google Street View https://www-google.com/maps/@25.8524371,-80.189468,3a,90y,9.25h, 91.63ttdata=!3m6! 1 e1 !3m4! 1 s23NBK1 Y WUoCH pV-KG-raUg!2e0l7i 16384!8i8192 1 /2 2/21/2020 398 NE 84th St - Google Maps Google Maps 398 NE 84th St f onlext Photo - Terminus of NE 84 St Facing Nest Miami, Florida P, Google Street View yin u,� NOTICE Thls submittal needs to be schedWed for a pubec hearing in cord ana with tmai nes set totlh in the city W ode mi", C. The appliud, dslsion- making hotly Wil re'ew the information at the pubk hearing to —de, a recommendation or a final deciaon. PZ-20-6058 71►\ 09/19/22 b1da7'/4 Image capture: May 2018 © 2020 Google https://www.google.com/maps/@25.8524371,-80.189468,3a,90y,270.3h,81.65t/data=!3m611 et 13m411 s23N8K1 YWUoCHpV-KG-raUg!2e0!7i16384!8i8192 1 /2 2/21/2020 NOTICE Th,—bm`"A—d— be h.duVd for a r0k h.,,,g 1, —." — w� t-11— s& font th. City & Miami Code. The appliud, d--, mak,,g bWyW[l "m'the information at the pbk hearing to —de, . —.--dati., or a final d-i— PZ-20-6058 09/19/22 398 NE 84th St - Google Maps 46- Google MapS 398 NE 84th St Parcel Photo - View of Western Boundary from West -NW at Junction of 4 Ave & 84 St Miami, Florida V Google Street View A)va r# Image capture: May 20I 8 9) 2020 Google https://www.google.com/maps/@25.8524371,-80.189468,3a,90y,l 32.37h,89. 11 t/data=!3m6!1 el W411 s23N8K1 YWUoCHpV-KG-raUg!2eO!7il 538408192 1/2 SKETCH OF BOUNDARY SURVEY A PORTION OF LOT 19, TUTTLE'S SUBDIVISION, P.B. B, PAGE 3, D.C.R. 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Q) e TION ANI LANOSCAawCNII LIIACoolrEsxa"wre—Ean 0 Q I TV WlITS �TA�E E OTNI -OWN H"E LE FIIIAN AErelo T.T I A .� III. M�AUI�oAOE o�NTYaET E IIRA w I" I� EAST TONE IIALE TAamres ANO I VEreaENaE AaE NOT SxawN. N NAO e3/eo oa R/M. TLaaroA W 0 m Q Za OQ THIS vaocEcr ° °oNTreoL ao/nrs wEreE uralzEc As xorerzoNTAL ANO vErencaL coNTreoL Tore g e VCILf �a �Qgo A T TILE a o [�Q NO E1TEAey r i c-s e.zc4.ea4a '-nwA'. Anc nAVIN, TME TOLL 1 000aclnALTE N-uIa�E.ss R/c TI OF THE FLORIDA N �___EAST COAST ILA ILWAY INS (SSA)�Es .-I —NH ANE'ores -I NIT nE neAl— o g Z j Q EV OCCUPATIONI�x TO EICAaren R EE eLE) r0 < O O — 3 Anc/ore urI—IAEOINNI AAVEv MIT EEENNuac�EREs VEreITOT", EIECTE_ "AN, CONTACT _A D-11 ioAnon I Acouanor Torz 11 >ARTI ore """I ", ER"SI SEo cousENT of THE SIGN_ PART, OR EAl_ Co Z IVITHauT rvrzln[N nrelaA W, ANARE N,T a RareMA ° a� °;' slorv°szEzo:"onL o -III ME s 1 O z awl of CEONNIATE. Is "'U"T, ANc .1-T To ,HE -I oT IY sent � '' rau�Ere NI aose AID E.DoCR�7BNDY RVEYOR %SEA SHEET 01 of XXXXX lT (C—O CANAL) LLT 11 0l LOT tT hl LOT 13 Rl�p ISp t' Nt 84th STREET N'_ i r � LOT yy+"no znaxc su 3 . �J LOT H Lv.eTLOFA�OIL IICO,R.) LOT T 2 LOT 6 Z LOT 5 LOT 2 T NE 82nd TERR . ...... III— RrveR IAIAL n A (C—L CANAL) VACANT REMAINDER OF LOT 19 Tu TTL " su aF Tr w I/a 1 ss Ln T-11A111 a 11) SKETOH OF BOUNDARY SURVEY A PORTION 09 DOT 19, T0TTLE'S SUBDIVISION, P.R. R, PAGE 0, D.O.R. Or SOUTH FLORIDA WATER MANAGEMENT DISTRIOT LITTLER R CAN `Ow RIARI-DADE OOONTY, FLORIDA (LET CANAL) ei i e - uc w esol 1009 SUBMITTAL IN LOT II 1 LOT I� NE 841b STRE f w LOT l0 /o V LOT II LIT 6 (P.IF a, c e. A. l0T T LOT I, LOT I LOT 4 LOT 3 LOT 2 LOT I 82nd TERR rL GE IF \ .. �R m�9 No LOT 1 ��.�nK. ,�� O� �� ENUTEEre aEArc N LNE la LELITTLE REVER CANAL ETI m. (C-J CA AL) z� qi� n h oW.ad..exwdAppoamdwomdT.mrWLziiei..Tns... .........ez su.. VACANT REMAINDER OF LOT /9 TITTLES SUED I VISION OF SHEW U H S IP 53 AST (oar eoox e.CPc.4.l, ca) �_ g srvi'Mo_ -mown 1-1-uwRTllEunNnNE T NITRIDT 1 RL EEINNNE NNNN „ oe�e e � Q _ o.n✓T.re� POINT OF COMMENCEMENT AND POINT OF�B T, N E G aNEa i /s NT824'W RGINIST �J FOUND IRON P/PE & -EDGE OF WA _ IC il2iOai (/ t 6 CAP M 5 22 2 IV NS7'22'39"W 21001' (CFT) c) (c) Sj 12 IRON PIPE CAR V LIT 1111 - 11I. o eIIe e"aa uNLIss GHT-11 NOTEo, A IN _W..TESooMPNr -ERIh. ANo -1.1E EETw lcrT>- - . a...E ore "LE _ UlEVENT= Ire) LE- oESNreiPTi' -TANCE 11TEll. AD IN THE (1) --UENUTE= .-UTEU NE-1- ANU -TIN- (P) _ _'LDDL vuls s cauauor AcconE. e EANwc ANo NITANCE enIEl aN ITOLANO AP IR �N89'44'31"E RNP THE N.E O. 89'48 (CFT) ti \ LOT13 N89'43'32"E `fO\\ O 45.98' (R) T 4 /eAN N8 LITrzE alvETt BAL 04) LINE T,E LOT 13 � � LITTLE EWER CANAL -7 CANAL) RAIGROA (TYPIC ID 177 o I Z SEWENF PER FORAL \ \ EDGE OF WATER p"'-11D % P'ARGELs 2 4NG 2.4 r v ""2�I4) O ROD SIX���0.0 J`J \ m / \ FOUND ALLY ACCEP2TE0 AS 0.41 .;'. h' G ON THE P) _.2— lN8]3231"E � d2%� \ �\ `nOFTHwESTEaGY F/W LINE / '�'S'N' _0.00° z PIPE /'3P RNINI9. NOTE: (RJ DFENCE= To THE EVIL OE RIVER EST y BAN ATERL 0 iH A / \ (C-]) RE APPROXIMAE. \223 / 5'42'45"E SOUND 1/2" IRON PIPE ]."' (CFT) & CA O I-71—TERL I R/w DETAIL "A" SCALE t"=2O' STONER & ASSOCIATES, Inc. surev Le. 6633 Ps TEL (e14) Ell-l- Ell (e14) ses-asn 1141 sw 1 AVENUE, ELORioA 33�Ia 'v LITTLE RIVER CANAL (�TCaNaL7 THIS SURVEY 84IM1 S m j`IIWIITrII}. N RA, om 0 U NE 8211 TERR LEGAL IESCRIPnIN LOCATION MAP NF = m s✓RN"" NNreTMN� NNE o...Ere TV AT r oo :,rE..`FLoreoa'' oCaOreNreE oRosx`t�aH,.u'r;�;1`n°Na�„ AA m1,LE SUNUIruoN�"�Aw PAreGEL oF`IANN HEWN MoreE SPEGITINALL. N�UreIN� Are TNu_UwA: AT IIE sT (NE) 11 or Lor la WILT RE ER w c ,) o -El 11— F1111AreOU,;o 011'INs3 - 11 UNoiore APP11P 1111 coWINIEs core FIELo uEaxIGTICM I 1- AIR I L11ADER IRET 11HIP 1 FIRIREON.mcWlIWALL TAOSWINATanre LS ARE �E IATENO 111 MIL R IN NNE NTHE S`AER - NOTNE NOT I'lA A. AOIALFI EAST TONE 11 TILL vreoIEcrm Ere OO�TEIT P-IT -1 IIASE" Al xI-TRITIT AUOE 111T D-TEIR ForewA IS 1-1 canN)oI "ARHaSEEA HA ALLNreusvNALOE IEvs TI EN'llEE'E W, A"IT ..OT NTns OocuMENTNwc T NuareaNTEE m a r ur rennoNs awry{ re woOviCA noes wu nor eE InnOET o HUM ar Ere ( , EANI Ill RE s LI G FKt' R'SOCErzTFlCATION SEAL IF APPLICABLE Ia r nO/oreO OT Ere EL cr _ ME Ns _TACT IN D""T r IDN N NreINA wA,Ere ATIEME,T N rela i TIN a� reNN-.==-2".E. -III mE 1 TA SEAL SO "I" OR' SEALED HERE WITH DRAWING NO. C-7BNDY surevEraRs sEA suEET of nF of XXXXX TITLE COMMITMENT PER OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER: 2WO7284, COMMITMENT REVISED DATE: JANUARY23. 20200 7AS A.M.: SCHEDULE PA ]FIT EXCEPTIONS ITEM NO. 1 DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING S UBSEQUENTTO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORDTHE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. (NOTA SURVEYOR MATTER) ITEM NO. 2 RIGHTS OR CLAIMS OF PARTIES IN POSSESSION.(NOT A SURVEYOR MATTER) ITEM NO. 3 CONSTRUCTION, MECHANICS, CONTRACTORS' OR MATE RIALM EN'S LIEN CLAIMS, IFANY, WHERE NO NOTICE TH ER EOF APPEARS OF RECORD. (NOTA SURVEYOR MATTER) ITEM NO. 4 GENERAL OR SPECIAL TAXES AND ASSESSMENTS RECITE IRE D TO BE PAID IN THE YEAR 2020 AND SU BSEQU ENT YEARS. (NOT A SURVEYOR MATTER) ITEM NO. 5 AN V LIEN PROVIDED BY CCU NTV ORDINANCE OR BY CH. 159, F S., IN FAVOR OF ANY CITY, TOWN, VILLAGE OR PORT AUTHOR ITY, FOR UNPAID SERVICE CHARGES FOR SERVICES BY ANY WATER SYSTEMS, SEWER SYSTEMS OR GAS SYSTEMS SERVING THE LAND DESCRIBED HEREIN; AND ANY LIEN FOR WASTE FEES IN FAVOR OFANV COUNTY OR MUNICIPALITY. (NOTA SURVEYOR MATTER) ITEM NO. 6 INTENTIONALLY DELETED ITEM NO. NTENTIONALLY DELETED. ITEM NO. 8 DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 25862, PAGE 3302, OF THE PUBLIC REGGS US OF MIAM I-DADE CCU IIILORI DA, WHICH CONTAINS PROVISIONS CREATING EASEMENTS. (NOT PLOTTABLE) ITEM NO. 9 I STEEPED NALLY DELETED ITEM NO. 10 RIPARIANAND LITTORAL RIGHTSARE NOT INSURED. AS SHOWN ITEM NO. 11 AN V PORTION OF THE LAND LYING WATERWARD OF THE MEAN HIGH WATER LINE OF LITTLE RIVER, AND LANDS ACCRETED THERETO.(AS SHOWN) ITEM NO. 12 RIGHTS OF LESSEES UNDER UNRECORDED LEASES(NOTA SURVEYOR MATTER) CONTACT PHONE NUMBERS: LAND DEVELOPMENT N:NOS)AILl2 e OMI TYOFMIAPLANNING& 24 ING LIOS) Ale-1Ass FOLIO NUMBER: STATEMENT OF ENCROACHMENTS: THERE ARE NO ABOVE GROUND ENCHRDACHMENTS NO EARTH MOVING WORK,BUILDING CONSTRUCTION OR BUILDING ADDITIONS HAVE BEEN NOTICED. THERE IS NO PHYSICAL EVIDENCE THAT THE SITE WAS EVER USED AS SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL. LAND AREA: aF S4.FT. (2. ACRES) o o1Mr ma112 gnealw vm 1o1A2M 54vFrPl2..1tl aCR s) UTILITY COMPANIES: Honda Power& Ught-305-377 6108 Water & Sewer-NIFTA PISTON 305372 6639 ZONED: T3-O- RESIDENTIAL SINGLEFAMILYAND TWO FAMIL YRESIDENCE (DUPLEX) SITE NS DEvc 4PMENTNCIODE O"ATY 4 "ALTA/ACSM Land Titll/^e\ Survey" II CA 11 ON MAP N N. T. S / I LEGAL DESCRIPTION \ B ITT OF WAY . BE UK M.BE PABT1CUUBLVDEG BI'DAswunws. Asr MEASURED=NaBTH e1'Sz'sz° nnMaaNOTHEsaDNFNE.,..RF.T s9AEaR ADSTANCEaEBir" EI, THEPAINTaE BEOINNINO aE EaSr lMEasDBED=NORTH eT'3z'sz"Eas" E EIU D UTATED `a THAesR3.P's2aR' E 11 (ALSO BE NOSH D 71 NE)wB AN All USANCE.111111IFETT NFICTI RwEISAIDPAINT BEAGGN Ga"'" WItALLVLATEDNaBTH G1'2o'zo"wESTI Feats TI�EIENTS1 aF GA D BST, TH ENCE BUN N 2s'oT'ze" E IMEASIBED=NORTH 22'S9'a" EAS1 Ea BA DISTANCE I sa IEET,11,E .R FEES, TO TIE SO ITH Ell —El I EDGE I I TIE LITE ITEEN TH SUIT FICANDEING NDITTLIKESTEI I AND DE MINE mW IMEASVBEDS "`2D19'a2E'PEASTLAIONGSAID EAASI LYLAI NE I, FIT' ANRD IT, NCE IN, 1.BADSTANIE.1172 UN I IMEASVR DSSD�WH �IFITIETWESTI, ALONGSAIDEASTERDERI'111WAYRNEo NEaTHAEENUFFORAMAM, FLORIDA U. MANAGEMIENTDu-rwCTISFWBNIDIDRAWINONaDGSNAS DYWN . IN SUBEEY BYGNUTH HnBIDAWATER A PARCEL IFIND IN LOT 11, a FTIESUBLIFISIDNUFTHE NaRTHWF NUFARTERINW s/alaFSEII.N1 TER INW a/aI 21,1UN 1, TOWNSHIP SS SOUTH, RANGE a2 EAST, ACCORDING TO THE ITS AS D AGE DAD INUNI IDA THE PAINT IF BEGINNING, BEARSaULD 2zo z3 EASTEIMEASURED--S.-2-11a2&EASTAIn NGTHE THENCE, NUBT122o21 WEST I CALIUUTED=NORTH 2-11l2" WEIIADIGINFIEDFsas.SGFEET, T1ENCF,NaRTHB9na S2 EASTICALCUUTED-NaRTHe9'4a's2"EASTI.A RI—NCE aF.1. FEET, THENCF,SOUT1251925 EASTICAL ULATED—U1H2S-1e'as° EAST AD1sANCE IF 111.11 FEET, AST ICALIUTATELFSOUIH si'os'1s° EASTAYL A PO . AD u-TANCE UFBSSFLON FEET, MaRE OR LESS.RA EAST IOLAST t�R1yEh n� ms LEGEND 0 SANITARYSEWERMANHOLE FIRE HYDRANT MONITORING WELL ® WATER METER • WOOD POWER POLE ® CONCRETE POLE P.G PAGE 9.0.9 BASIS OF BEARING 9 CENTERUNE Ile MONUMENTUNE (R) RECORD (M) MEASURED (C) CALCULATED (SFWMD) SOUTH FLORIDA WATER MANAGEMENT DISTRICT ID. IDENTIFICATION No. NUMBER P.B. PLATBOOK aM aeytneAnLana One cleryof ProfesPslonelsurveyo,,, rs, entl lnclutles Items 1, FBI 20 WaldD F Bltal,ig-d6YwaldnF Pae2A0141000000017 oe en 222I 11372A29 , 8372A29DB00004AD6 wD00F21 W 22 11ne22-24'22TEL CIID1/CVr D1f AInTCf THISITEMHASBEEN RECTROAR ELYSIGNED&SEALED BYWALDOF PAE2, LS3284ONJ SEPTEMBER 22, 2021 USING A DIGITAL SIGNATURE CERTIFIED BY IDENTRUST. DIGITALLYSIGNEDPRNTEDCOPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST B E VERIFIED ON ANY ELECTRONIC COPIES. THE SEAL APPEARING ON T ELS DOCUMENT WAS AUTHORESED BY WALDO F PAE2, L53280 ON SEPTEMBER 22, M21. i3P��o TININIIIIIIINIIIINIDIIINITICN PLO 21 TH N ON THIS STISBYTHAT COUNTY I TH RUBE 31 LOCATION AND IDENTI FECSTI ON OF UO LOT OF RHANv ARE SHOWN IN ACCORDANCE WITH RECORD Al OWNERSHEP 15 DENT OR ON of TITLE SI TYPE OF SUREEY: BOUNDARYSUREEV LEGAL DESCULT ON TUNILITED BY CLIENT 'I TH E AND THE ORIGINAL RAISED SEAL of 11 TH IIUN UT SHOWN HEREON HOLTHESURSEYONO F RECORD DOES NOT DETERMINE CWNERSHIP OF FENCES. MEASUREMENTSSHOWN HEREON DEPICT PHYSICAL LOCATION OF FENCE 111wEMAFEEASUREO TO AN All 1211N O/oR LOT 131No EEN BnaoE TO LOCATE ANY FOUNDATION BENEATH THE SURFACE OF HE GROUND. 1AIBT the Monument Lme of THE ACCOMPANYINGSURSKYWAS MADE OUTHE GROUND AND AGERRECTELSIHOWS I TUATED ON T HE ABWEE P RE. ITS, TH ERE ARE 10 11 BEE GULF ON AND AS AGE jA ACCoRDANCE IS TH ANDFIR I LAWS 'TREETDE PH I STREETS THIS DOCUMENT CONSIST OF THREE (3) SHEETS AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO THE OTHER Z�NOTICI "ALTAIACSM Land Title Survey" GRAPHIC SCALE ... ......... z ra Pmi000pe — — — — — — — — — — — — - -- — — — — — — — — — — — — — — — — — — — - — — -------- — — — — — — - — -- ------- — — — — — — E 4rh 4WAVMUE—.. .... IMOO I(R? 0 I WfSF-1) z19 W(C) —T-N VA�SCANT` 'Mt- Rigb OfJOO' q— k ve Emil "ALTAIACSM Land Title Survey" Tree Table Information Provided by: Pelican Harbor Seabird Station Alison Walker (ISA FL-9317A) August 9, 2020 H COlManamaCE 2 I IMI-13 Jill 3 1�J L11Y'f]F� NOTICE rni..ebminal needs m t Ihedeiee m, a pabk heahng in a�o�aan� wan iimer�na..et ronh m the Citym Mi"I CWe. The appllwde tlecision-maXing bwywill rewewthe inbrmation at the pabac hearing t. n:naer a recommendation nr a final d-in., PZ-20-6058 City of Miami 09/19/22 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 24, 2007 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS RE - RESOLUTIONS ES - EXECUTIVE SESSION PART B PZ - PLANNING AND ZONING ITEMS 1�J L11Y'f]F� NOTICE rni..obnidal needs m—Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City & Mlani CWe. The appdwde decision-nahing bWy will renew the inbrn ,at the pabec hearing to rend,, —mends ., nr a final decid., PZ-20-6058 / \\ 09/19/22 /f Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE rnI...bn'nai need, m be.ch.&w dmra p�bk heahn9 In arc nd—wM1h hmellne. setforth in the City& il 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE M'-U,,ie Thee , tth be bkh,,,i,g I nd,, renew the inlcrmatioU at the pubic hearing to rentl er e recommendation nr a nnai d-in., PZ-20-6058 Present: Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Regalado and Commissioner Spence -Jones 09/19/22 On the 24th day ofMay 2007, the City Commission of the City ofMiami, Florida, mt regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:32 a.m., recessed at 12:54 p.m., reconvened at 2:37p.m., recessed at 7:01 p.m. to convene an attorney -client session, reconvened at 7:34 p.m. to convene the Commission meeting, and adjourned at 7:54 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9:33 a.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9:35 a.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 2:40 p.m. Note for the Record: Vice Chairman Sanchez entered the Commission chambers at 2:42 p.m. Note for the Record: Vice Chairman Sanchez entered the Commission chambers at 7:38 p.m. ALSO PRESENT. - Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk Chairman Gonzalez: We are ready to begin this Commission meeting. Welcome to the May 24, 2007 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Marc Sarnoff, and me, Angel Gonzalez, Chairman. Also on the dais are Pedro Hernandez -- I'm missing Pedro Hernandez -- the City Manager, Jorge Fernandez, City Attorney, and Pamela Burns, Assistant City Clerk. The meeting will be opened with a prayer by Vice Chairman Sanchez and the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PRA 07-00674 CEREMONIAL ITEM Honoree Presenter Protocol Item National Tourism Week Mayor Diaz Proclamation Employee Free Choice Act Day Chairman Gonzalez Proclamation 07-00674 Protocol List.pdf 1. A proclamation was made by Mayor Diaz proclaiming May 20 - 27 as National Tourism Week in the City ofMiami, whereby local officials join the Greater Miami Convention & Visitors Bureau in tribute to the 11.5 million annual visitors to Greater Miami and the Beaches who generated $16.3 billion in direct expenditures; further, William Talbert, of the Greater Miami Convention & Visitors Bureau, recognized the Mayor, Commissioners, and City Manager for City ofMiami Page 3 Printed on 611112007 City Commission MAYORAL VETOES Meeting Minutes their leadership and support in the success of travel and tourism; further Miami Hotel Task Force. 2. Commissioner Sarnoff presented Mayor Diaz with the book titled "Miami. autographed by Seth H. Bramson. 1�J L11Y'f]F� NOTICE rnie eobnidal needs m Ih.&dm,a pbk heeling in rcond—wM1h,—i n, s&iodh in the City of Mlami Code. The applies be d.isbn-making body will rewewthe information at the P"" hearing to n,nde, e nxommendation o, a final eecivon. PZ-20-6058 / \\ 09/19/22 /f 3. Commissioner Sarnoff, on behalf of the Mayor and Commissioners, expressed condolences to the family of the late Vincent Thomas Delmore, whose life was fatally ended while crossing US I and Southwest 27th Avenue, on May 20, 2007. 4. A proclamation was made by Chairman Gonzalez proclaiming May 24 as Employee Free Choice Act Day, which recognizes the noteworthy value of workers' freedom to bargain collectively. Chairman Gonzalez: Thank you. You may be seated. Now we're going to go into the proclamation and presentations. Mr. Mayor, you have a proclamation. Mayor Manuel A. Diaz: Yes, I do. Good morning. Thank you, Mr. Chairman. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: All right. Let the record reflect that there hasn't been any vetoes from the Mayor's office; is that correct? Pamela E. Burns (Assistant City Clerk): That's correct. Chairman Gonzalez: Thank you. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. We're ready to begin with the regular agenda. OK. Vice Chairman Sanchez: We need to approve the minutes. Chairman Gonzalez: Yes, yes. Just a minute. Just a minute. Commissioner Spence -Jones: Mr. Chairman, do you want to get the PA (Personal Appearance) item out of the way, the -- so that the Bureau can go and they don't have to wait for -- because this -- I know we have a 10 o'clock -- 10 a.m. time certain, but -- I know the Bureau is here. He has a personal appearance. Chairman Gonzalez: Which item is that? Unidentified Speaker: PA. Commissioner Spence -Jones: It's -- and he said it won't be long; 30 seconds. Vice Chairman Sanchez: But while -- Bill, while you set up, I make a motion to approve the minutes of the Planning and Zoning meeting ofApril 26, 207 [sic]. So move. City ofMiami Page 4 Printed on 611112007 City Commission Meeting Minutes Commissioner Sarnoff: Second. Commissioner Spence -Jones: If not, you would have to wait. Chairman Gonzalez: All right. We have a motion, and we have a second. All in „aye The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Order of the Day 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pbk heahng In — d—wM1h hmellnes set f,& in the City of Mlami C We. The aped. A, decision -making body will n: _e ,inform , at the pa bec hearing to n:ndere nxom da ., nr a final decison. PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: Mr. City Attorney, will you please state the procedure for the meeting? Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. Any person or entity requesting approval, relief, or other action from the City Commission concerning any issue shall disclose, in writing, at the commencement or continuation of the hearing on the issue the following information: Whether any consideration has been provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief, or action; to whom the consideration has been provided or committed; the nature of the consideration, and a description of what is being requested in exchange for the consideration. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the chamber shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearings "portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk, as soon as possible, of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. PZ (Planning & Zoning) items will begin after 10 a.m., and there is no items being withdrawn by the Administration, Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. City ofMiami Page 5 Printed on 611112007 City Commission Meeting Minutes PERSONAL APPEARANCE PA.1 07-00627 DISCUSSION ITEM 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e -mends ., nr a final decin., PZ-20-6058 / \\ 09/19/22 /f MR. WILLIAM D. TALBERT, III, PRESIDENT & CEO OF THE GREAT MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE CITY COMMISSION REGARDING AN UPDATE ON THE STATE OF THE VISITOR INDUSTRY IN MIAMI. 07-00627 Cover Email.pdf DISCUSSED Vice Chairman Sanchez: Bill. Chairman Gonzalez: OK. Let's take PA.]. Bill Talbert: Just a 30-second (UNINTELLIGIBLE) -- Chairman Gonzalez: I'm sorry. Wait a minute. Go ahead. Mr. Talbert: Bill Talbert, president and CEO (Chief Executive Officer) of the Greater Miami Convention & Visitors Bureau, 701 Brickell Avenue, Suite 2700, Miami, Florida, U.S.A. (United States ofAmerica). I just wanted to give you a little bit of the state of the industry. I think you're familiar with the -- of the strong numbers, 11.6 million overnight visitors, more visitors who spent more than in the history. That's the good news. We've got a few challenges. That's just what want to get on the record as the challenges to the destination. One is the visa and the immigration process into this country. We are not yet back this community to pre-9/11 numbers for our international visitors. Miami has a higher percentage of international visitors than any designation in the United States. Forty-five percent of our customers are not from the United States. We have, by all studies, the worst entrance process in the world. In fact, surveys have indicated it's the worse by twice, so we're involved in a national partnership, Discover America Partnership, that's trying to get through some of those visa problems that plague this country, and just imagine how many more international visitors we would have. We are still five percent below pre-9/11 numbers for international visitors. You know, that's Canada, that's Germany, that's Brazil, that's Argentina, that's England. Now, with that said, we are not down as far as the rest of the country. The United States has suffered even more. That's one issue. We are, with our partners at the County and the City of Miami Beach, going about a process of enhancing the Miami Beach Convention Center, the largest convention center in our destination, and I could tell you, when we have a citywide conventions, the hotels on this side fill up. We have challenges on customer service. Our board chair, Maria Sastre, is taking the lead. She's with Royal Caribbean on raising the bar for Customer service. We're doing a variety of secret shopper programs, and we're in it for the long haul to raise our customer service levels. We have also -- we have challenges with competition, which compounds the immigration -- the visa issue of -- it takes you a hundred days to get a visa today in Brazil. You can hop on a plane in Brazil and fly to anyplace --almost anyplace in the world. For instance, Dubai. Dubai has 50 five-star hotels they're building. They have beaches. They have weather. They have high -end shopping. They have high -end retail. They have high -end restaurants, so there's a lot of competition out there, so we need to make a breakthrough, and we think we're starting to make progress at the national level. We're involved in this national coalition, but there's a lot of competition out there. We're going now for the cycle, and there're 2,800 new hotel rooms in the City ofMiami that are going to come on line very soon. We're excited about that. It's all about infrastructure; it's all about product; all about customer service, but we're going to be with our City partners booking more conventions. We're obviously a very hot leisure destination. That's my report. Thank you very much. City ofMiami Page 6 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Mr. Chairman, I just -- wanted to just make a 30 all, I want to commend Mr. Talbert for always being a supporter of the commut wonderful things that the Bureau has done and continues to do. I just wanted to t sure I ive you like two little tidbit -- a couple tidbits just to make sure we have -- Mr. Talbert: We love tidbits, Commissioner. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / 09/19/22 /f Commissioner Spence -Jones: -- your support. As you know, this board, or the CRA (Community Redevelopment Agency) Board, passed not too long ago a hospitality institute, and the whole purpose of it is to train people from the community so that they could get these hotel jobs and these cruise line jobs. I just want to make sure that there's a true partnership with the Bureau to make sure our neighborhoods and the residents in those neighborhoods have the opportunity to really utilize the partnership with the Bureau to make sure that they have access and support, so that's one thing that I wanted to tell you -- Mr. Talbert: Absolutely. Commissioner Spence -Jones: -- and then the other thing is I do understand that we now have, which I know you didn't get a chance to mention today, a special focus on cultural tourism in neighborhoods, which I know that was a major push for your last year, and apparently, now you've identified two communities, Little Havana and Overtown -- I'm assuming right now that you're doing a major push with -- Mr. Talbert: Yes, ma'am, that's right. Commissioner Spence -Jones: -- and I really would like to encourage that we do put some tourist development centers or some like places where people can pick up information in those -- Mr. Talbert: Visitor centers -- Commissioner Spence -Jones: -- visitor centers. Mr. Talbert: -- and we have a mobile -- we have that mobile facility we can utilize, too, and we thank you for the involvement and your attendant to some of those meetings. Carole Ann Taylor is the chair at the Bureau of that effort. There is funding from the County. Commissioner Spence -Jones: Oh, good. Mr. Talbert: There is funding from the County. I think you were helpful in securing that -- Commissioner Spence -Jones: OK Mr. Talbert: -- Commissioner, and we thank you, but we are very much committed to neighborhood and cultural tourism. Commissioner Spence -Jones: OK Because I see -- when we see 11.5 million people, that's a lot ofpeople coming to this area. Can we --I could only imagine if some of that spilled over into these neighborhoods where the businesses and the other people would benefit from, and then last, but not least, my only comment is, I wanted to have your input regarding the issue of convention and conference space. I know that's becoming a big challenge. Many of the conferences and conventions are choosing not to go to Miami Beach, for whatever reason. I don't know if it the hotel cost or how -- distance it is from the hotels, but just for you to put on the record how important it is for at least, downtown Miami to have adequate convention and City ofMiami Page 7 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE rni. sbminal needs m tx ahea�i�.e m.............. conference space. in more— ffl, nmennes ed meh in the City of Mlami CWe. The appdwde decision -making bony will renew theinm'm ,at the pabec hearing to rend,, nxommentlation nr a final eecieon. Mr. Talbert: Well, it is -- in fact, if you talk about the downtown package, if ' PZ-20-6058 package of the Hyatt, the InterCon., and the three hotels that are being built on 09/19/22 bay, there are 1,200 hotel rooms, and I know the general managers of all of those active with us, and we lookforward to booking more meetings and conventions downto Performing Art [sic] Center is a venue; we're using that, and the Knight Center, so we're excited, as that -- you know, with conventions, it's about facilities; it's about meeting space, and it's about hotels. You're going to have 1,200 rooms within walking distance right in the downtown corridor, and we're very excited about that. Commissioner Spence -Jones: Well, I just wanted to make sure that you officially put that on the record because that's one of the things I've been pushing very hard to make sure we have adequate convention and conference space to even attract these individuals to the area, and especially since we have all these hotels coming on line, people have to have a place to at least have their meetings and their conferences or conventions. Mr. Talbert: Very important. Commissioner Spence -Jones: Thank you. Mr. Talbert: Thank you. Commissioner Regalado: Bill, one question -- Chairman Gonzalez: All right. Mr. Talbert: Mr. Chairman. Commissioner Regalado: --Mr. Chairman, if I may. Mr. Talbert: Yes. Happy birthday again, Commissioner Regalado. Commissioner Regalado: Thank you. Thank you. Forty-five percent of the visitors to Miami -Dade County come from foreign countries. Mr. Talbert: Yes. Commissioner Regalado: Besides the visa issue, which is a homeland security issue, that would be up to the executive and the worldwide war on terrorism, but there is some issues at the Miami International Airport level in terms of delays going through the different areas, and I know that Jose Abreu has been trying to work, but there are hundreds of agencies involved in the process, and some of the people are just deciding to use the Fort Lauderdale -Hollywood International Airport, and is that something that could reduce the ratio? Mr. Talbert: Well, 15 percent of all of the customers coming into Fort Lauderdale are Miami customers, 15 percent -- Commissioner Regalado: Right, that's what I thought. Mr. Talbert: -- and MIA (Miami International Airport) is the international airport of the region. There's not that much international business in Fort Lauderdale. To the extent it comes here, 15 percent of those customers are our customers; they're not going to Lauderdale. I can tell you, in working with Jose Abreu, there are -- there were two model airports that the United States governor set up for process, Dulles and Houston, I think for obvious reasons. We are now City ofMiami Page 8 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE ThI. eu bmitlaln d,m te• acheeulee mra public heating positioned to be the next city for a model airport for this enhanced entrance In a�ofesn�wm timelines set forth in tba Cltyof Mlami CW, The applicable tlecision-maXing bony will in meeting with lose just yesterday, we think we can get that -- be the next, y New ne o coati°°atma'afin earingtc sneers tlatlon er a final eecmen. capitol, and I guess the other capitol, the Texas capitol, but we're excited abo PZ-20-6058 0 and then we're involved in --and that will make the process much easier. I me 09/19/22 construction issues. The good news is to the airport, within a few months, the sou brand-new south terminal's going to open, and we'll start to see a light at the end of t on this, you know, long, long process of building a new airport on top of an old airport, and with, what, 35 million customers coming through, it's a -- it's been a challenge. I can tell you, in working with the airport, they're about to launch partnership with us, them taking a lead at the airport, a whole focus on customer service. Miami International Airport, a focus on customer service, so I think as we all know, sometimes when a facility isn't, whether it's a hotel or whatever, top-notch, but the customer service is, you're going to go back. You're going to -- somebody cares, so I think we're working in partnership with MIA, and I think you'll read and see -- and we -- well, we survey our customers. We have 25 years of customer service survey, so we can tell when that level starts to go up, and you know, for the destination, the good news is, these five-star hotel products -- you had the Ritz -Carlton here in the room -- they have helped the destination customer service level go unjust by five-star hotels being in the destination. They lead by example, and it kind of spins off, but the Miami International Airport challenge -- I've been here 35 years, and it's been a challenge, but there seems to be a light at the end of the tunnel. Commissioner Regalado: Thank you. Commissioner Spence -Jones: Thank you, Bill. Chairman Gonzalez: All right. Thank you -- Mr. Talbert: Thank you for the 30 seconds. Chairman Gonzalez: --very much. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00587 DISCUSSION ITEM DISCUSSION CONCERNING CITY OF MIAMI RECYCLING PROGRAM TO INCLUDE ALL OWNERS AND TENANTS OF PROPERTIES LOCATED WITHIN THE CITY OF MIAMI (WHETHER RESIDENTIAL, GOVERNMENTAL, INDUSTRIAL OR COMMERCIAL). 07-00587 Cover Email.pdf INDEFINITELY DEFERRED City ofMiami Page 9 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: Commissioner Sarnof? Commissioner Sarnoff• No. I'm going to waive -- let me say it right. I'm go to an undefined date. Chairman Gonzalez: All right. 1�J L11Y'f]F� NOTICE rni..obnidal needs m—Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxo —da ., nr a final d-id., PZ-20-6058 / \\ 09/19/22 /f D2.2 07-00659 DISCUSSION ITEM DISCUSSION CONCERNING THE CITY'S ABILITY TO EXPEDITE CAPITAL IMPROVEMENT PROJECTS FROM CONCEPTION TO PERMITTING. 07-00659 Cover Email.pdf INDEFINITELY DEFERRED [For minutes related to item D2.2, please see item D2.1.] D2.3 07-00660 DISCUSSION ITEM DISCUSSION CONCERNING STATUS REPORTS ON THE FOLLOWING: 1) PAUL S. WALKER PARK 2) PROPOSED OASIS PARK 3) PROPOSED 1001 BRICKELL BAY DRIVE PARK 07-00660 Cover Email.pdf INDEFINITELY DEFERRED [For minutes related to item D2.3, please see item D2.1.] City ofMiami Page 10 Printed on 611112007 City Commission Meeting Minutes DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00591A DISCUSSION ITEM 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e -mends ., nr a final decin., PZ-20-6058 / \\ 09/19/22 /f DISCUSSION REGARDING A REQUEST OF THE CITY OF MIAMI'S LOBBYING TEAM FOR THE 2007 SPECIAL SESSION OF THE FLORIDA STATE LEGISLATURE. 07-00591A Cover Memo.pdf DISCUSSED Commissioner Regalado: The other item is the legislation in Wash -- in Tallahassee. I -- and the other one will be brief, but the legislation in Tallahassee. We have the special session actually beginning on June 12. By the way, so you know, today I think that the Governor veto $459 million in line items. Senator Rudy Garcia call me and told me that, so my -- probably projects from South Florida would have been victim, but my question is, what is the strategy of the City in this upcoming special session? I am a taxpayer. Are you using my money to lobby against me in Tallahassee? Pedro G. Hernandez (City Manager): No, Commissioner. On the contrary, I think that the City of Miami has been quite proactive in understanding the necessity for reductions in property tax, and rather than be in denial and fighting it, we have been proposing ideas and plans and strategies that I think are -- have been well received and are part of what's being discussed or will be discussed by the House and by the Senate, so on the contrary, we are supportive of actions that will result in reductions. Commissioner Regalado: Yeah, but what is the goal that we're trying to achieve there -- Mr. Hernandez: Well -- Commissioner Regalado: --ten percent reduction? Mr. Hernandez: -- it's difficult to talk about percentages, but it's around maybe 15 percent impact on property tax, but it all depends on how soon actions happen because it will require constitutional action, so you will need referendums. I don't know how much of the actions will take place before, let's say, the fiscal year '07/'08. There will be an impact in '071'08. There will be a full impact in '081'09. I think that's probably -- Commissioner Regalado: Yeah, because the referendum will be on the 29th of January on the primary -- Mr. Hernandez: Exactly. Commissioner Regalado: --presidential primary. Mr. Hernandez: And in a way, I think it's better to be able to have a gradual approach to the reduction rather than a very sudden cut. It will allow the county municipalities to adapt better, but obviously, we are supportive ofproactive actions in reductions in property tax. City ofMiami Page 11 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE This su bmi" I needs b tx"heaolee bra "bec healing Commissioner Regalado: Well, thankyou. in—nea ffl,bmehnessefMhinth,City & MlamlCWe.Th apphwhtebsi—n-naXingi,Wywil renew thembrma ,atthep,bchearingt, rend,,, recommenaauon or a nnal eeueon. Vice Chairman Sanchez: If I could add -- if I could just add to that. I -- as a PZ�09/19/22 206058 framework that's beingpresented in Tallahassee now, which has been recomm Governor, the Senate president, and the House speaker, and along with the Demo the winner, has been the plan that the Mayor has been working on, and I think it's imp praise the Mayor, and the Administration, and the staff up in Tallahassee, which really focuses on across-the-board tax relief on homestead exception [sic], on properties, on all those because we all know that this is going to be a referendum where people are going to have to go vote, and if they don't benefit from it, they're certainly not going to be supportive of it, so at least the City of Miami has been sitting down at the table as a partner. You've read in many newspapers as some cities have used scare tactics to try not to reduce taxes. I think that our plan --and I think that --I have received the plan, a copy of the plan. I don't know if the other Commissioners received it. It's very significant, and it's something that, if it does get implemented in Tallahassee, it is going to provide a relief, which I think is something that we're all very in favor of, providing a relief to the most needed in our community, so I'm surprised you have not had a chance to review that report. The other Commissioner -- have you received that report from the Mayor? Commissioner Sarnoff: I have. Vice Chairman Sanchez: You have? Commissioner Sarnoff: Yes. Commissioner Regalado: No, I haven't. Vice Chairman Sanchez: You haven't? Mr. Chairman, have you received that report? Well -- all right. Chairman Gonzalez: All right. Next. Commissioner Regalado: But anyway, the -- what the Vice Chairman is talking about is what the -- this republican state representative is introducing from north Florida, the ratio of the value of the homes by county. Chairman Gonzalez: Median value. Commissioner Regalado: Well, I mean, the issue is about reducing taxes for the people, whatever plan works, whatever plan -- I'm just saying that, for instance, the County has been using my money, as a taxpayer, to lobby against me because they have gone to Tallahassee and say to -- well, if you do this, you -- you know, we're going to -- no firefighters, no public libraries, no social -- Chairman Gonzalez: No police. Commissioner Regalado: --programs, no police, no that, and that's the story, so that's -- Mr. Hernandez: We have not, Commissioner. We have not. Vice Chairman Sanchez: Well, I think any government that sticks their hand -- head in the ground and thinks that we're not going to be cut -- I mean, let's be realistic. There is going to be tax relief, and there's going to be tax cuts for the cities, and we need to prepare ourselves. We need to tighten ourselves. The belt needs to be tightened, and I think that's the message that Tallahassee has. We have, once again, believe that we been up there as a partner trying to find City ofMiami Page 12 Printed on 611112007 City Commission Meeting Minutes solutions to those problems instead of whining like other cities have done, mention any names. D4.2 07-00596A DISCUSSION ITEM 1�J L11Y'f]F� NOTICE rn1..0,nmal needs m Ih.&dm,. pbk haehng In aaortlana with hmellne..et ionh in the Cityof Miami Cole. The applies Lie decision -making body will renew the information at the pubec hearing t, rend,, e reccmm.ndaticn or a final d-in., PZ-20-6058 / \\ 09/19/22 /f DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRN4% REGARDING THE ISSUES THAT SILVER BLUFF RESIDENTS HAVE W THE CATALONIA CONDOMINIUM ON SOUTHWEST 27TH AVENUE. 07-00596A Cover Memo.pdf 07-00596a Submittal Photos.pdf DISCUSSED Commissioner Regalado: Mr. Chairman, the last item -- sorry, Commissioner Sanchez -- the Catalonia. It's coming back. Pedro G. Hernandez (City Manager): We're making progress. Commissioner Regalado: No, we're not. No, we're not. This is this afternoon picture. What they promised to the Zoning director is not what they done, and this is wrong, and you know -- Mr. Hernandez: Well, I don't think it's the final fix. They have to do more work. Orlando Toledo: Orlando Toledo, senior director of Building, Planning, and Zoning. I have also copies of the photograph. It seems like they put a --about an eight- or a ten foot stack on what was there previously. They also promised that there was going to be some type of a filter that was going to be placed on top of the actual pipes that had been placed there, and that hasn't happened yet, and I will speak to the developer either tonight or tomorrow again. Commissioner Regalado: And you know, June I is the start of the hurricane season. It's unfair to have elderly persons thinking that they are going to have to leave their home because of the exhaust of the generator when the -- Mr. Toledo: And I understand. Again, like I just said, I will now speak to them again, and if I remember the height that we spoke about when we were out there -- Commissioner Regalado: Fifteen, fifteen. Mr. Toledo: -- it was 15 feet, and it seems -- Commissioner Regalado: Fifteen. Mr. Toledo: -- like it's not 15. Commissioner Regalado: Well -- Chairman Gonzalez: And -- Commissioner Regalado: -- I mean, the -- you talked to the developer. We already did, and nothing happen, but like I said, I will be -- Mr. Toledo: Placing a sign. Commissioner Regalado: --going to you pulling a permit for --to place a sign in front of the building if they don't comply. Mr. Toledo: I understand. City ofMiami Page 13 Printed on 611112007 City Commission D5.1 07-00658 07-00658a Meeting Minutes DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES DISCUSSION ITEM NAACP CONCERNS REGARDING DEPARTMENT POLICIES. 07-00658 Cover Email.pdf DISCUSSED 1�J L11Y'f]F� NOTICE rni..obnidal needs m h.&w d tnr. pabk healing In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e -mends ., nr a final decin., PZ-20-6058 / \\ 09/19/22 /f Direction by Commissioner Spence -Jones to the City Manager to schedule for the July 10, 2007 Commission meeting a public hearing regarding the Police Department's policy pertaining to the prohibition ofpolice officers' association with convicted felons. Discussion on the item resulted in the resolution below: RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REVISE CITY OF MIAMI ("CITY") POLICE DEPARTMENTAL ORDER 11.6.13.20: "ASSOCIATING WITH UNDESIRABLE PERSONS," REGARDING THE ASSOCIATION IN ANY MANNER WHATSOEVER, WITH CONVICTED FELONS THEREBY ASSURING THAT THE APPLICATION OF SUCH POLICY DOES NOT RESULT IN AN UNDUE INTRUSION BY THE CITY INTO INTIMATE HUMAN RELATIONS. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0296 Chairman Gonzalez: Next. Commissioner Spence -Jones: Now the next item, as you know, that it's in ref -- actually, in reference to NAACP (National Association for the Advancement of Colored People) and ongoing conversations that I've had with NAACP and several other groups regarding an issue that is very important to all of us. As you know, we have a rule; this rule is a rule with no guidelines. The rule is simple: No police personnel can associate with felons. It does not have any exception. It has, as I said earlier, no guidelines, and that's the issue and concern that I have with it. Yes, this simple, straight forward rule is not implemented across-the-board. The department apparently has exceptions. These exceptions are not articulated by written guidelines, but are implemented on an ad hoc basis. Some people within the department are exempt; some people are discipline, and some people are terminated. This decision -making lends itself to abuse. It seems to me that the result impact has had an impact on women and minorities. I don't want to focus on that impact because I really think it's important for us to look at the issue of the policy itself just not being right. On its face, the policy is understandable in the sense that we don't want the integrity of the Police personnel to be compromised. I mean, we all understand that we want to be in a position where we do have people on the force and their integrity is not compromised. I suspect that the real aim of this policy is that such association should not enhance or contribute to criminal activity outside the scope of criminal investigation. Yet, this rationale does not seem to City ofMiami Page 14 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rni. eobmitlal needs m to e�dad"ied mf a p�bgn deaf,ng govern the implementation of the policy, and as a result, it is loosely applie e.ondurcew d mebneseetfMh in the City of Miaml CWe. The eppliwd, decision- naXing body will enforcement has led and can lead to the breaking up offamilies. It has led t wewme mendkoda p, bec[ d,,id , nder® tladano afinal—iison. decision between a job or her husband. It can next lead to a policeman not b PZ�09/19/22 206058 son or a policewoman not being a mother to her daughter if that son or daught Indeed, this police has implemen -- this policy, as implemented, can pose just as s threat to Police personnel not being brother or sister. My point is that this policy, as i implemented, poses a serious threat to unravel a fundamental fabric of our society for individuals who join the department, our families. Beyond the family, the policy, as implemented, continues to punish ex felons, despite the fact that they have served their time, despite the fact that they are making valuable contributions to this community, and despite the fact that they are trying to rebuild their lives. When I think of this point, I cannot help but to think about someone I know that's very special to us, Leroy Jones, and we all know him here. This is a man who, despite a mistake that led to his criminal conviction, served his time and is now making significant contributions to our city. He's a good father, and he's well -respected by a cross section of leadership in Dade County, and even on this Board. As this policy is being implemented, as a policewoman in the City's department could not even think about marrying somebody or associating with somebody like Leroy, despite the fact that he is obviously a good person and one who's making a difference in our community and in our city. When I raise this issue, I don't think that I'm alone in recognizing that we must stop the continued punishment of felons who served their time and are trying to turn their lives around. Recently, Governor Charlie Crist recognized this need when he decided to restore the voting rights of most of Florida's felons as soon as they were released from prison. My point is this: The Police Department's policy is flawed as it is presented --as it's presently applied. It has led to unfair application, and this was recognized by the Civil Service Board when it was confronted with this issue. Now I have listened to the Administration, and as it is -- tried to attempt to justify why this policy was not applied to some and plied -- applied to others, but those reasons do not make sense to me, particularly when they're not articulated in writing so that everyone receives the same notice. I understand that we presently have a case before the court surrounding this policy, so I'm all --I'm told to wait. I have to say that I've been told that this policy is being reviewed and to be patient. I can tell you I've been working personally on this for probably almost more than a year itself, just on the policy. I've gone through two managers, Arriola and now Pete. I can honestly say that even Commissioner Regalado has also had the opportunity to be faced with the same issue because not only did the NAACP reach out to me to discuss this issue and promises were made and not kept, the same thing happened with his office, where they also met with him, and then I'm -- he had other additional meetings with the Manager and promises was [sic] made and never kept. Now, you know, it's amazing to me, when I start listening to all of the justification as to why this is acceptable for one group and not the other. Today we have in the audience representatives ofNAACP, FOP (Fraternal Order ofPolice), officers that are on the force, officers that have been terminated, and to me, I just think that, at the end of the day, it becomes our responsibility, as a Board, to make sure that these policies are not created to hurt our families, but I cannot wait any longer because I'm convinced that the lack of guidelines and the lack of written exceptions, and the decision by the Civil Board calls out for this issue to be addressed immediately. Because of the threat of this particular policy that it poses, that we're sending the wrong type of signal to the community. I want to say that I really appreciate the City Attorney's Office really working with our staff to get to the bottom of handling and addressing this issue over the last, at least, 48 hours, and I really appreciate that, Jorge, because it has not been an issue thing for us, but I do want to say to they Deputy Chief, which is here in the room, and -- and Fernandez, if you can come closer, I really would appreciate it. You know that I have gone -- Chairman Gonzalez: Commissioner, let me -- Commissioner Spence -Jones: We're not going to take any comments. I don't want him to comment. City ofMiami Page 15 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: Wait, wait. Commissioner Spence -Jones: I just want to make a -- Chairman Gonzalez: Let me interrupt you a minute. Commissioner Spence -Jones: Sure. Chairman Gonzalez: You don't know what I'm going to say. Commissioner Spence -Jones: OK 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: Just give me a minute because I'm trying to conduct this meeting, OK? Commissioner Spence -Jones: No problem. Chairman Gonzalez: This will not require a public hearing. We will not have the public putting any input on this. I established -- Billy Hardemon: Mr. Chairman. Chairman Gonzalez: -- a long time ago -- Mr. Hardemon: Mr. Chairman. Chairman Gonzalez: -- that blue pages will not be a public hearing. People from the public will not be allowed to speak on blue pages, and that apply to every Commissioner; that apply to Commissioner Regalado, to Commissioner Sarnoff, and it will be totally unfair if I allow this. I - - a public hearing -- no. Mr. Hardemon: Mr. Chairman. Chairman Gonzalez: The public hearing -- Commissioner Spence -Jones: Well, I -- Mr. Hardemon: I called your office -- Chairman Gonzalez: I'm saying no. Mr. Hardemon: Mr. Chairman, I called your office -- Chairman Gonzalez: I don't care if you call -- Commissioner Spence -Jones: Mr. -- let me just say -- Chairman Gonzalez: I'm telling you -- I'm running the meeting. I'm running the meeting, and that -- those are the rule that I imposed on the meeting, and I'm running the meeting, OK? And ifI apply that rule to the other Commissioner, it applies to every case, to every Commissioner, so I'm not going to take any input. This case is in the courts, OK? Commissioner Spence -Jones: Well, I just want to be very clear, Mr. -- Mr. Hardemon: It's the policy. It's not the case. City ofMiami Page 16 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: I support a hundred per -- Commissioner Spence -Jones: OK I don't -- I -- Chairman Gonzalez: Don't make me turn off the -- Commissioner Spence -Jones: OK Chairman Gonzalez: -- mike because -- Mr. Hardemon: Well, turn it off. Commissioner Spence -Jones: All -- Chairman Gonzalez: OK. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Commissioner Spence -Jones: -- listen, listen, listen. We're going to have order. We're going to definitely have order, and I just want you to know -- Mr. Hardemon: Well, you ain't been having it. Commissioner Spence -Jones: -- Mr. Chairman, the reason why you see so much anger is that there's been almost a year and a half of -- Mr. Hardemon: Bunch of [expletive]. Commissioner Spence -Jones: -- discussions on this issue, and people really feel as though the Police Department is not being -- is not addressing the issue, so you're hearing just the frustration of the community, and the reason why folks have come out to speak is basically surrounding that issue, but I do want to respect you, as the Chair, and you have -- not just today -- acknowledged that that's one of the reasons why blue page items are at the end of the meetings now and not the beginning because that was happening, and then, also, for some reason, just recently, our -- many of our items have had individuals that wanted to speak on items, so I'm going to respect your position on it, and I'm going to ask for everyone that has a need to speak on it to please refrain because I do want to respect the Chairman on this issue. Chairman Gonzalez: And let me tell you. Commissioner Spence -Jones: I feel pretty con -- Chairman Gonzalez: I support you a hundred percent -- Commissioner Spence -Jones: I know you do, and I really -- Chairman Gonzalez: -- in what you're doing, and I support the community a hundred percent on their sentiment and their feelings, and I agree with you a hundred percent that the policy needs to be revised, and something needs to be done about it, but from that to allowing something that I had not been allowing to other Commissioners are two different things, so -- Mr. Hardemon: Mr. Chairman, it would be -- [At this point, the Chairman muted the microphone.] Chairman Gonzalez: OK, then what -- City ofMiami Page 17 Printed on 611112007 City Commission Meeting Minutes Mr. Hardemon: -- to extend a courtesy to the community. Chairman Gonzalez: -- the Commissioner has to do is put the item on the public hearing items -- Commissioner Spence -Jones: And I would be willing to do that. I don't -- Chairman Gonzalez: -- and we will discuss it. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will rewewthe inlorn ,at the pabec hearing to rend,,e recommendation nn a final d-in., PZ-20-6058 / �\ 09/19/22 /f Commissioner Spence -Jones: --have a problem with making it a public hearing item, but I do want to --I wanted to, at least, acknowledge the fact that you have communicated that's how you want to run the meetings, and I respect that. I think that my point has been well heard and well understood, and everybody sitting on the dais understands what's going on. The Deputy Chief should know because we've had several discussions, several meetings; myself, him, the Manager, the Mayor, all trying to work through this issue. This policy is not fair; it's not right. It is singling out women in the department. I'm not even just focusing on blackpeople. I'm saying it's hurting women in the department, so -- period. There -- because there's some Hispanic women and Anglo women that have been affected by this, so I really, really would ask that my fellow colleagues on this issue please support me as we direct the City Manager -- because to my understanding, Deputy Chief Fernandez, the -- your department actually reports to the Manager, correct? Mr. Hernandez: Yes. Commissioner Spence -Jones: And the Manager has the ability and the right to make the final decision as to what happens with the employees, correct? Mr. Hernandez: Right. Commissioner Spence -Jones: And I would expect that our City Manager really -- and I have to say this, Pete. You have been a great team player, willing to work and help us through all of these issues, but for some reason, everyone wants to back off on this issue, so I'm asking -- I would like to direct you today that we focus our energies in bringing back the revisions on this policy 'cause it's not working. I'm asking that the Manager, the City Attorney's Office, the Police Department, or the Chief, along with FOP, sit down to work on revising this portion of the policy that is not working that's affecting the families that we serve in our district. Vice Chairman Sanchez: All right. Is it -- Mr. Hernandez: Mr. Chair -- Vice Chairman Sanchez: -- may -- before -- Chairman Gonzalez: Yes, sir. Mr. Hernandez: -- may I respond? Chairman Gonzalez: You're recognized. Vice Chairman Sanchez: That's the form of a -- Mr. Hernandez: I -- Vice Chairman Sanchez: --motion? City ofMiami Page 18 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE �� ine�hea�iee mra Mr. Hernandez: Chair, I-- in—nean�wm tlmelineseetiMh come City& Mlami CWe. The apphwhtetlsis n-making bWywil renew the inbnnn nat the pu bk hearing to rend,,, This eobn, recommeal neeaemnaatitxon nr a nnal eeuep.bgn heelingon. Commissioner Spence -Jones: Well, no. I'm going to -- PZ-20-6058 09/19/22 Mr. Hernandez: -- would like to say -- Commissioner Spence -Jones: -- read the motion. I just -- Mr. Hernandez: -- that the Administration, with the Department, and with the City Attorney's Office, have already been working on developing clarifications, expansions to that departmental order in order to provide guidelines that would make it easier and clearer in its application and result in more uniformity and consistency. However, I also have to note, in defense of the Department, that even though there may not be that clarity on it today, I think that a lot of the allegations that I hear are not totally correct, in my opinion. There are different ways to view this. I think that in looking at the cases, I have access to information that maybe others don't. I think that they have been pretty fair, considering what they have had to deal with, and they are sensitive to the human factor, and they have demonstrated it in some cases, so even though I do agree that the develop -- the departmental order has to be improved considerably, I think that the Administration and the Police Department, especially, are doing a decent job, and the allegations are not totally correct. Commissioner Spence -Jones: Well -- and Pete, again, you're hearing it from one side and one perspective -- Mr. Hernandez: And I -- Commissioner Spence -Jones: -- and quite frankly -- Mr. Hernandez: -- I've had the opportunity to hear basically both sides, and I know that -- Commissioner Spence -Jones: OK, Pete. OK Let me -- Mr. Hernandez: -- it's somewhere in between. Commissioner Spence -Jones: -- tell you what I need -- well, let me tell you, Mr. Manager, what I need you to do for me --for the Commission, if you don't mind. This Commission directs the City Manager to bring forth a revised Police Department policy by the first Commission meeting in July, pertaining to the association and manner whatsoever with known offenders -- this is the area in the policy that I'm talking about -- known criminals, prostitutes, or persons of ill repute, so that it does not infringe upon intimate human relationships, and that such policy and guidelines be predicated on the fact that such association must enhance or contribute to criminal activity, and that as this policy is developed, that the City Manager work with the FOP in doing that. That's the area that I need for you to focus on because that's the area that's affecting the individuals on -- at the Police Department. Chairman Gonzalez: All right. We have a -- Mr. Hernandez: Commissioner, and I do -- Chairman Gonzalez: -- resolution. Is there a second? Mr. Hernandez: -- agree. Chairman Gonzalez: Is there a second to the resolution? City ofMiami Page 19 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&� dm,. pabk heahng Commissioner Regalado: I second for discussion. n.�onba ,ffl, tlnelines.dfMh in tha City& Mlani CWe. The apphwhle tleci—n-nahing bWy will rewewthe inbrn ,at the pabk hearing to rentlere recommendation or a final d-in., Chairman Gonzalez: We have a resolution. We have a second. Discussion. PZ-20-6058 Regalado, you're recognized. 09/19/22 s Commissioner Regalado: Thank you very much. Is this about access to wekr apons? Mr. Hernandez: I think it's much more than that. Commissioner Regalado: Well, if it's more than that, then we should have the same policy for Zoning inspectors, for Building inspectors -- Applause. Commissioner Regalado: --for Code Enforcement inspector because you know what? Anybody can get contaminated, and imagine a Zoning inspector being contaminated by a person of ill repute. A building will fall down, so this is about weapons, access to weapons, I guess, because ethics and honesty cannot be only apply to the Police Department. Granted, police are judge above other categories, right? Mr. Hernandez: Definitely. Commissioner Regalado: As -- how about us? Commissioner Spence -Jones: Yes. Commissioner Regalado: How 'bout us? Commissioner Spence -Jones: Yep. Commissioner Regalado: Should an elected official have any -- should the Chief of Police have any problem in this -- with this policy? See, the problem is that we are not trusting our police officers. I believe in the members of the police force that we have in Miami for one reason. For several years, they have been without a contract, knowing that they might not get what they deserve; working 16 hours everyday; trying to make some money working off -duty on a Winn -Dixie or in American Airlines Arena, and yet, they remain, so these are good people, so by saying you cannot associate with this or you cannot have your husband or wife or son or daughter, who has had a problem, you are questioning the honesty and the professionalism of the Police Department, so I guess that this is only about access to weapon because no Code Enforcement inspector have weapons or we don't have weapons, as an elected officials. I think that -- Mr. Manager, I second the motion. Vice Chairman Sanchez: It's already been second. Commissioner Regalado: Yeah, I second the motion for discussion. I would tell you that the City Commission has the authority to immediately revoke thatpolicy. The City Commission, as a body, has that authority. We may not have the authority to reinstate a firing of afire --police officer, but we do have the authority, in policy, like the Congress, set policy to terminate the policy immediately, so I just want to understand why is that policy necessary to protect the integrity of the Police Department if we know that we have good cops? I mean, very rarely, rarely we see that a cop of the City of Miami has been arrested for some criminal issues. The ratio, I assure you, is smaller than any other municipality. Hollywood just arrested three and six more are under investigation for crime syndicate -related issues, and so and so and so and so, so I just want to understand why it's so important to have this. Is it about ethics? Is it about safety? Is it about honesty? I just want to understand, Mr. Manager. City ofMiami Page 20 Printed on 611112007 City Commission Meeting Minutes Commissioner Spence -Jones: Chief, can you speak to that? Deputy Chief Frank Fernandez (Police): I can, yes. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Mr. Hernandez: If -- allow me before you go ahead. Commissioners, whether we like-TINAULW Police is a parliamentary organization, period, and I think that all throughout the US (United States), and maybe throughout the world, they are held to a much higher standard of integrity and character, and even though I have high expectations on ethics on every City employee, if we ask our residents in the City, believe me, they expect higher integrity without reproach from a police officer, even beyond a Code Enforcement officer. Let's ask the residents. I think that they'll support that. There is no question, and maybe there's -- Commissioner Regalado: Well, elected officials -- Mr. Hernandez: -- a misunderstanding here as to how -- Commissioner Regalado: Mr. Manager. Mr. Hernandez: -- Police has been applying this, but I think that it hasn't been as selective, as arbitrary as some people think, even though -- Commissioner Spence -Jones: Mr. Manager. Mr. Hernandez: -- personally, my opinion is that the guidelines and the policy in the -- Commissioner Spence -Jones: There's no -- Mr. Hernandez: -- development [sic] order -- Commissioner Spence -Jones: -- guidelines; that's the problem. Mr. Hernandez: -- they have -- well, they have to be improved. That order that they have -- Commissioner Spence -Jones: They don't have to be improved; they don't exist -- Mr. Hernandez: -- and that has been my opinion even -- Commissioner Spence -Jones: -- so how can -- Mr. Hernandez: --publicly. Commissioner Spence -Jones: -- but how can we determine for one individual, or two individual [sic], or three individuals that something is wrong and we don't have any guidelines to interpret that? Mr. Hernandez: Well, maybe the guidelines -- Commissioner Spence -Jones: And yet and still -- Mr. Hernandez: -- haven't been -- Commissioner Spence -Jones: --for -- and we knowingly know -- Mr. Hernandez: Right. City ofMiami Page 21 Printed on 611112007 City Commission Meeting Minutes Commissioner Spence -Jones: -- that there's other people in the same t same issues, and those guidelines -- or those so-called makeup believe adhered to -- Mr. Hernandez: Well, I think that the -- Commissioner Spence -Jones: -- so -- 1�J L11Y'f]F� NOTICE rni..obmidal needs to be.Iha&ied mr a pabk heahng In — d—wM1h hmellne. set forth in the City of Mlami Code. The appliwd, decision-rnaXing body will renew the information at the pabtic hearing to rend,, e —mendabon or a final decid,, PZ-20-6058 / \\ 09/19/22 /f Mr. Hernandez: -- have been consistent on how they apply it, except that the factors that they use haven't been, let's say, publicized, but I -- knowing them internally, I know what they have done, but maybe the Deputy Chief can talk about how important it is for -- Commissioner Regalado: But -- Mr. Hernandez: --police -- Commissioner Regalado: -- Mr. Manager, my point is that residents do demand a higher standards from the elected officials than of the Police Department, so Tin just saying, should that policy be extended throughout the City in every department because, you know, after all, every employee -- I mean, the Code -- the Ethics Commission just fined an elected official of the City of Miami, the Mayor, and they did an investigation, so we are hold to the highest level as an elected official, and so I just want to understand. I guess it's about weapons. Chairman Gonzalez: All right. Could we have someone explain to the Commissioner why and if it is about weapons or about personalities, or whatever it is? Deputy Chief Fernandez: Absolutely. If I may --first of all, Frank Fernandez, deputy chief, Miami Police Department, here on behalf of Chief Timoney. First and foremost, Commissioner, I agree with you, the integrity of the Police Department is the primary function, the primary issue in the rationale why this policy exists. Although I empathize with everyone that's involved in this issue, I also understand the reason and the rationale behind the policy. Now I've got to tell you, we did not go after these investigations. We don't probe into people's intimate relationships. These were complaints that came to us through Internal Affairs through a boyfriend/girl(riend, husband/ex-wife, things of that nature. We followed the investigations, which led us to this conclusion -- Commissioner Spence -Jones: Dep -- Deputy Chief Fernandez: -- and ifI may -- Commissioner Spence -Jones: Yeah. Deputy Chief Fernandez: Yes, ma'am. Commissioner Spence -Jones: I'm going to let you finish, but I want to tell you that I know that that's not true because there's somebody that's on your force, period, right now, that after we had our meeting, all of us in a closed meeting trying to resolve this issue with the NAACP, the Mayor and yourself, clearly, people made complaints on a particular individual in the Chiefs office, and it never got resolved -- Deputy Chief Fernandez: Commissioner, I -- Commissioner Spence -Jones: -- so I just don't -- City ofMiami Page 22 Printed on 611112007 City Commission Meeting Minutes Deputy Chief Fernandez: -- don't know that one. Commissioner Spence -Jones: -- I mean, I think that it's really important that about what you say. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / 09/19/22 /f Deputy Chief Fernandez: Well, Commissioner, I'm going on the facts that I have befog be more than happy to follow up with those particular situation, butt am notfamiliar with that situation, but if you would allow me to explain it, I'd be more than happy to explain the rationale and our application of it. What I can tell you is that, Commissioner, that standard you're asking for across-the-board, it's fat across-the-board to inspectors and elected officials and everyone else, is not supported in general by the appellate courts in the rulings that they've held, and this has come to me through the Attorney's Office -- through the City Attorney in the research that we've done. Now what is supported by the Eleventh Circuit Court is law enforcement. Law enforcement has a special provision on it that you must --you know, that they allow us to have an infringement on those intimate relationships that are protected by our first amendment. Now it's therefor a reason. Before we applied this rule across-the-board, I went out -- I had my staff go out to find out exactly how it was being applied. It was something new. We hadn't come across it before, and I got to tell you, it's across-the-board. Every department in the US probably has one problem or another relating to this. Every department that we found that we were able to research had a policy very similar to ours, and there is appellate court ruling that supports this type ofpolicy, and the rationale behind it, exactly what you said, Commissioner, is to protect the integrity of the police department. What I will tell you, in the application that I have seen, the basis for the application is knowingly engaging in an intimate relationship or encounter with a known felon, or convicted felon, or someone of ill repute; prostitutes and things of that nature, and in the process of doing that, when it comes to our attention, we do bring the employee in to Internal Affairs and say, Officer `X", you have been -- a complaint came to us. It has come to our attention that you are associating with a convicted felon, and it is a violation of this policy. That employee is then given reasonable amount of time --and I could tell you, at some point, it's at eight, nine, six months in different cases -- reasonable, very -- an extended amount of time to resolve that problem. In no way, shape, or form is this policy intended to separate families. In no way, shape, or form is it intended to infringe on anyone's First Amendment right, and we're very, very clear on that. We're very careful in how we proceed forward with that issue, but what I can say is that the law is -- Commissioner Spence -Jones: The -- Deputy Chief Fernandez: -- very clear. Commissioner Spence -Jones: -- question, though, what are the guidelines? That was the question. You didn't answer the question. Deputy Chief Fernandez: Well, Commissioner, I'm trying to explain the rationale, and I'll be more than -- Commissioner Spence -Jones: I just want -- what are the ques -- what are the guidelines? You still have not answered the question on -- Deputy Chief Fernandez: Well -- Commissioner Spence -Jones: -- how do you determine -- what are the guidelines that says this individual should be terminated? Deputy Chief Fernandez: The guidelines are -- Commissioner Spence -Jones: Should not be on the job because they're associated with a -- or City ofMiami Page 23 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE rni..obmidal needs m te.Ide&� d mr. pabk dear,ng live, or love, or married to, or their kid went to -- whatever. What is the gut n.�°'dan�w t—in.s df.db in tha City& Mi,ml Code. The appUud, decision-rnaXing bWywil % % reNewthe inbrmati Gffion, pbk eecdonc render determines that. Somebody calling to report it in. I just told you not even �pmmen that's not true because we just had our group meeting, and we communicated PZ-20-6058 even in that meeting with NAACP, they called several times to say that they kne 09/19/22 person, and nothing has been addressed. Nothing. Deputy Chief Fernandez: Commissioner, I will personally follow up with that immediately. I'm not sure what you're referring to, but I will follow up that immediately. I'll check with your staff, but on this case here, the guidelines to follow, number one is, did they knowingly engage in that relationship, one. Commissioner Spence -Jones: What case are you talking about? I'm not talking about a case. Deputy Chief Fernandez: I'm talking about in general, ma'am. Commissioner Spence -Jones: You said case. I was saying what is the guideline. I didn't say anything about a case. Deputy Chief Fernandez: OK I'll explain the guidelines. The guidelines are did they knowingly engage in that relationship knowing the person was a convicted felon. Clearly, the federal law and the appellate court ruling support the fact that if there's a blood relationship, brother/sister or husband and wife -- Commissioner Spence -Jones: So what is the -- Deputy Chief Fernandez: -- a marriage -- Commissioner Spence -Jones: -- so Chief -- Deputy Chief Fernandez: -- then -- Commissioner Spence -Jones: --what is the guideline if you're a police officer and your husband gets --or your wife gets in trouble, or she gets arrested, or if she becomes a felon? What happens to you then? Deputy Chief Fernandez: What happens then? The rationale behind the application is that, first and foremost, did that employee knowingly engage in that association. Commissioner Spence -Jones: No. That's not what I asked. Deputy Chief Fernandez: If it happened after the fact -- Commissioner Spence -Jones: Yes -- Deputy Chief Fernandez: -- the appellate courts do not support that. Do not -- Commissioner Spence -Jones: -- so -- Deputy Chief Fernandez: -- support it. I'm going based on what's been relayed to me through our legal advice. Commissioner Spence -Jones: -- I just want to be clear, so ifI'm married and my husband gets arrested and he's convicted of a felony -- Deputy Chief Fernandez: Right. City ofMiami Page 24 Printed on 611112007 City Commission Meeting Minutes Commissioner Spence -Jones: -- are you saying that then I'm protected at was already married to him? Deputy Chief Fernandez: That's correct, and -- Commissioner Spence -Jones: OK Where's that -- Deputy Chief Fernandez: -- the rationale being -- Commissioner Spence -Jones: -- written? Where's that in the guidelines? 1�J L11Y'f]F� NOTICE rni..obninal needs m t Ihe&ied m,. pabk heeling In — d—wM1h tlmellne. set f,& in the City of Mlami Cede. The appliwd, decision- naXing body will rewewthe inbrmativn at the pabec hearing to n:nder a i- endkon or a final decison. PZ-20-6058 / \\ 09/19/22 /f Deputy Chief Fernandez: I'm saying that that's how it's applied. The departmental -- Commissioner Spence -Jones: Mr. City Attorney, is that in the guidelines? Jorge L. Fernandez (City Attorney): I have not seen that in writing. We have been meeting with the Police Department. We have been working on the development of those types of criteria -- Commissioner Spence -Jones: But working on the development and people are not working and taking care of their families because ofpeople deciding to make a decision on an issue that we have no guidelines on while people are trying to take care of their families, and clearly, there -- I'm not getting it. Chairman Gonzalez: All right. Let me tell you. We're going in -- going around in circles, and I don't think we're achieving anything. The point is put out there very loud and clear. I believe that the Manager, the Deputy Chief of Police, the City Attorney, everybody knows -- Vice Chairman Sanchez: Should sit down -- Chairman Gonzalez: -- our concern and our sentiment, and I think that we need to start working on that, on solving that situation ASAP (As Soon As Possible), you know, yesterday, and we need to come back with a solution to this problem as the Commissioner requested -- Commissioner Sarnoff: Mr. Chairman -- Chairman Gonzalez: -- by July, OK? Commissioner Sarnoff: -- could I just make a comment? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff: Interestingly enough, I actually did my thesis paper in law school on association, so I have some knowledge of this. Maybe what the City Attorney wants to do -- I know New York City has a guideline that's established and well documented; San Francisco Police Department equally does, as does Philadelphia Police Department. I have a friendly amendment to your resolution that may help you. I happen to think the way the policy is written is vague, and vagueness is always a problem constitutionally, so let me just read to you what I think it should say, just for purposes of today. I think you're going to need to bring this back, and I do encourage you to have a public hearing on this, but let me just say this. The -- it should read "association in any manner whatsoever with convicted felons, " not known offenders, not known criminals, notprostitutes orpersons of ill repute because those terms are not well defined terms in our criminal justice system, so let me read it again: In association with any manner whatsoever with convicted felons so that it does not infringe upon intimate human relationships, and that such policy and guidelines be predicated upon the fact that such association must City ofMiami Page 25 Printed on 611112007 City Commission Meeting Minutes enhance or contribute to criminal activity, and that thatpolicy is developer Manager work with FOP to refine the standards so as not to infringe upon constitutional rights. " Vice Chairman Sanchez: Would --? Chairman Gonzalez: All right. Do you accept --? Commissioner Sarnoff: That's the friendly amendment I would offer to you. Vice Chairman Sanchez: Could you add one paragraph -- Commissioner Sarnoff: Sure. 1�J L11Y'f]F� NOTICE rni..�bnin.[ needs m t Ih.&dm,. pabk he.hng in.c d, wM1h tine. setforth in the City& Mlami Cv The appU.Ud decision -making bWyw I reWewthe inlvrmativn at the pabec hearing to n:nd � ener e dk., n,. find[ demon. PZ-20-6058 / \\ 09/19/22 /f Vice Chairman Sanchez: -- to that? `If such association in any way enhances or contribute in any criminal activity. " `If such association in any way enhances or contributes in any criminal activity; "just gives it more of a teeth, which I think we all agree that the -- we need to rewrite it, but it's just a friendly amendment to it; gives it more -- Why don't you read it, and then we'll vote on it? Commissioner Sarnoff: Yeah. Tm just trying to -- I think it -- let me get my glasses on. I'll do better. Deputy Chief Fernandez: Mr. Chairman, ifI may. We do have a draft of a -- Commissioner Sarnoff: It was -- Deputy Chief Fernandez: --policy -- Commissioner Sarnoff: --in there, Commissioner. Deputy Chief Fernandez: -- that indicates both. Commissioner Sarnoff: Commissioner, let me just read you the section that was pertaining to that and ask if this satisfies you. "That such association must enhance or contribute to criminal activity." That was already in there, so I'll read it one more time, and here it is. `Associating in any manner whatsoever with convicted felons so that it does not infringe upon intimate human relationships and that such policy and guidelines be predicated upon the fact that such relationships must enhance or contribute to criminal activity -- Vice Chairman Sanchez: OK. Commissioner Sarnoff: -- and that such policy is developed that the City Manager work with FOP to refine the standards so as not to infringe upon the police officers' constitutional rights. " Chairman Gonzalez: All right. Applause. Chairman Gonzalez: All right. Now we already pass the resolution. Now we need to -- Commissioner Spence -Jones: -- Do I have to --? Chairman Gonzalez: -- reconsider -- City ofMiami Page 26 Printed on 611112007 City Commission Meeting Minutes Vice Chairman Sanchez: No. That's it. Chairman Gonzalez: -- that resolution, right? N Pamela E. Burns (Assistant City Clerk): We only have a mover and a seconder. passed the -- Chairman Gonzalez: OK, so -- Ms. Burns: -- resolution. Chairman Gonzalez: -- the seconder of that resolution -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City & Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ,, nna final de W,,. PZ-20-6058 / \\ 09/19/22 /f Commissioner Regalado: I second it for discussion, and I accept all the amendment -- Chairman Gonzalez: OK, very good. Commissioner Regalado: -- but I have a question. Here's the question to the -- Chairman Gonzalez: Tomas -- Commissioner Regalado: -- Manager. Chairman Gonzalez: -- don't keep beating a dead horse. Commissioner Regalado: No, no, no, no, no, no, no. Chairman Gonzalez: You already beat him a lot. Commissioner Regalado: This is about other issue related to this one. This is not a dead horse. If the Manager revisits the policy and change the policy, with the support of the Chief, and the City Attorney, and FOP, is because they all consider the policy was not right; needs to be reform, so what happen to anybody who was fire during the period that that policy was apply -- Chairman Gonzalez: That -- I -- Commissioner Regalado: --with the standards that now you say --and you will comeback and say they're wrong? Chairman Gonzalez: I guess that person will have to file suit because we don't have the power to tell the -- Commissioner Regalado: But the Manager does. Chairman Gonzalez: -- Manager to re -- to bring back -- Commissioner Regalado: No. Chairman Gonzalez: -- a person that has been fired. Commissioner Regalado: I'm not telling the Manager. I'm asking the Manager whether or not he will revisit that case. Chairman Gonzalez: Mr. Manager. City ofMiami Page 27 Printed on 611112007 City Commission Meeting Minutes Mr. Hernandez: Mr. Chairman, Commissioners, I do have, I believe, the overturn decisions by prior managers that were made on this subject. Commissioner Spence -Jones: And Mr. City Attorney, I think we asked for those items. Chairman Gonzalez: That answer the question. Commissioner Spence -Jones: OK, thank you. Can you just --? Commissioner Regalado: OK That answer the question. We go vote. 1�J L11Y'f]F� NOTICE rni..obmidal needs m Ihedeied m, a pbk heeling In arcortlana wtth fi—i ne..et iodh in the City & Mlami CWe. The apptiwde decision -making bWywil rewewthe inbrmation at the pubc hearing to n:nder e nxommenda ., nr a final d-in., PZ-20-6058 / 09/19/22 /f Mr. Fernandez: Yes. The City Manager has summarized the legal opinion that I have given him with regard to the authority that he has vis-a-vis personnel action, and Commissioner Regalado is correct. This Commission cannot make specific personnel decisions. Commissioner Spence -Jones: Right. Mr. Fernandez: You're limited to policy, as you have done tonight. Commissioner Spence -Jones: Right. Mr. Fernandez: When it comes to specific cases ofpersonnel action, that's a sole province of the City Manager. Commissioner Regalado: OK Chairman Gonzalez: All right -- Vice Chairman Sanchez: Call the question. Chairman Gonzalez: -- so -- Vice Chairman Sanchez: Call the question. Chairman Gonzalez: -- we have a resolution, amended resolution. We have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. [Later...] Commissioner Spence -Jones: Mr. Chairman, I just want to ask real fast, before I leave to get on the road, am I clear that I'm going to have this back in the beginning of the -- in July, right, my item? Mr. Hernandez: Beginning of July, yes. Commissioner Spence -Jones: OK, to bring back, and we are going to have a public hearing -- we're going to allow for this to be on the public hearing, too, correct? Mr. Fernandez: Yes. City ofMiami Page 28 Printed on 611112007 City Commission Meeting Minutes Mr. Hernandez: I understand it'll come back as a public hearing item. I Commissioner Spence -Jones: So both items, I would like the public hearing public hearing and also to have the policy itself for the first meeting in July. Mr. Hernandez: Well, in essence, it could be one item. Jorge -- Commissioner Spence -Jones: No, but -- Mr. Hernandez: -- could it be? Commissioner Spence -Jones: -- right, but we want to have -- Mr. Fernandez: Yes. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,, nxom da ., nn a final d-in., PZ-20-6058 / 09/19/22 /f Commissioner Spence -Jones: --two separate --I want to have public hearing separately on a PA (Public Appearance) appearance, but I also would like for you to bring the item back separately, first meeting in July, the new policy. City ofMiami Page 29 Printed on 611112007 411Y Fa, . v.0 niav City Commission Meeting Minutes NOTICE rni. eobmittal needs m _ `h.&-d m� a Pabk deanng in a�o�aan� wen umennes se<tonn m me Citym M.Code. The appdwde decision -ma i,g body will PUBLIC HEARING wew nemb oration aline padac Aearinglc naera nxommentlafion or a final eecid., PZ-20-6058 PH.1 07-00628 RESOLUTION 09/19/22 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- ' Police (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF ELECTRONIC SOFTWARE (INCLUDING TRAINING AND A ONE-YEAR MAINTENANCE AGREEMENT), TO OPERATE THE CELLULAR TRACKING SURVEILLANCE EQUIPMENT, EQUIPPED WITH TWO ELECTRONIC DEVICES KNOWN AS THE STING -RAY 4-CH AND KINGFISH 1-CH, FROM HARRIS GOVERNMENT COMMUNICATIONS SYSTEMS DIVISION WIRELESS PRODUCTS GROUP, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $75,800; ALLOCATING FUNDS FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANT GRANT, PROJECT NO. 19-190001, ACCOUNT CODE NO. 12000.191602.664000.0000. 07-00628 Legislation.pdf 07-00628 Summary Form .pdf 07-00628 Attachment.pdf 07-00628 Memo.pdf 07-00628 Memo 2.pdf 07-00628 Memo 3.pdf 07-00628 Memo 4.pdf 07-00628 Notice Of Public Hearing.pdf 07-00628 Package Pricing.pdf 07-00628 Letter.pdf 07-00628 Letter 2.pdf 07-00628 Product Description.pdf 07-00628 Pre-Legislation.pdf 07-00628 Product Description 2.pdf 07-00628 Notice Of Intended Decision.pdf 07-00628 Summary Fact Sheet.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0287 Chairman Gonzalez: OK. PH.]. Anyone from the Administration on PH.]? Deputy Chief Frank Fernandez: Good morning, Commissioners. Frank Fernandez, deputy chief, Miami Police Department. This is a resolution authorizing the Administration to purchase a String -Ray Kingftsh equipment for surveillance purposes and investigations. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Is there a motion on the item? City ofMiami Page 30 Printed on 611112007 City Commission Meeting Minutes Vice Chairman Sanchez: So moved. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And there is a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Vice Chairman Sanchez: It's a four fifth vote. 1�J L11Y'f]F� NOTICE rni..obnidal needs m—Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City & Mlani CWe. The appdwdle decision-nahing bWy will renew the inbrn ,at the pabec hearing to rend,, nxo —da ., nn a final d-id., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: It's a four fifth vote, yeah. Everybody say "aye. " Any opposition? Vice Chairman Sanchez: No. Chairman Gonzalez: OK, no nos. City ofMiami Page 31 Printed on 611112007 411Y Fa, . v.0 niav City Commission Meeting Minutes NOTICE rni. eonmittal needs m a�dea�i�.e m� a Paden dea�,ng in a� nd—wen umennes se< mnn in me Citym Mlaml Code. The aPPU-de decision-m k ng bony will nxommenndt o afinalee ngt RESOLUTION rewew ne nm mason al the PabecI ding lc rends, a PZ-20-6058 RE.1 07-00405 RESOLUTION 091,9122 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ' Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND GROVITES UNITED TO SURVIVE, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("LESSOR"), FOR THE USE OF APPROXIMATELY 3,197 SQUARE FEET OF SPACE OF THE PROPERTY LOCATED AT 3686 GRAND AVENUE, MIAMI, FLORIDA, AS A RECREATIONAL FACILITY, TO PROVIDE FOR THE FOLLOWING: 1) A TWO-YEAR TERM COMMENCING RETROACTIVE TO OCTOBER 1, 2006, WITH AN OPTION TO EXTEND FOR ONE ADDITIONAL ONE-YEAR TERM SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; 2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, AT A RATE OF $6.20, PER SQUARE FOOT, OR $1,650, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEAR TO BE ADJUSTED BASED ON INCREASES IN THE CONSUMER PRICE INDEX, BUT SHALL NOT EXCEED FIVE PERCENT (5%); 3) LESSOR TO PROVIDE SIX (6) RESERVED PARKING SPACES FOR LESSEE; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 12500.191602.544000.0000.00000, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-00405 Legislation .pdf 07-00405 Exhibit .pdf 07-00405 Summary Form.pdf 07-00405 Rent Comparables.pdf 07-00405 Summary Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0288 Chairman Gonzalez: RE.]. Laura Billberry (Director): Lori Billberry, Public Facilities. This is a new lease agreement with Grovites United to Survive. It would be for initially a two-year term, retroactive to October 1, '06, with a one-year additional option period. We'd be paying 6.20 a square foot, and this is significantly less than the market value, and will be used in connection with the PAL (Police Athletic League) program. Previously, this item was deferred as a request was made regarding some -- a loan that was made to GUTS (Grovites United to Survive) previously, and as I understand it, they have agreed to repay those monies in the next 120 days. Chairman Gonzalez: All right. Is there a motion on RE. 1 ? Commissioner Sarnoff: I'll make a motion to approve it. Vice Chairman Sanchez: Second. City ofMiami Page 32 Printed on 611112007 City Commission Meeting Minutes Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will rewewthe inlorn ,at the pabec hearing to rend,,e recommendation nn a final d-in., PZ-20-6058 / �\ 09/19/22 /f City ofMiami Page 33 Printed on 611112007 City Commission 2:00 P.M. Meeting Minutes EXECUTIVE SESSION ES.1 07-00646A EXECUTIVE SESSION 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e -mends ., nr a final decin., PZ-20-6058 / \\ 09/19/22 /f Office of the City UNDER F. S. 286.011(8) [2004], THE PERSON CHAIRING THE CITY OF Attorney MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE MEETING IS CONVENED THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSE OF DISCUSSING PENDING LITIGATION: JERRY FRANK TOWNSEND VS. CITY OF MIAMI, ETC., ET AL., CASE NO. 03-21072-CIV-JORDAN/BROWN, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA. THE CLOSED -DOOR SESSION WILL BEGIN AT APPROXIMATELY 2:00 P.M. AND CONCLUDE AT APPROXIMATELY 2:45 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, TOMAS REGALADO, ANGEL GONZALEZ, JOE SANCHEZ, MARC SARNOFF, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JORGE L. FERNANDEZ; DEPUTY CITY ATTORNEY, JULIE O. BRU AND ASSISTANT CITY ATTORNEY, WARREN BITTNER. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPTS WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 07-00646A Cover Memo.pdf 07-00646A Notice To The Public.pdf DISCUSSED Chairman Gonzalez: Before breaking to lunch, Mr. City Attorney, that shade meeting that has been announced, we can have that any time after 2 o'clock, right? Jorge L. Fernandez (City Attorney): Yes, you certainly can. Chairman Gonzalez: OK. You won't be here at 2 o'clock for the shade meeting, but if we have it later, then you can participate in the -- OK. Commissioner Sarnoff: Right. Chairman Gonzalez: Great. That's taken care of. [Later...] Chairman Gonzalez: Mr. City Attorney, I've been suggested that why don't we -- why don't you meet with each individual Commissioner in reference to the item that you have at the shade meeting? I know that you have been having -- Mr. Fernandez: The -- Chairman Gonzalez: -- some attorneys waiting all day long. City ofMiami Page 34 Printed on 611112007 City Commission Meeting Minutes Mr. Fernandez: Well, it's not the issue of having attorneys wait. It's the - when we have a pending offer to settle a case, a case of this magnitude, way of doing it -- I lack authority to either accept or reject -- Chairman Gonzalez: All right. Mr. Fernandez: -- that offer. 1�J L11Y'f]F� NOTICE Thi. sobnidal needs m te..�hed�iee m, a p�bk heahng In .—d anted, tl—lines set iodh in the City of Mlami Code. The appliu de decision -making body will re_e 'inform ' at the pubic hearing to renl,, e rnendad.' nr a final eeciaon. PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: All right, all right. Before I hear a legal argument of a half an hour -- Mr. Fernandez: It's -- Chairman Gonzalez: -- let's move to the -- Where do you want to hold the meeting? Mr. Fernandez: Yes, and let me just make sure -- Chairman Gonzalez: You want to do it in my office? Mr. Fernandez: Exactly. We will be going to the City Manager's conference room upstairs. That's where -- Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: Why don't we do it in my office next door? Mr. Fernandez: City Manager's conference room, please. We've set up a little PowerPoint presentation. You need the exercise, you know. You've been sitting -- Chairman Gonzalez: All right. Mr. Fernandez: -- down for a long time. [Later...] Chairman Gonzalez: All right. This meeting -- Mr. Fernandez: Yes. Chairman Gonzalez: -- stand in recess. We are going to move into a -- Mr. Fernandez.: City Manager's -- Chairman Gonzalez: -- special -- Mr. Fernandez: -- conference room on the second floor, for purposes of conducting a closed -to -the -public session in the Jerry Frank Townsend versus City of Miami case. This meeting --and I need to read this into the record. The session will be attended by members of the City Commission, Commissioner Regalado, Gonzalez, Sanchez, Sarnoff, and Spence -Jones, the City Manager, the City Attorney, and my deputy, Ms. Bru, and assistant, Mr. Bittner. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the above -cited ongoing litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened here in chambers, and the Chairman will then announce the termination of the attorney -client session. Let's proceed now to the City Manager's conference room. City ofMiami Page 35 Printed on 611112007 City Commission Meeting Minutes [Later...] Chairman Gonzalez: All right. We're ready to reconvene the meeting after h2 session shade meeting with the City Attorney and Commissioners and the City Mr. Fernandez: Right. 1�J L11Y'f]F� NOTICE rni..obnidal needs m—Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City & Mlani CWe. The appdwdle decision-nahing bWy will rewewthe inbrn ,at the pabec hearing to rentlene recommendation nn a final decison. PZ-20-6058 / 09/19/22 /f City ofMiami Page 36 Printed on 611112007 City Commission Meeting Minutes PART B 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e mends ., nr a final d-in., PZ-20-6058 Chairman Gonzalez: I believe that concludes the regular agenda, doesn't it? Nj9/19/22 Commissioner Spence -Jones: Yep. Commissioner Sarnoff: Yes. Commissioner Spence -Jones: Yes. Chairman Gonzalez: Because ES.1 is a shade meeting, so now we're going to go into Planning and Zoning agenda. Mr. City Attorney, would you read the procedure for the Planning and Zoning portion of this meeting, please? Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, members of the public. The following process will be observed during all of the P&Z (Planning & Zoning) items. Before the P&Z agenda is heard, all those wishing to speak will be sworn in by the City Clerk. She will momentarily be administering the oath. First, on each item, staff will describe the request, whether it's an appeal, a special exception, a vacation, a text amendment, zoning change, land use change, or MUSP (Major Use Special Permit), and make its recommendation. Immediately after staff concludes, then either the appellant or the petitioner, according to the nature of the item, will present their position or their request. If there -- if it's an appeal, then the appellee will be able to respond. If it isn't, if it's just a regular application, then it immediately becomes open to members of the public, who will be permitted to speak on all of those items. Questions may be asked of any presenter, but the way the Chair, the way the Commission conducts itself is that all questions must be addressed through the Chair. The Chair will set a time limit for the presentation of the applicant or the appellant, as well as would set limitation on the time that members of the public may comment on each issue, and then at the conclu -- after all the public input is received, the appellant or the petitioner will be permitted to have final comments or rebuttal. At that point in time, the public input portion of the public hearing will be closed. The Commission will take the item to themselves. They will debate it, discuss it, and you know, perhaps make a motion and vote it up or down. That is the process that you typically follow, Mr. Chairman. Chairman Gonzalez: Thank you, and being consistent with the policy that the Chair has adopted on running the Planning and Zoning meetings, each item represented by attorneys, each attorney will have equal amount of time for their presentations. General public will be allowed two minutes on the items so that -- that they're here for, so once again, attorneys representing items will have equal amount of time; the presenter will take whatever time they need, then the other attorney will have exactly the same amount of time as the presenter, and the general public, once again, two minutes per speaker, and with that, Madam City Clerk, will you please swear in the persons that are going to testify on the items? Pamela E. Burns (Assistant City Clerk): For those of you who plan to provide testimony today, would you please stand and raise your right hand? The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Chairman Gonzalez: All right. Thank you very much. You may be seated. [Later...] City ofMiami Page 37 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: We are ready to go. Madam City Attorney, will you be followed during the Planning and Zoning agenda? 1�J L11Y'f]F� NOTICE Thi..o bmidal needs m —hedeied m,. pabk heeling In ar—tlance wd,'—line..et iodh in the City & Mlaml Cotle. The appi,ud, dsl.ion-maXing body will rewewthe information at the ""' hearing" renl,, a recommendation or a final D-id., PZ-20-6058 Maria J. Chiaro (Assistant City Attorney): PZ (Planning & Zoning) items sha 09/19/22 follows. Before the PZ agenda is heard, all those wishing to speak will be sworn Clerk. Staff will describe the request, whether an appeal, special exception, vacation, . amendment, zoning change, land use change, or MUSP (Major Use Special Permit), then make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions ofstaff- appellant or petitioner will be permitted to make final comments. Chairman Gonzalez: All right. Madam City Clerk, will you please swear in the people that are going to testify on this item? Pamela E. Burns (Assistant City Clerk): For those of you who are present today and was not sworn in earlier this morning, would you please stand and raise your right hand, please? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Please be seated. Chairman Gonzalez: All right. I'm told that most of the people that are here now are here for PZ.18, so let's take PZ -- yes. Felice Dubin: (INAUDIBLE) most of the people who were going to speak -- Ms. Burns: Excuse me. We -- Ms. Dubin: -- are not here -- Chairman Gonzalez: Well -- Ms. Dubin: -- because it was supposed to be at S o'clock. Chairman Gonzalez: No, no, no, no, no. Ms. Burns: Your -- Chairman Gonzalez: No, no, no, no, no. Let me correct you on that. Nothing was supposed to be at S o'clock. When announce that this item was coming up today, we didn't have it a time certain. It was not a time certain item, so maybe you imagine that it was at S o'clock because that was what it was convenient to you, but not necessarily what this City Commission decided to do. Ms. Dubin: May I ask, is this the last item on your agenda? Chairman Gonzalez: It is the last item on the agenda, but I can take the -- I can change the items around. We have -- we still have about 13 items to be discussed today. Ms. Dubin: So is it possible -- Chairman Gonzalez: We have blue -- City ofMiami Page 38 Printed on 611112007 City Commission Meeting Minutes Ms. Dubin: -- to -- Chairman Gonzalez: -- would you allow me -- Ms. Dubin: -- move it to 5 o'clock so that -- Chairman Gonzalez: -- to finish? Ms. Dubin: Yes, please. 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dmn. pabk heeling In—nd, wM1h tlmellne. set f,& in the City of Mlaml CWe. The appdwdle decision- naXing body will renew the information at the pabec hearing to rend,, e recommendation on a final d-id., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: We have 13 items to take this afternoon. We also have blue pages from the Commissioners, and we have pocket items, and some of the blue pages that the Commissioner have are very, very sensitive, and a couple of them are very important items to be taken today, so Ms. Dubin: May I speak? Chairman Gonzalez: Yes. Go ahead. Ms. Dubin: May I formally request that perhaps you see some other -- you hear some other items first so that it allows people who have at least been watching Channel 77 and know that this item is going to come soon have a chance to get in their cars and come here? Chairman Gonzalez: OK. I'm going to give you an hour. Ms. Dubin: Thank you very much. Gilberto Pastoriza: Mr. Chairman. Ms. Burns: We -- excuse me. We need your name for the record, please. Ms. Dubin: Felice Dubin, 2645 South Bayshore Drive, Coconut Grove, Florida. Mr. Pastoriza: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Pastoriza: Gil Pastoriza, 2525 Ponce De Leon. Mr. Chairman, we have here a number of people that are in favor of this application, and by the same reasoning that they're not people here that are against this application, I am afraid that if we delayed this application, I may lose some of the supporters that are here today. Chairman Gonzalez: Well, if this is -- one hour isn't going to kill anybody, is it? Mr. Pastoriza: OK, Mr. Chairman. Thank you. Chairman Gonzalez: You see. That's the problem. That's the problem why I try to set the agenda and I try to drive the agenda in one direction, because if I try to please everyone, then I - - you know who's the one that is going to be able to -- Commissioner Sarnoff: Nobody gets pleased. Chairman Gonzalez: Exactly, so now you know what I'm talking about -- Commissioner Sarnoff: We got one hour. Let's do what we could do in one hour. City ofMiami Page 39 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: -- so let's do what we can do in one hour. Let's take, that PZ.6 and PZ.7, they were not controversial the last time that we heard on PZ.5. I'm taking PZ. 6 and PZ.7. Please have a seat and wait -- Ms. Adrienne Pardo: Thank you. Chairman Gonzalez: -- wait for your time. OK 1�J L11Y'f]F� NOTICE mis eobnidal needs m be er,h.&dmra pbk heahng in rcord—wM1h hmellnee set forth in the City & Mlarni CWe. The appliwde decision -making body will re _e 'i nto_' at the pubic hearing to renders menda5onor a fin, l decison. PZ-20-6058 / \\ 09/19/22 /f Ms. Pardo: With PZ --it was my understanding PZ.5 was next, and I was supposed to go two hearings ago, but you -- Chairman Gonzalez: Am I -- Ms. Pardo: -- ran out of time. Chairman Gonzalez: -- not speaking clear? PZ.5 is the first item on the agenda. I'm going to be moving the agenda along, as I see that it's going to bring the best result for the public and for the items to be addressed, approved, or denied, and move along, so please have a seat. Let me take PZ. 6 and PZ.7, and your item will -- Ms. Pardo: Thank you. Chairman Gonzalez: -- come up soon. PZ.1 06-00799xc1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SUBSTANTIAL MODIFICATION TO PREVIOUSLY APPROVED SPECIAL EXCEPTIONS, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 22, SECTION 2215, TO ALLOW A CHANGE IN THE ORIGINAL APPLICATION (06-00799xc) BY INCREASING THE SQUARE FOOTAGE FROM 73,068 SQ. FT. TO APPROXIMATELY 288,000 SQ. FT., WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1603-27 NORTHWEST 7TH AVENUE AND 662 NORTHWEST 20TH STREET, MIAMI, FLORIDA. 06-00799xcl Analysis.PDF 06-00799xcl Zoning Map.pdf 06-00799xcl Aerial Map.pdf 06-00799xcl Application & Supporting Documents.pdf 06-00799xcl Plans.pdf 06-00799xcl ZB 05-21-07 Fact Sheet.pdf 06-00799xcl ZB Reso.PDF 06-00799xcl Legislation (Version 2).pdf 06-00799xcl Exhibit A.pdf 06-00799xcl CC Fact Sheet.pdf LOCATION: Approximately 1603-27 NW 7th Avenue and 662 NW 20th Street [Commissioner Angel Gonzalez - District 1 ] APPLICANT(S): Santiago D. Echemendia, Esquire and Suzanne M. Besu, City ofMiami Page 40 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE k4to bn'nai needs m tx.nhed.�d m,. p�bk heahng Esquire, on behalf of Camillus House, Inc. ,,CWe.m aPU-d,m-�°mange rwil the inbrm ,at the pubc hearing to rend,,recommendation o,. final demonFINDINGS: Pz-20-sons PLANNING DEPARTMENT: Recommended approval. 09/19/22 ZONING BOARD: Pending recommendation on May21, 2007.• PURPOSE: This will allow a change in the original application for a rescue mission for Camillus House. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0289 Chairman Gonzalez: Let's take PZ.1. Yes, sir. Good morning. Roberto Lavernia (Chief of Land Development): Good morning. For the record, Roberto Lavernia, with the Planning Department. PZ.1 is a modification to the previously approved special exception for Camillus House. It's a modification to the plans. First, this do not affect any of the conditions at the previous special exception. The facility is in scale and character with the surrounding area, and the landscape on plans and open space serve the resident of the proposed project, and the Planning Department is recommending approval of the special -- of the modification of the special exception. Thank you. Chairman Gonzalez: Have the Administration met with each Commissioner in this item? Every Commissioner understand what we're doing in here, right? Commissioner Regalado: Yeah. Chairman Gonzalez: The only concern that I had on this item when we shared the district where this facility is going to go was the -- I want to make sure that we are not increasing the amount of people that are going to be receiving services there. Santiago Echemendia: Mr. Chairman, Santiago Echemendia, 1441 -- on behalf of Camillus House. We are limited to 340 beds -- Chairman Gonzalez: All right. Mr. Echemendia: -- so the answer is no. Chairman Gonzalez: Go ahead, do your presentation. Mr. Echemendia: Santiago Echemendia, on behalf of Camillus House. I'm accompanied by Dr. Paul Ahr, the president of the Camillus House; Ron Cohen, one of the board members; Peter England, governmental relations director; Karen Mahar, director ofplanning; Aris Garcia, Wo perg Alvarez; Suzanne Besu and Bob de la Fuentes of my office. First thing, we want to thank the Administration, Pete Hernandez, who was very helpful in getting us here today, as well as Ana Gelabert, Lourdes Slazyk, and all of their staffs, and also to you for your leadership. With that, I think what we'll do is have Dr. Ahr give a briefpresentation; David Raymond is here on behalf of the Homeless Trust, and then we'll walk you briefly through the modification. Paul Ahr: Good morning. Dr. Paul Ahr, president of Camillus House, 336 Northwest 5th Street, Miami. I want to echo what Santiago said. This has been a very productive set of interactions City ofMiami Page 41 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE mie s�bminel needs m tx Ihed�ied mr a p�bk heahng with the Commission, with the Zoning Board. We appreciate your working "° C d—n tm 1,,d ,e<fMh inthe City& Miami Code. The appliwlfe tleci-n- naXing body will redewthe inlormatlon at the public hearing to render e want to let you know, Mr. Chairman, that we had the first meeting of our Cit mmendffion or a final decid,, impaneled by the board of Camillus House. We had an excellent meeting ear PZ-20-6058 Many of the changes that we're going to talk about today really grew out of the ' 09/19/22 our special exception when some neighbors came by concerned about sexual pre looked at our plan; we realized that it needed to be improved by making it more of a co so that all of the sides were essentially enclosed, which gave us better observation and supervision of the folks on our property. We are committed to the conditions that we agreed to, including the 340 beds. I want you to know that part of what makes this possible is the fact that the Camillus board has raised the fundraising goal. Originally, it was in the neighborhood of $40 million; now it's $60 million, and as of today, without even beginning our capital campaign, we have pledges, cash in hand, and major commitments for 30 million of that $60 million, so this is a project which we're going to get ready to start right away. I'll be happy to answer any questions that you may have. This is a good plan. It's a good plan for the City. Entrance still remains on 1 Sth, and no entry on 7th Avenue; only a parking garage entry on 17th Street. Thank you. Chairman Gonzalez: Thank you. David Raymond: Morning, Commissioners. David Raymond, Miami -Dade County Homeless Trust, 111 Northwest I st Street. First of all, it's a pleasure to be here to speak about homeless issues, and I want to thank all of you for your leadership around homelessness, and in particular, Commissioner Regalado, who serves on our board, who is an active advocate; Commissioner Spence -Jones has been involved in other homeless efforts; Commissioner Sanchez -- all of you, we really are appreciative of, as well as Mayor Diaz's leadership, and Pete Hernandez, who also sits on our board. At any rate, the efforts that we have made in the last about 13 years to try to end homelessness in our community, which is truly our goal, have really proven fruitful, and these have been partnerships. The Trust is all about partnerships, and our partnership with the City is one of the greatest, I think, things that we can hold out as an accomplishment. Our numbers of homeless people on the street have gone from a little over 8,000 back in the old days when I was running the homeless coalition and we didn't have a trust, to our latest census in January, 1,380 people on the streets ofMiami-Dade County at any given point in time. Of that, just a little over 400 are on the streets in Miami, in the City of Miami. That is huge, by the way. There used to be a thousand people here just a few years ago, so the efforts the City has made have been wonderful, and Camillus House is truly a partner in those efforts. Camillus is one of our largest providers. We have about a dozen contracts with them. We are highly supportive of the project that they have. My board chair, Ron Book, unfortunately, he was going to try to been here today. He missed -- he may still make it. Just on behalf of our board, we have not only been supportive in theory, but we've also helped secure $2 million in capital funding for the project, both for the permanent housing side and for the transitional shelter, as well as operating dollars, a million dollars through a HUD (United States Department of Housing and Urban Development) grant that we secured, so we are hopeful for a positive outcome. We definitely need additional space of the 340 beds that we would be able to gain by this program clearly are something that we need in this community. While we've made great strides, there are still 1,380 people on the streets every night when everyone closes their eyes, so we appreciate your support, and thank you very much. Chairman Gonzalez: You know, every time I hear those numbers, it really scares me, OK, because we're talking about a facility for 340 people. That's what this Commission approve. That's -- that is the plan that I supported, and when we're talking about 1,300 homeless in Dade County, I hope Dade County do their portion, and I hope that Camillus House, by having this facility, don't attract the County's 1,300 homeless into our community, you know, and I'm going to remind you again, I hope that you have establish serious strong establish controls on what you're going to have in that community, because the same way that I supported you, I'm going to -- I'm ready to go to the site and start picketing the site myself every single day, so you know, City ofMiami Page 42 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE mis eobmidal needs m I,,dedliee mrap�bk dear�n9 every time I hear about these numbers in the County -- the County has to do in°°°°rd— """me °d fMh in the City of Miaml Code. The appliesdl decision-maXln, body will because it's not fair that we, the City of Miami, have to take the burden of al Newmeo coationatthap°b�`bear'n9l°render® tl4on or a final eecid,n. the County have in our City. I have enough problems in my district with affo PZ-20-6058 public housing, which is abandoned -- what -- the crime that is coming out of t 09119t22 enough problems with having the jail, with having all of the programs that we hav about here for many, many years, and that was the reason why the community didn't w support this plan to begin with, and you know, when I hear 1,300 homeless in the County, you know, as far as I'm concerned, every city should be taking their portion of the homeless and take care of them. People have been used to dump everything in the City of Miami, and use the City of Miami as a dumping site, and the City of Miami is not a dumping site for anybody, so I hope that you, you know, control the site and you control your operation because eventually, there will be some problems if that is not run correctly. Mr. Echemendia: Mr. Chairman -- Chairman Gonzalez: Go ahead. Mr. Echemendia: -- we are committed to the 340 beds. As you can see, what was previously approved is 340. That has not changed, relative to the Rescue Mission, the treatment, and the program housing. Chairman Gonzalez: Yes, but it's not only having 340 beds. One thing that I -- that scared me from the beginning is to have in our communities -- and I'm talking about Commissioner Spence -Jones district and my district --people on the sidewalks and people sleeping on the streets and people on the surrounding areas, because I have a strong commercial corridor about five blocks away from this site, and I'm not going to allow anything or anybody to come to Allapattah and destroy what has taken more than 30 years to build, OK, and that has me concern. When we talking -- when we talk that we have 340 person capacity on the site, and then I hear 1,300 people, what are we going to do with the other thousand people? We're going to have them around the site? Are we going to have them sleeping on the sidewalks and giving them food on the sidewalks? Those are my concerns -- Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: -- and I'm putting them on the record. Commissioner Spence -Jones: -- and I was -- I don't know if you -- Mr. Chairman, just in the essence of time, if you want me to communicate now or you want them to continue their presentations, but I do -- I would like to put some things on the record, but I will yield to you and yield to them until they finish, and then I'm assuming we have the opportunity to speak right after that. Chairman Gonzalez: Of course. Commissioner Spence -Jones: OK Mr. Echemendia: Mr. Chair, ifI may bring up Dr. Ahr again, because I would like for him to address your questions directly, and I think that's -- that now would be the appropriate time. Mr. Ahr: First of all, Mr. Chairman, you and I agree on this issue. When the Homeless Trust talks about 1,400, 266 of those are south of Kendall. Camillus House operates in 14 locations throughout this County. Our next area for development is in -- on our property in Naranja, so we're as concerned as you are that we don't become the kind of location of special interest, and we continue to develop in other communities in this county, in Homestead, and Opa Locka, and in Naranja. A second issue -- point want to make is that this Commission asked us to establish City ofMiami Page 43 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE k4%� bmi" I needs m be 'hed"'d mr a pu bl, healing a citizen advisory board that included the business interest, that included th�erda .1,1—lined sebfMh in the City & l Cube. The applicable decision -making bfmy will atthe pub"hearing torenl,,eand the rest. At our initial meeting, the -- one of thefirst issues had to do wmrnenCaben ofahnal eeciden stand on park benches, on waterfountains, on anything that would attract iPZ206058 and stay outside of our complex. Part of the reason we built it as a compouindividuals that were genuinely in interest ofservice would come inside, tha essentially be under our supervision, and that they would not be wandering outside. agreed to 24-hour off -duty police coverage so that if there are basically folks that are vagrants that are hanging around our property, that they'll be asked to leave the neighborhood, so I just want to reiterate that we want to run a first-class operation here. We want to serve those people who are interested in breaking the cycle of homelessness. The 1,400 are spread out to Miami Beach. They're in South Miami -Dade. The number of individuals who are actually counted as street homeless in Miami is in the vicinity of 400 people, and there are plenty of other agencies that are serving them; the Homeless Assistance Center, Salvation Army, and Miami Rescue Mission. Chairman Gonzalez: Another question that I want to ask you, Dr. Ahr, while I have you in the podium, have you sat down with the University ofMiami and discussed this expansion that you're proposing here today? Mr. Ahr: I think they're fully aware of it, and -- Chairman Gonzalez: And how do they feel about that? Mr. Ahr: Let me just say two things, and then Santiago -- we have included two representatives of the University, Betty Fleming from their Planning Department, and Mark Aprigliano, who's their security chief over at the medical complex, as part of our citizen advisory board, so we rely on them to bring to us now issues basically to two and a half years out, so our goal is that when we open, we'll have thought through all of the operational problems so that this becomes essentially an asset to the neighborhood rather than a liability, but Santiago has more information. Mr. Echemendia: Mr. Chair, we did meet with the University ofMiami. They agreed to join in the application. I think Vicky Garcia -Toledo is here, who could speak on behalf of the UM (University ofMiami), if you desire her to do so. Again, we're not modifying the beds or the number offolks that are permitted on the site. In fact, we're going to reserve a few empty beds. The uses have not changed. As you can see, they're all the same as what was previously approved. The reason for the substantial modification is that when we submitted the original plan, we did so under some time constraints to go in front of the Governor and Cabinet and get the swap approved. At the time, the plan that we had was not fully developed, and we basically crunched in all of the uses into seventy -something thousand square feet, knowing that it didn't quite work, but because of timing restraints, we needed to present that, so as a result, we have a new plan that's a better design. It's a campus -like setting. We think that it's better for the public welfare and the homeless community, and from a compatibility standpoint as well. These are some of the other institutional uses in the area; most noteworthy, the two jails that release folks, which will be drawn to the facility, and with that, if Aris Garcia could come up and walk you through the site, the site plan, and then we'll wrap it up. Thank you. Aris Garcia: Good morning. For the record, Aris Garcia, with WolfbergAlvarez & Partners, with offices at 1500 San Remo, in Coral Gables. What you have in front of you is just some aerials of the site so you can familiarize yourself. As you know, we're bordered by Northwest 7th Avenue on the west, Northwest 17th Street on the north; there's a small street, Northwest 15th Street on the south, which is really a dead-end, and primarily the site is enclosed by an off -ramp that goes from 836 to I-95. What you have in front of you is basically a previous proposal that was approved by this Commission. As you can see there on the site plan, it was -- essentially was a monolithic structure with a courtyard in the center and a sea ofparking all the way City ofMiami Page 44 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rni. eobminal needs m tx e�heaeiee mf a peddf: heahng around, so there was nowhere to secure the site. The program that you see n°�ord—wtt t ,1,,d eet fMh in the City Miami Cede. The applies Pie decision -making bfmy will dewthe inmrmativn at the public hearing to n:nder a original program. We have not changed the program. What we're changin mmendk'on aflnaldecid,, we're changing the operation of the whole facility. Essentially, this had bunk PZ�09/19/22 206058 areas for the clients, and what we're doing now is giving the clients personal sp coming up with a facility that's multiple buildings. This is the new plan that you s you. It's a campus -style plan. Essentially, it has two courtyards, which separates the ofpopulation this facility will have. The courtyard on the south side, or the one that's next to the chapel, that's essentially the more transient population, the one that deals with the overnight shelter, and the lawn on the other side is for the population that really spends days and days and days, and they actually live at this facility, so just to give you an overall layout here, working from right to left, along Northwest 7th Avenue, you have Shepherd's Court. This is a permanent housing tower. These are 80 units, one -bedrooms. Essentially, no -- one -bedrooms no different than any one -bedrooms that you might see elsewhere in the City, so these people have their own living room, dining room, kitchen, bathroom, et cetera. Continues over the center bar there, what you see buildings Band P. That's essentially a three-story structure. You have an auditorium. You have a food service on the ground floor, fitness center, etcetera; amenities for the clients. Working our way north, you have the administration building, essentially a five -story building, purely administration for Camillus House. Along Northwest 17th Street, we have the LS.P.A building. This is essentially several levels of administration on the ground floor, and you have dormitories up above. The difference now being that rather than just having bunk beds and all these people in one room, it's the same number of beds, but each bed has its own private space, so they're all in bedrooms with a reading space, their own bathroom, et cetera, so much more humane. Working our way around the long courtyard is a J.O.B's dorm. That's a six -story building. Parking, as you can see, has been consolidated into a parking garage so we can allow more space within the site to hold the population. Last, but not least, on the other side of the site, we have the shops/overnight shelter/medical respite building, with the intake building that's essentially just a three-story building that faces that courtyard. We have a chapel in that courtyard, and that's also frames the forecourt, which is a -- the major pedestrian entry into the facility. These are the elevations. The one on the top is the west elevation or main elevation as viewed from Northwest 7th Avenue, so again, you see the affordable housing tower, the auditorium, food service in the center, the administration building, and the I.S.P.A building on the other side. On the bottom, you see the north elevation. Essentially, what you see on the left side of the screen is that off -ramp from I-95 to 836, and the existing signage that is there today that's not on our property. Access to the garage is via that portal there, so everything is concealed. The one on the top there is the rear elevation. That red line that you can see is basically all that aspect of the building that's covered by the ramp, and about 150 feet away is actually I-95, and the one on the bottom is what you see from Northwest 15th Street, which is that dead-end street, and that little dark hole there is really the access for all the clients into the facility. Mr. Echemendia: All of the original conditions remain unmodified, as you can see in front of you; they're all the same, so the number of beds in the program remains the same, your conditions remain the same; the goal is the same, to end chronic homelessness. Staff has recommended approval. Your Zoning Board has recommended approval, and with that, we urge you to approve the modification. I'm not sure if there's opposition or not. Just in case, we'll reserve a little time for rebuttal. Thank you. Commissioner Sarnoff: Mr. Chairman. Chairman Gonzalez: All right. Yes, sir. Commissioner Sarnoff: Just -- it's a brief question. Is there somebody that could tell me exactly, when you factor in land acquisition, construction costs, and the actual operation, what the per capita cost per patient is? City ofMiami Page 45 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE mis aobmittal needs m t "hed"i'.d mfa pabl, healing Mr. Ahr: The -- let's talk about the -- what we're going to raise. The tax cr ina�rnEanrewtth tlmalin,=fMh in tha City& Mlaml CWl .The appb.ile tlsi—n-making bWy will ""'the inbnna at the pubc hearing to n,nde,e we have for the permanent housing is in the range of $28 million. That -- th mmandanbn ofannal ee,idon requires that operating deficits be built into the front end of it 'cause that's no PZ-20-6058 million to build a 80-unit apartment building. The remainder of the campus, w 09/19/22 cost $200 a square foot or roughly 36 to $40 million to build the rest of that camp in addition to that, we have to take into account what we call crossover funds. We hav that gives us $500, 000 a year. He's now pledged a million dollars a year, but the 500, 000 we need to continue to operate, so our net on that is only 500,000, plus there is a -- there's a maintenance and repair reserve that's built into it, so that's the funding. To do the math, I guess, is 340 into 88 million, but essentially, 88 million is not really the cost to build it. The operating expenses currently in Camillus House, we have an operating budget of about $13.5 million dollars; 3 and a half million of that -- that's for the -- all of Camillus House -- right now comes through donations. We have federal and state grants that operate our treat -- that fund our treatment programs, and the balance of that is essentially HUD payments for the -- if you take out the main shelter and Beckham Hall, which are emergency shelter operations, we have 600 beds throughout the County that are essentially HUD subsidized, and the balance of our revenue is tied to those beds. We estimate that when we open this new facility that we will require basically a doubling of our state and federal grants because we're doubling our treatment program from 64 beds to 128 beds to accommodate women and Spanish-speaking clients, and we estimate that our operations for housing and for meals and those will increase, including inflation, by about a million and a half dollars. Commissioner Sarnoff: But, doctor, my question to you is a little different. My question to you is what would it cost, per person, when we factor in every number you've given me at that facility, how much are we spending per person? Mr. Ahr: They tell me it's -- I don't -- maybe you could explain it. They -- I wouldn't calculate it that way, but they say $10, 000 per person, per bed. I don't know if that's the answer to your question either. Commissioner Sarnoff: I -- my math is a little different, and I'm -- maybe I'm not very good at math; certainly didn't become an accountant, but ifI just listen to all the numbers you threw at me, I'm at about 140 or $160 million, and it's 340 into that, correct? Mr. Ahr: It's 300 -- we estimate that, you know, some of these individuals are going to -- if you're trying to divide it by the number ofpeople that are going to be served there, is that the question? Commissioner Sarnoff: No. I understand, and correct me ifI'm wrong, because you've spoken to the Chairman that we're going to cap this at 340 people. Mr. Ahr: Right. Commissioner Sarnoff: I'm merely looking at this from a economic basis to see what does it cost --and I'm not caring whether you're talking about state, federal, city, county, donations. I just want to know, per person, what does that come to. Mr. Ahr: Well, the -- what they tell me is 10, 000 per person, per year. Commissioner Sarnoff: OK Chairman Gonzalez: No, because 10,000 will be Commissioner Spence -Jones: Maybe -- City ofMiami Page 46 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: -- $340,000. Commissioner Sarnoff: Right. Commissioner Spence -Jones: -- Mr. Raymond, from the Homeless Trust, he migh expand on it more, just on --just in general, you know, what are we talking about perspective as usually being spent on an individual -- Chairman Gonzalez: They're talking what -- Commissioner Spence -Jones: -- that is involved -- Chairman Gonzalez: -- $80 million? 1�J L11Y'f]F� NOTICE rni..Onidal needs m t Ihedeied mn a pabk heeling in—nd—wM1h t—in.s diodh in the City& Aid CWe. TheappUud, decision -making bWywil rewewthe inbrn ,at the pabec hearing to rend,, nxonnenda ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Commissioner Spence -Jones: --in these type programs. I they that's what they're trying to figure out. Mr. Raymond: IfI may. I think it's -- a hard number to get to because that 340 is made up -- and I certainly don't want to speak for Camillus --but made up of different levels of care. You have some people that are in permanent housing, some that will remain, so if there's 80 beds there, that may have a fixed cost, which probably is somewhere in that neighborhood, at least from our experience, of about $10,000 a year; it may be more or less, depending on the level of service somebody needs within the facility. You then have people in transitional housing, who will be coming and going, so it's not like you're going to fill, besides the permanent housing beds, those and you're just going to have that person remain there, and it's going to cost $10, 000 for that person. What our costs have been traditionally at the Homeless Assistance Center, somewhere in the neighborhood of $30 a day per bed. Now that's operating costs, not capital, and that includes everything that's involved in that person's care. We have primary healthcare, dental services. We do have a dog kennel down south, not in downtown, and so that could, in fact, you know, alter those numbers, so I could see where you're going with this, but it's kind of hard to figure it out into the capital because the facility, it's like a -- it's going to turn over, in terms of the occupancy. Commissioner Sarnoff: No, I understand, but if, from an elected official standpoint and from a person watching the Commission meeting -- I mean, a number of about $140 million was thrown out here, and that's, no doubt, land acquisition, operating, you name it, and it's 340 people, and -- I mean, I'm -- the Chairman's actually doing the math -- Chairman Gonzalez: It's about four hundred and some thousand dollars. Commissioner Sarnoff: Yeah, we were figuring four hundred and something thousand dollars per person. Chairman Gonzalez: Per person. Commissioner Sarnoff: Now, you could amortorize [sic] that, if you'd like, over 20 years; it's -- the number's still going to be staggeringly high. Mr. Raymond: I think, though, that the 340 is not the number. The 340 are the number of beds. People will be coming through -- Our Homeless Assistance Center in downtown, for example, if we have -- we have 402 beds there. We may see that -- those beds turn over, on average, of every 45 days with people, and we have an outplacement rate there, which I believe Camillus is probably equal to their numbers, somewhere around 60 percent, so we place over 4, 600 people a year into housing. That 1,300 number, by the way, you were talking about before, is point in time; just on the street at any point in time, so it's hard to get to that, you know, in terms of how City ofMiami Page 47 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE rn1...bn,�nai needs m �.nh.&. dm,. p�bk h.,,,g r in .�o2_ whn umer�n�.e torah in the citynr r many people you actually serve. You have t0 o0 at ow many people xnami E, apph-aeb�mmn-maxmg bodr+�u New intormation at the pubc hearing t. n:nde, the year and then sort of divide it in. That's how we would look at it. We se n n:eo nd0 .,oraf,zId-in., over 12,000 unique people receive services through the homeless continuum I PZ-20-6058 it's prevention, or healthcare visit, or housing, and we spend about $40 million 09/19/22 and if Chairman Gonzalez: But is that -- are those the people that you're going to be serving at this site, 1, 200 -- 12, 000 people a year? Mr. Raymond: No, sir. The people that we have -- and that's countywide. Well, it's how many people come in and how many people don't come into our system. Chairman Gonzalez: But what the Commissioner is referring about is what you have put in the record. Mr. Raymond: Yes, sir. Chairman Gonzalez: That it's going to cost about $140 million, the entire project -- Mr. Raymond: Well, that's -- I didn't put that on the record -- Chairman Gonzalez: -- and that we're going -- Mr. Raymond. -- so I don't want to speak to the 140 million. Chairman Gonzalez: -- to be serving 340 people, and if you take -- if you just divide 140 into 340, it gives you about 400,000. Mr. Raymond: I'm not sure that I said 140 million, so let me -- Commissioner Sarnoff: No, no, no. I added all your numbers. I took -- Mr. Raymond: OK. Commissioner Sarnoff: -- your 88 million. I took -- I just kept on adding. Mr. Raymond: OK, but ifI could, the cost -- to construct this -- Tin just going to talk to construction -- is roughly $51 million, which ifI do my math on the back of my business card, basically, it says it's going to cost us $1 S, 000 a bed, if the bed is a unit we want to use, recognizing we have office space, and we have space for partners, and other functions. Beyond all that, we estimate that, in that facility, we will have -- I have to break out that facility from -- probably about seven and a half million to operate it for the 340 people that are there a year. That includes administrative costs and cost of food and transportation and the rest. Commissioner Sarnoff: So your 88 million number wasn't --? Mr. Raymond: The 88 million number is the amount that we are raising in our capital campaign; 28 million for the tax credit program, which is separate; 60 million -- what they tell me is of the 28 million, the cost to build that building is 15 million. The balance of it is essentially the operating deficits that are built in upfront because we're going to have low and very low income people here who are -- who's rent is not going to cover the cost of the operation, as it would be with any other low-income housing project, and the rest of the facility, we estimate to be in the range of around 36 million, so SI billion to build it. The difference between the 36 and the 60 has to do with creating a reserve. We have to equip it, and we have to create -- we have to cover lost oper -- lost major gifts during the pledge period. As I gave the example, if a City ofMiami Page 48 Printed on 611112007 City Commission Meeting Minutes man now gives us a million that give us a half a million, we'd still need that our current operations. Chairman Gonzalez: All right. Commissioner Regalado: I think, Mr. Chairman -- Commissioner Spence -Jones: I just -- Mr. Chairman, I'm -- Commissioner Regalado: -- if I may just -- Commissioner Spence -Jones: --I know, but -- Chairman Gonzalez: Let me -- Commissioner Spence -Jones: -- only reason I'm -- it clearly -- Chairman Gonzalez: Would you please -- Commissioner Spence -Jones: -- I mean, I was trying -- Chairman Gonzalez: -- allow me --? 1�J L11Y'f]F� NOTICE ThIs su bmitlsl needs b be sch.&W d ton s pubk heahng In—nd—wM1h'mellow set forth in the City & Miami Cote. The appd.bi, decision -making body will rewewthe nt nn tion at the pabc hearing to rende, e recommendation on a final decison. PZ-20-6058 / \\ 09/19/22 /f Commissioner Spence -Jones: -- to wait for people to at least allow for them to complete their presentation, respecting -- Chairman Gonzalez: Will you--? Commissioner Spence -Jones: -- the Chair. Chairman Gonzalez: I believe they already completed their presentation. Commissioner Spence -Jones: Oh, they -- I mean, is the public hearing -- is there going to --? Chairman Gonzalez: Well, that's what I -- Commissioner Spence -Jones: Oh. Chairman Gonzalez: -- if you allow me to -- Commissioner Spence -Jones: OK Chairman Gonzalez: -- speak, that's -- Commissioner Spence -Jones: I just -- Chairman Gonzalez: -- what I'm ready to do now -- Commissioner Spence -Jones: I just -- Chairman Gonzalez: -- is to open -- Commissioner Spence -Jones: -- want to be able to have my opportunity to say something. That's -- City ofMiami Page 49 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: -- the public hearing, and then bring it back to the requires a public hearing. This is a public hearing. Mariano, you're rep 1�J L11Y'f]F� NOTICE rn1 eobmidalneeds m � s�h.&� dm,a p�bk healing ccoIdance witl� tlme1— set iodh in the City of Mi_i Code. The appliwdte decision -making body will rewewthe information at the pubec hearing t, rend,, e recemmendatien or a final decison. PZ-20-6058 Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I (UNINTELLIGIB 09/19/22 two minutes to make a chronicle of the site of Camillus House in our neighborhoo City of Miami because I have been fight -- I mean, usually, I am -- most of the time 4�2= Camillus House, since 1988, long time before any of you were in that dais; I was already fighting, and we fill this chambers three times, '88, '92, and 2002, and I cannot tell you when. In 2000 --no, in '92, the vote was for Camillus House, for. Victor De Yurre, Miriam Alonso, Mayor Suarez, and against, J.L. Plummer and Miller Dawkins, and then having the flip flop at the Allapattah dining room there, that they change the votes -- Miriam Alonso change the vote, and they stop Camillus House from building at 12 and 20, at the old incinerator. I don't know if you remember. You were there. Chairman Gonzalez: I remember. Mariano Cruz: I know I saw you around there, and then in 2002, work with the CRA (Community Redevelopment Agency). It was for -- it was the late Arthur Teele, Johnny Winton, and then against Camillus House in the CRA neighborhood. Who was against it? Angel Gonzalez, Tomas Regalado, and Joe Sanchez, because I was here. We fill this chamber completely -- Chairman Gonzalez: Mariano, your time is running. Mr. Cruz: -- and this is -- I am for the increase now, for the increase in the square footage. That's the main thing, because we will need Camillus House when? When we do away -- when we have a living wage that is not four -something dollars an hour for people to live. Then they (UNINTELLIGIBLE). Affordable housing. That's when we will need Camillus House. Well, in the meantime, we have -- what is the alternative? I haven't seen anybody from the Grove volunteer to have a Camillus House here, because even -- when you were going to have it at the Old Naval Reserve, the people were opposed to the Miami Coalition for the Homeless, which -- Chairman Gonzalez: All right. Mr. Cruz: Donna MacDonald -- Chairman Gonzalez: Mariano, your -- Mr. Cruz: -- 'cause I was here, too. They -- (UNINTELLIGIBLE), and what they put there? The grocery store. Chairman Gonzalez: Mariano, your -- Mr. Cruz: That's what they put there. Chairman Gonzalez: -- time is up. Mr. Cruz: OK That's it. Chairman Gonzalez: Thank you very much. Mr. Cruz: That's what I want to know that -- Chairman Gonzalez: We -- City ofMiami Page 50 Printed on 611112007 City Commission Meeting Minutes Mr. Cruz: --I am for -- Chairman Gonzalez: Thank you. We -- Mr. Cruz: -- the increasing in footage. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: -- appreciate your support. Anyone else from the public that wants to speak on this item? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Who wants to speakfzrst? Commissioner Spence -Jones. Commissioner Spence -Jones: Well, I mean, I did ask if -- and I was just trying to wait for -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: -- the whole pro -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: -- and if you don't mind, Commissioner Regalado -- I know you're very much involved in this issue on homelessness, and I'm sure you're going to have some great things to share. I just want to add a couple of things that I think are really important to say, and Mariano kind of eluded [sic] to it in his statement, but -- I mean, this is a true fact that we cannot overlook or get around. I mean, the mere fact that we could have a shantytown happening on 62nd and 17th is a strong indicator that we have a serious housing issue happening in the City. I can't tell you the number of families -- I'm not even talking about individuals, but families not drug addicted, not having any mental issues, but are struggling every single day and living in shelters because they can't afford to rent or live in the City. I mean, that's -- I mean, just this past week, at the Liberty City Trust, I ran into a family of four that after not being able to really afford the increasing rent, they had to move to shantytown for two little children -- one was four and one was three -- and a husband and a wife struggling to take care of their families, and their next step was, of course, a shelter; no drug addiction, no mental illness, just caught in a situation where they had no place to go. Unfortunately --and it - - this is -- it is what it is. I have inherited a district that has, I think, the majority of the housing - - I mean, excuse me -- homeless shelters or facilities within it. I mean, in the Overtown area alone, it's overwhelming in thatparticular community, the number ofprograms and services that are made available to folks that are homeless. I do agree with the concerns of the Chairman to make sure that --in his statement of making sure that there is something put in place to make sure that his residents in the community in which he serves and the residents that -- in the community in which I serve, the Overtown area, are not feeling that they're having to stomach or swallow this facility that is going to create an issue for their children and their parks and their schools because of this issue ofperception ofpeople being homeless and drug addicted and everything else, so I agree with him on that. I am -- I also want to state -- I think it's important to state that I'm glad to see that Camillus House has put in place the Community Advisory Board with key individuals to make sure that if they do not do the things that they promise this Commission that they would do, then we have a means of addressing the Camillus House, because we do know that we will see you again, so I'm glad to see that that is happening and continues to happen before the facility even gets built. I'm glad to know that there is going to be off -duty police, not us paying for the police, but police paid by the Camillus House to make sure that this does not overflow or affect the businesses in the area, because I'm sure that was one of their biggest concerns. Now, I am definitely in support of Camillus House and it's no secret. I -- there's no way that I cannot support an agency or organization that is truly trying to help individuals transition back into society. I have -- it has been no secret that we have, in my office, supported various initiatives, through Lilies of the Valley, and Somerville, and the Better Way facilities, and different things that we're doing, so that's no secret. I just think that, you know, the Chairman's point, and even Commissioner Sarnoffs point, is that they just want -- and I just City ofMiami Page 51 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rni. s�bminal needs m s�hea�i�.e mr a pabuf: heahng want to be clear -- with the Camillus House folks -- is that they want to mak in®aoreanoewtht—in. eetfMh in the City& Mlami CWa .The appti de decision -making bWywil reWew the inm_na at thep 1, hearing to renders things that you're promising, that you're going to keep your word on it, and mmenaation ofannal eeidon where, you know, when you start mentioning all these different numbers, Dav PZ-20-6058 the number of homelessness individuals that are in the County or in the City, yo 09/19/22 that they're going to end up in the City. I mean, that's where they are, even thoug they're everywhere else; they're kind ofgoing to end up in the City at either one of thos programs, so we just want to make sure that you -- we are assured that you're going to make every effort to do that. Now, I -- my question was about the plan, really, because you know, originally, whatever was presented -- my concern in communicating on the plan was that I thought that the 7th Avenue portion was going to have retail elements to it, because it is on a major commercial corridor, it is right across the street from a commercial area with the Civic Center, and when I looked at the plan, it seems as though that is not being included in the overall facility, and I think that it's important so that there is some sort of engagement happening with the people that are there living in the neighborhoods already and the people that are within the facility. When I look at the plan, I don't see that. I seethe administration building, and that's fine, but I think -- I -- one of the things that I was told was that there would be some retail elements lining on 7th Avenue, so I didn't see that in what you presented today, unless I overlooked it, so I would like for you to at least speak to that on that issue real fast for me. Mr. Echemendia: Commissioner Spence -Jones, the -- Commissioner Spence -Jones: Yeah. Mr. Echemendia: -- plan that was previously approved did not have retail, nor does this one -- Commissioner Spence -Jones: Right, and I think that -- Mr. Echemendia: -- but let me have Aris -- Commissioner Spence -Jones: --what I put on the record when you guys presented it the first time that that's one of the things that I wanted to see happen so that there was some sort of connection to a major corridor, to the 7th corridor. I don't see it in there. Mr. Garcia: While she brings the plan up. The original plan that was approved basically had that building right smack in the center with that sea of asphalt. Commissioner Spence -Jones: Right. Mr. Garcia: As architects and planners, we wanted to do two things. Number one, we wanted a more urban approach to this site, bringing the buildings closer to the sidewalks so we had some things to look at, but number two, we also wanted to make sure that we kept the more transient population away from the street. Mr. Ahr: If that's what you want, we'll do it. Commissioner Spence -Jones: Yeah. I mean, that's what I communicated -- Mr. Ahr: We'll make it -- we'll put in -- Commissioner Spence -Jones: -- is you know, we want -- Mr. Ahr: -- the administration building. Commissioner Spence -Jones: -- you know, we talked about it being a training facility, not just for the folks -- City ofMiami Page 52 Printed on 611112007 City Commission Meeting Minutes Mr. Ahr: OK. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pbk heahng In — d—wM1h hmellnes set f,& in the City of Mlami C We. The aped. A, decision -making body will n: _e 'inform ' at the pa bec hearing to n:ndere nxom da ., nr a final decison. PZ-20-6058 Commissioner Spence -Jones: -- that are living in the shelter, but that could he 09/19/22 for people that once they left the shelter, they can continue to be trained vocation there were a lot of other things that we talked about, and I just want to make sure that commitment is still there, because the reality is we do want people to transition out, but they may still need support services, like drug treatment, mental health treatment, and the reality is, I think that's necessary to have it be more engaged into the neighborhood. Mr. Garcia: Just to clarify. What we have done in order to keep that more transient population from the edges of the site is that we've lined the public areas of the site with office space, so you actually have office space, and the only portion that's residential on the street along Northwest 7th Avenue, which is -- it's really the permanent housing tower; it's not the transient population. What we've also done to those units facing the street, they're actually walk-up units, almost like townhomes. You have a stoop condition, so it's a very lively elevation along both major streets. Commissioner Spence -Jones: Yeah, but that's my point. Seventh Avenue is a commercial corridor. I don't want to -- I -- the communication we had was that we don't want town houses or housing happening right off 7 -- the idea is to make sure -- Mr. Echemendia: Commissioner -- Commissioner Spence -Jones: -- I mean, Dr. Ahr just said -- made -- I'm assuming he just made a commitment that -- Mr. Echemendia: The answer is yes. Commissioner Spence -Jones: OK Mr. Echemendia: The -- as long as -- what we don't want to do is come back on a substantial modification -- Chairman Gonzalez: I hope not. Mr. Echemendia: -- because we're scheduled for closing on the swap next month, and this needs to be approved to be able to do that. The Planning director has indicated that as long as it's a condition on the part that you impose, it would not engender a substantial modification, so we would be OK with adding some retail on 7th -- Commissioner Spence -Jones: OK I -- Mr. Echemendia: -- as long as you impose it as a modification so that it's not a substantial -- condition so that it's not a substantial modification. Commissioner Spence -Jones: No. No problem, and in my closing -- thank you so much -- statement, and this is really for the City Attorney and the -- I don't know if the Zoning Department head is here. Is anybody here from Zoning? Do you know? OK. All right. I just want to -- I wanted to make this statement because, you know, as I stated earlier in the beginning -- I mean, I've been a true partner of Camillus House and has been working with them daily on several issues, you know, regarding things that would happen in my district, and it's really important, from the City Attorney's perspective and from the Zoning Department, when we don't -- I think that there needs to be some notice that's given to us, as Commissioners, when items are either going to the Zoning Board or whatever, because we don't know it, so you know, I'm constantly engaging with Camillus House, with Better Way, with all different types of agencies City ofMiami Page 53 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE N eobmittal needs m snnea�i�.e mf a p�def: deaf,ng that serves homelessness, and I don't ever want it to be or appear that, youn°"°reap`° ",tm 1,,d=fMh In the City of ami Code.The appliwdle decision -making bony will greater relationship that can't be fair with Camillus House, that can't be pe ordwdon or a final eecieondecision, but ifI don't know or we don't know, or there's no notification thaPZ-20-6058 Commissioner Spence -Jones, these are all the items that are coming in fron09/19/22City -- I mean, infront of the Zoning Board or whatever the case may be -- for us to get that information, because we -- Ideal with Camillus House all the time, ai something, Ms. City Attorney, that, you know, to learn that, you know, we had an item coming in front of us today based upon the last Zoning Board meeting, you know, which was this month I believe, this item came to them, and it's here with us right now, so I think it's important for us to have that notification so that we know how to temper our conversations in our participation or involvement with these groups. Maria J. Chiaro (Assistant City Attorney): My understanding is the agendas are provided to you for the lower boards. This item came to the Zoning Board just this week. Normally, it would have gone to the Zoning Board more than 30 days before, but it was forwarded to the City Commission without waiting the month that normally is in between, but Hearing Boards can be advised to provide you with the agendas for both the Zoning Board and the Planning Advisory Board items, which are the predominant amount of the Planning and Zoning items, if they don't already provide those agendas to you. Commissioner Spence -Jones: On this issue, we didn't get it, though. I had no idea, and it's fine. I just want to make sure I put it on the record, OK? That's my only comment, Mr. Chairman. Chairman Gonzalez: You're done? Commissioner Spence -Jones: Done. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. My --for me to sit on the Homeless Trust in behalf of the City -- and the League of City [sic] have given me a little perspective about the homelessness issue, and I understand the concerns of the Chairman, and I understand the concerns the area Commissioner, Michelle Spence -Jones, in terms of, well, you know, using the phrase that they wanted to use for the Marlins Stadium, "If we build it, they will come, " but the issue of homeless is a very complex one. They -- lucky for us, the numbers in the City of Miami, which is the downtown court, has gone down in the past, and the City has been very proactive, and David and the Homeless Trust have been working very hard. However, the fact that we have 1,300 homeless throughout the County doesn't mean that if they build this facility, they will come. There are chronic homeless that would not leave their territory. They believe that this is the area that they operate, regardless of being harassed, even by the police in some municipalities that they are; Miami Beach and Coral Gables, for one. They stay in the area. Some would refuse to go as far as downtown, from Naranja or Kendall, even though they were told there is a new facility. The likelihood of this happening is minimal. If you look at the HAC (Homeless Assistance Center) on Miami Avenue and 14, it's a spectacular place. It's a model place. Armando Codina and Alvah Chapman build that, and they help families and they help people that they go to, and there is still homeless in other areas of the County and the City that refuse to go there, so I think that that we have to understand in terms of the service area. We do have a population. The population in downtown is the most likely to attend Camillus House, and that population rises and go down by month and by year. I think this is the lowest number that we had had in the past, but I would not worry about the fact that those 1,300 people will be, you know, driving or hitching or walking to the area because there are many -- and the service will tell you -- that will refuse any and all help because they wanted to stay in the area. I just wanted to say that, because maybe that would help understand the issue homeless. The other issue I think that Commissioner Sarnoff was trying to get a sense of how much per person, and that is one important issue because it is like, you know, the Metrorail and the -- you know, that -- you City ofMiami Page 54 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rni."bmidal needs m e�hed"ied mfap�bl, healing spend a billion dollars so you can have 1,000 riders. I think that we should ,Cnd— ith bmelind=f,,th in the City of Mlaml Code. The appliwde decision -making body will reNew the intormedon at the pubec hearing to n,nde, e how much it cost to operate the center every year, and divide that by the nur mmenda5en of a final decid,n area. I don't know if they will be able to fill the 300 and some beds, but I do PZ�09/19/22 206058 of the Homeless Trust and the City of Miami -- and we have the NET (Neighbo Enhancement Team) director here, which is also the coordinator of the Homeless very, very proactive in terms of asking the homeless to accept attention by the Trust or City of Miami homeless department. I just think that the issue of being overwhelmed by all the homeless in the area is more or less a nonissue. I think that we should focus in one single problem, which have not been resolved by any government or any authority, which is the Miami -Dade County Jail. Everyday there are 300 people that are free and let go from -- 350I think is the number, and of those, the statistics say -- and I have ask the question, and I'm sure that David will help us on that, in terms of the number because it will be interesting for you, Mr. Chairman, especially in your district, because they do walk in your district -- Chairman Gonzalez: They are released in Allapattah. Commissioner Regalado: -- that's -- you know, we have not been able to establish a program whereby these people are either bus, taken to the places that were -- they were arrested. Of those 350 people, statistics say that at least 50 have nowhere to go, so the other 300, you know, family picks up; they go home, but if 50 a day doesn't have a place to go, this is what we have to worry about, being overwhelm by the jails in that area population, and hopefully, maybe David has some ideas from the NET aspect of the -- of this issue, or David Raymond, but I think that Camillus House should get involved in this issue in terms of offering transportation, in terms of offering guidance, because you know, the moment that these people get out of Miami -Dade County Jail, no one knows what they do or where they go, and I think that that's a fundamental problem for the area, so I just wanted to say that we should work in that because that, I think, is the main issue of vagrants in the area. Thank you, Mr. Chairman. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Mr. Chairman, for 20 years, this Commission, whether we were here or not, have been dealing with this issue, to try to find a solution, to find a reasonable place for Camillus to provide the service that they provide to our community, and every time that we're faced with a -- such a challenging task, I think of a quote that says, "Leadership is the capacity to translate vision into reality, "and the vision is there; the reality is right here, and the leadership, that's what we're here for, to address the issues in our community that affects us the most, and homeless is one of them. Homeless affects the quality of life. Homeless affects anyone, and I know from experience; there're a lot ofpeople out there that are just one paycheck away from being homeless, and where do they go? Dan. Dan is one paycheck away from being homeless. No, only kidding, Dan. And our obligation is to protect those that are down and out, and anybody could be down and out, whether you have an illness, whether you're --financial in situation. You know, you may be in a situation where you're going to need that service, and you know what? Homeless are going to continue to come to Miami, and we'll be able to provide the best possible service with great pride, but homeless is still going to come to Miami. Why? Because of the weather. Because of the VA (Veterans Hospital) Hospital. Because of the infrastructure that we have in the City where the jails are right there and then they get release, and it's a never-ending battle between law enforcement and homeless where before an A form is completed, they're being released, but it's an issue that we're going to have to address, and I think that after 20 years, I want to focus on one word, and that word is being "leadership, " and that leadership has come from two Commissioners that sit here today, that were the ones that said "Do it in my backyard, "when there were many Commissioners here who didn't want it in their backyard, and the Mayor played a very important role in the Administration and both Commission and this Commission to come together with a great organization to not only provide a great service, but to bring an institutions that's going to bring employment and revitalization to an area, and that's the UMBiocenter, so when you talk about leadership, I want to praise the City ofMiami Page 55 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE Thls eu bn,id � needs b be ache,"'d br a "el, healing Chair for having that leadership, and I want to praise Commissioner Spenc au°'liana with bmahnes adfMh in the City& Mlaml CWe. The applies Lie tlecmen-maXing eWy will reNewthe manna at the pubec hearing to n,ndere that leadership, and I want to praise all of you for having that vision, and I k mrnendatlpn ofa hna[ell in today, going to make this a reality. The conditions that are set forth are ther PZ�09/19/22 206058 changes; 340 beds, no changes whatsoever, which was a concern to us. The im in scale and character with the surrounding areas, and I believe we'll be able to p service, and that's what it's all about because they're service providers. The original c still apply, and they have not been modified, except one modification that has been proffered by Commissioner Spence -Jones, which I wrote down, and that has also been accepted, which is to add commercial on 7th Avenue. There's one issue that I want to put forth, and that issue is one that I think the Commissioner is concerned, I think this Commission is concerned, and I, too, am concerned, and that is that want a commitmentfrom Camillus House that there will be controlled distribution to other facilities once that facility is fully -- full in capacity. In other words, they will be bus to other areas, whether it's down south or other areas that you provide service, because the last thing we want to do -- and I think we've agreed on this -- is to have people out on the street trying to get in and you not having the capacity to serve them, so having said all that, after 20 years, I'm proud to sit here and say that if there's been accomplishments -- and there have been many in my nine years here -- this is one that am very proud to vote in favor, so therefore, I will make a motion, Mr. Chair, and call the question. Chairman Gonzalez: All right. Do have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. I'm not sure if it is an ordinance. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Let the record reflect that there are no nos. All right. Ms. Chiaro: Mr. Chairman, for a point of clarification. This was approval with the additional con -- Chairman Gonzalez: With the additional -- Ms. Chiaro: -- condition -- Chairman Gonzalez: -- conditions. Ms. Chiaro: --to add -- Chairman Gonzalez: Right. Ms. Chiaro: -- a retail component on 7th Avenue. Chairman Gonzalez: Right. All right. Mr. Echemendia: Thank you very much. PZ.2 07-00298 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING, IN PRINCIPLE, THE MIAMI PARKS AND PUBLIC SPACES MASTER PLAN, DATED MAY, 2007, AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT AND PRESERVATION OF CITY OF MIAMI PARKS AND City ofMiami Page 56 Printed on 611112007 City Commission Meeting Minutes PUBLIC SPACES AS ENVISIONED IN THE MIAMI 21 INITIA 07-00298- City of Miami Park Master Plan-PAB PFS& Legislation.p 07-00298 CC Legislation (Version 2) - OLD.PDF 07-00298 Miami Parks and Public Spaces Master Plan.pdf 07-00298 (Version 2) - Updated.PDF 07-00298 CC Fact Sheet 05-10-07.pdf 07-00298 CC Fact Sheet 05-24-07.pdf 07-00298 PAB Reso.PDF 1�J L11Y'f]F� NOTICE rni..obnidal needs m h.&w d mn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on May 16, 2007. PURPOSE: This will allow the adoption and implementation of the City of Miami Parks Master Plan as a guiding tool for the future development and preservation of the City's Parks and Public Spaces as envisioned in the Miami 21 initiative. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0290 Direction by Commissioner Sarnoff to the City Attorney to bring forward legislation to the City Commission for the creation of a new Parks Advisory Board, to be effective sometime in July. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, directing the Administration to begin working in the next 60 to 90 days to bring to the City Commission and the newly constituted Parks Advisory Board a pilot program for each district where private government partnership will be used to fund maintenance and enhancement of an existing park. Chairman Gonzalez: PZ.2, Miami Parks and Public Spaces Master Plan. Mr. Mayor, you're recognized. Mayor Diaz: Thank you, Mr. Chairman, and first of all, I want to join Commissioner Sanchez in praising you for your leadership on the issue that you just voted on, and Commissioner Spence -Jones, and really the entire Commission because you have made history today. You've been able to accomplish something that your predecessors couldn't accomplish over a period of 20 to 30 years, and speaking of history, we're here today, I believe, to once again, make history. You have before you the first comprehensive long-term plan for the parks and public spaces of our city, including a strategy for implementation, something that is a blueprint for us on a going forward basis, something that we hope to create measurement standards, specific measurement standards, implementation from a budget perspective, from a timingperspective. The plan provides some things that can be accomplished in a few years; some that may take a little longer, five to ten years, and others that can be implemented over a 20-year period. This is the first step, I believe, in improving our open spaces in each and every single Miami neighborhood, and I believe will transform our parks system in this twenty-first century. Already, a lot has been done, and I thank you all for your leadership. I know all of you have a strong commitment to our parks and open spaces in the City of Miami, and we have doubled -- practically doubled our budget. City ofMiami Page 57 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rni. eobmiaal needs m e�heaeiee mf a p�buf: healing In the Parks Department, over the last few years, we've spent tremendous ar n.—de ffl,°'"e` eefMhinthe City of Mlarni Cmtle. The appllcal%e decision -making body will reNew the intonnadon at the pubec hearing to rend,, e capital improvements; new programs have been developed; better maintena mende5pn or a final eeciden I drive around the City today, I see more and more people using our parks th PZ-20-6058 I want to also commend the Administration, and in particular, Ernest Burkeen 09/19/22 who I believe has done a great job. The master plan even calls for certain things I mentioned already being implemented. The Chairman and I attended a press conf' re PBA (Police Benevolence Association) site not too long ago, three weeks ago or so, where we bought I think it was like six new acres, or eight new acres of parkland to add to the City of Miami. Recently, at Morningside Park, in furtherance of the blue trail throughout the state of Florida, we kicked off a kayaking program there. We talked about having year-round swimming pools. By this year -- by next year, we should have six of our swimming pools that are year-round as opposed to the two that we have today. The Chairman and I also attended the ceremony where we installed anew artificial turf at Curtis Park. Commissioner Sanchez and I will soon be breaking ground at the Jose Marti gym. The Parks Department has hired a landscape architect, an issue that I know is important to all of us. We have new programs, like Shakespeare in the Park, Jazz Brunch on the Bay, PJs in the Parks, movies. We're showing movies. We're getting a thousand people to show up to our parks and watch some of these programs. Jose Marti has an aerobics class and a water polo team. At Robert King High we have a Say No to Obesity program, and on and on and on, and so obviously, we've seen some of these changes that have radically improved the service that we're providing in our parks, the look of our parks, the design of our parks, and this master plan today is our vision, a vision that we will leave for those that succeed us to be able to implement a park system that is one that we can all truly be proud of. We have with us the great firm of Goody Clancy and David Dixon and Larissa Brown, who have done an outstanding job in producing the document that you have in front of you, and of course, I would ask that you support it. Thank you. Chairman Gonzalez: Thank you, Mr. Mayor. Good afternoon. I'm sorry. Good morning. Still in the morning. Yes. David Dixon: Good morning. Unfortunately, if we could do an equal equally outstanding job of getting our PowerPoint to go. Chairman Gonzalez: We need name and -- Larissa Brown: It's coming. It takes -- Chairman Gonzalez: -- address for the record. Ms. Brown: --time. Mr. Dixon: OK. Mayor Diaz: Thank you. Mr. Dixon: I'm David Dixon. I live in Boston; work for Goody Clancy & Associates, and my abled colleague is. Ms. Brown: Larissa Brown, also from Goody Clancy, and it's coming up. It just takes a while. There we go. It's coming. Chairman Gonzalez: We need you to speak on the mike because we can't hear you. Mr. Dixon: Thank you. OK Once again, I'm David Dixon, and it's areal propound pleasure to be here this morning and to be able to address all of you. This has been a hugely important project to us, personally as well as professionally. This has been a wonderful community in City ofMiami Page 58 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE Thls su bmitlal needs to be scheduled for s public hearing which to work, in part because of the, I would literally say, unending and u Ins�c — d,'m 1h. se fMh lnthe City of Mlami Code. The appllwble decision -making body will Ne 'information at the pubec hearing to renl,,e that we've had a chance to experience and enjoy on the part of City staff, on emmend. th.,e hne lhd"'nort community people, on the part of elected leadership. One test we use in our PZ-20-6058 wee bit blunt here --is if we have a citywide workshop or a public meeting and 09/19/22 come, do they come, say hello, and leave, or do they come and stay for the day? project where, meeting after meeting, the Mayor and others came and stayed for the en and that is areal sign to us of the interest and enthusiasm. I will also say that we have probably received more e-mail (electronic) from the good citizens ofMiami in this project than all the other work we've done over the last year as an office, or last two years. It's a -- this is a -- project elicited great interest. I want to personally thank a couple ofpeople, Ana Gelabert-Sanchez, Enrique Nunez, and Harold Ruck, from the Planning Department, certainly, Ernest Burkeen and Lara De Souza from Parks & Recreation Department, and certainly, the Mayor and all of you for your wonderful support. I will also say that there're a whole series of people that I couldn't possibly name who work for the Parks & Recreation Department, work for Planning, work elsewhere in the City who have had just tremendous ideas and clearly care a great deal about the City's parks and public spaces. I'm going to speak in headlines because out of respect for your time, and my gosh, once I had a chance today to see the incredible difficult issues that you must deal with meeting like this, so please note questions and ask me about anything I don't cover sufficiently, thoroughly. I'm going to focus on the major opportunities and the challenges, and boy, you, like any city, have many challenges, and I hate to add to them, but to realize these opportunities, there are challenges that need to be met. Four key themes and commitments that, I think, we feel are critical, and we feel the City is well poised and ready to step forward and respond to, and then principles, actions, and some examples of the kinds of things that can be accomplished. As a brief historic overview, the City ofMiami has struggled to create a park system, probably comparable to other cities, for many decades because it's not something that the City did at the start. Unlike the cities that grew up in the industrial era and early in the twentieth century and (UNINTELLIGIBLE) late nineteenth century, invested in marvelous park systems, Miami didn't grow that way, and so it didn't inherit the kind ofpark system that many cities did inherit today. Miami is seeking to do -- to create a twenty-first century park system at a time when that isn't easy. We live in a world in which the public sector has fewer resources than it did historically in which land cost much more, in which, clearly, as I've had a chance to understand very directly this morning, cities deal with very many complex issues that they didn't choose to deal with in the early twentieth century when they invested in parks, so that Miami clearly is a city that, while it has close to a thousand acres of city and other owned land, is a city that, say, has many opportunities to capture. One of the things that has struck as -- of -- as we really come to understand Miami is that probably more than most American cities, maybe almost than any American city, it is a city in transition; there has been a remarkable change across this country in the demographics of who we are as Americans, meaning that many more people are potentially interested in living in cities and moving back in rather than out. There are cities that are simply letting this happen to them, and there are cities that are choosing to manage growth and change for community benefit, and Miami, certainly through Miami 21 and this process, is in the forefront. Miami is one of the very -- I was struck with really -- and very much appreciate the fact that Miami is one of two cities to adopt the labor policy that you did this morning. Well, Miami is also one of the very few cities that has chosen to tackle the very difficult topic ofplanning for a twenty-first century park system, and to really use the renewed wealth that is flowing into the city and other cities to enhance quality of life in this way. There are tremen -- let me come back. There are real opportunities here. This is a city of unmatched diversity, clearly, in America, and that means that it's a city that needs a broader range ofparks to really respond to the aspirations and needs of a very diverse population. It is a city in which -- can really benefit from the ways in which parks can connect people to their own neighborhoods, to other neighborhoods, and to the core of the city, and I'll talk a little bit more about that, and it is a wonderful opportunity to really connect people in Miami to the City's wonderful nature and the water that surrounds it in away that hasn't yet happened. There are significant challenges. Miami will need to commit -- and I think you have -- to maintaining and enhancing the parks you have to really adopting a culture that says that each generation will City ofMiami Page 59 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE rni. eobn,idal needs m to"hed"i'.d mr a p�bg, healing hand over a better park system to the next generation than that which it inh 'naa°rd °w"" lin.°dfMhinthe City& Miami Code. The appllwMe decision -making body will reNewthe inlormativn at the pubec hearing to rentler e expandingparkland, growingpark budgets, clearly at a difficult time, and w mmendA., vra hnal tlecidort ways, and building a new culture ofpartnerships because no city in America PZ-20-6058 system and operate it on its own. It needs partners to reach out into the comm 09/19/22 started that process. What you will gain is a legacy that I think --we think can be model for a great tropical park system and public space system; say a system that rea the people of its city in ways that can make a tangible difference to the quality of life in every Miami resident, and we want to talk about that, and really position the City; provide the enhanced quality of life that should support a growing population. We couldn't possibly have done this project without -- Chairman Gonzalez: We lost quorum. We lost quorum. Vice Chairman Sanchez: Yeah, we did. Mr. Dixon: And I need to ask, should I continue or pause? Vice Chairman Sanchez: No, no. Chairman Gonzalez: No. You -- Vice Chairman Sanchez: They'll come -- Jorge L. Fernandez (City Attorney): Well, to the extent that there will be a vote required as part of this item, you should wait until we have quorum so that all the -- Vice Chairman Sanchez: Quorum. Go ahead. Mr. Fernandez: Quorum back. Chairman Gonzalez: Quorum back. Go ahead. Mr. Dixon: OK. Thank you. We couldn't possibly have done this project -- we couldn't have done it and we couldn't have done it very well without a absolutely thorough and comprehensive public outreach and civic engagement process, so we met on a number of occasions with neighborhoods across the City, at least two meetings in each NET (Neighborhood Enhancement Team) area, a whole layer of meetings with people who are advocates for various aspects of the park system beyond this, and we learned a great deal. One of the things that we learned, in particular, that I think we couldn't possibly appreciated without this process is how a -- such a culturally diverse community uses parks in very different ways, often the same park at the same time, and that's areal source of richness. This plan is about long-term policy to basically provide guidance for management implementation. That means understanding what a park system can and really should be about in the twenty-first century, a framework for decision -making about preservation, acquisition of land, and also establishing a -- sort of new era of -- sort of a new culture of cooperation/coordination between agencies and with partners in the larger community. There are some major headlines here. Clearly, not only no net loss, but growing this park system of --as the City moves forward. One principle is that there should be a park and a well programmed and design park within walking distance of every Miami resident. This will involve adding 60 acres that we've identified, and I think more land overtime, but there are -- and certainly, providing everybody in Miami ways to enjoy and appreciate water and the nature of this place, but in addition to new land -- and in addition to new land, this is really about capturing the potential of every park, the activities that really serve the unique culture. Do kids play soccer or football or basketball or baseball, and -- who lives in these neighborhoods, and how can they use parks? How can we make these parks safe, comfortable, and connected to the neighborhoods with green streets and improvements that make people feel City ofMiami Page 60 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE ThIs au bmittal needs to lx scheduled bra public hewing safe and invited to walk to the parks they have, and the Mayor noted that M in auord.,,'- , bmalinse set tort^ in the City of lf4 Mlami c-Theapplies Ul decision -making bfdywill roNewthe inlvrmativn at the pubc hearing to n,nde, e tremendous strides in increasing the --what it spends on parks. Frankly, it mmendatob or, final decid,, major steps towards a goal that is still higher of a budget of at least a hundre PZ-20-6058 0 on its park system and we'll suggest ways to fund that. Access is really the key. 09/19/22 graphic in front of you, you'll notice a set of tan areas, you'll notice green squares; parks; white and yellow circles, those are ten- and twenty -minute walks to a park, ana notice tan areas. There are two messages here. Not all those green squares are what they should be to serve the people who can walk to those parks. That's element one, and two, where you see those brown areas, it's particularly important to add parkland so that everybody in Miami can walk to a park. This means, in particular, acquiring land that is of unique value because of its access to water, the views it offers, the ability to provide people a chance to walk to a park. Before I talk in --sort of in a finer grain nature about the really sorts of nuts and bolts of building this park system, there are certain headlines that really stand out, because Miami has some just spectacular, I mean, literally spectacular, opportunities to build on the system it has. First is a grand downtown park ofparks. We sort of like to say in the office that Miami has the chance to create the greatest Central Park in America in the twenty-first century, because if you think about Bayfront Park, frankly, the Bayfront, I'll call, Shopping Center, for better or worse, the American Airlines Arena, Museum Park, the Performing Arts Center as one single park experience, augmented with fountains in which kids could play, spectacular fountains, maybe floating swimming pools, programmed activities, the kinds of concerts that could occur. This great park of parks, this great central park could be a place that everybody in Miami thinks about coming to on a weekend so that this very diverse community has a single place to come to and share experience at the same time, and a place that can even --can add to the citywide symbols that the City has now as something in which everyone can identify with, can -- something that can touch everybody's life that is shared and central to Miami. Clearly, the -- we're -- right next to where we are now, the Expo Center can become a true -- and it's on its way to becoming, I think, one ofAmerica's really signature wonderful waterfrontparks and greenways. In Flagami, the ability to -- by the Police Benevolent Association, and connect a series of open spaces, creates a place for another central park in much more of a neighborhood context, so with these sort of spectacular opportunities in mind, there is probably a still more important web of actions that extend across the City into every neighborhood, and these are about connecting a green infrastructure that connects people to parks and to -- neighborhoods to each other, about really achieving the potential that parks have to bring people together and enhance their sense of community, offering people, literally of all ages and people who face various kinds of disabilities, chances to play and play together, and a chance to really enjoy nature and appreciate nature, experience nature. There are four commitments here that are essential. One is stewardship, a sense of handing over to each generation a better park system more linked to the life of the City than each generation inherits. Service, fulfilling the fundamental needs for recreation aspirations of this very diverse community. New cult -- mention culture ofpartnerships where you reach out and get the help that is out there and you will clearly need, and a real commitment to design excellence, to parks that really enhance and are proud symbols and signatures for their neighborhoods. Now, I'm just sort of walk through how some of these opportunities and -- are -- or commitments and themes translate. First of all, connection. It is not -- as we certainly understood, you know all so well, you live in a complex urban world, in neighborhoods that present very different realities, so one of the real considerations is not only do you create a greatpark, but how do you connectpeople to it? The park/walk symbol you see at the bottom here is all about working with each neighborhood to develop safe routes to parks, to help neighborhoods, to enable neighborhoods to help the determine what kinds of investments, in terms of greening streets, et cetera, can create inviting walks to parks. How do you relate the connections to parks to retail in some of the things that you were talking about in the previous discussion to the life of each neighborhood? Wonderful opportunities to complete the river walk and bay walk. This is just a terrific resource for all of Miami. Opportunities to use programming to create temporary spaces; closing Bayshore Drive on Sundays for biking and skating in Coconut Grove, but there are opportunities across the City. Using parks to really celebrate the different cultures that, together, collectively, I should say, City ofMiami Page 61 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rnis eobminal needs m a�hea�i�.e mf a padef: heahng make up Miami. One of the things we noted was not only the realpride tha GOeds ",t—in.°d fMh in tha City& Mlaml Cfaae. TheappU.Ud decision -",Xing bony will redewtheinm'"ason at the pabec hearing t' renders community and the African -American community take in signature places in moo""sodden ofabnz l eeciden neighborhoods, but how much pride other people take in the fact that their ci PZ-20-6058 places that really celebrate the best ofAmerica's diversity, and it's a -- it's som 09/19/22 can do for everyone. Parks need to be programmed and unprogrammed, and we r remember thatpeople of every age need to use parks. We tend to do our bestjob arom often, and we shouldn't forget that, but Miami is a city of, I'll use the word again, spectacular nature, very subtle nature, but nature that -- that everyone can enjoy to an extent that they -- goes beyond their ability today. The Mayor mentioned the fact that you are opening pools. I found it immensely ironic that I come here to enjoy water in the winter and a lot of kids in Miami can't, and I think this is a first and very important commitment, and then, clearly, there are, in many ways beyond that, to bring people -- water to people and people to water. One of the things that really struck us, there are many streets that simply end at the bay, for example. Some of them offer opportunities for simple benches, others for small parks, but these are wonderful ways -- places that people could gather late in the afternoon and enjoy the fact that this is a waterfront city, even if they live blocks from the waterfront. There are certainly -- now we move into really what needs to be done to achieve the opportunities that are out there. This -- Miami clearly would benefit from a whole new era of more active programming and really making sure that kids of every age have places to play and places that bring different kinds of people together at the same place to share activities. This is --sketch here is of a possible park in Little Haiti. It frankly happens to be right next to a highway off- ramp, which means that this is a park that would be convenient to kids across Miami, and it's a way in which recreation can bring people together. Miami is a city that has an immensely dedicated park staff. It is impressive to talk to people, to talk to park managers and others, horticulturalists, et cetera, but they need -- you need more of them. They need more staff. There're more programs that they are willing and should operate. This gets us to -- and again, I'm speaking in headlines, and please ask questions -- to the need -- if one looks at national standards, to aspire, over coming years, to continue to raise the Parks budget to a goal of a hundred dollars per capita. You can read the list here and ask more about it, but there are a number of ways to get there. I should telegraph ahead and say that no city in America can support a park system without dedicated revenues there. As we heard this morning, there's just too much competition for dollars to come out of your regular budget, although that needs to be part of it. There clearly needs to be a commitment to not use parkland for other purposes, no matter how noble, whether it's schools or fire stations. Those need to -- land costs need to be recognized as part of those budgets; otherwise, your parkland will disappear. There are many opportunities we've noted for adding park resources, some of them simply involve increased collaboration with Miami -Dade Schools and other agencies that own land, some of them involve simply using the land you have in ways that really invite people to enjoy it, but at the same time, there is clearly the need to add land as you can and where you can, and in some cases, to be very Frank, this involves a new generation of agreements with developers to make land -- to create land ofpublic value and public use parkland as they create land --as they create private value. You have the chance, and I --we mean this very seriously -- to create, in many ways, the greenest and most sustainable park system in America, and that's, in part, because you're going to create probably not the newest, but you will --you are embarking on one of the most ambitious reinvestment in parks programs in America, and I want to just note that many of the --of what --things you can do are technical, the planting to use, etcetera, but one of the real opportunities is the ways in which you invest in people as well as places, because environmental education -- the park managers are ambassadors from the city to the community. They engage people in amazing ways, and to help them around environmental education is a way to educate the entire Miami community. Clearly, noted a number of times that friends groups are absolutely essential. Frankly, it's one way to channel increased private wealth into the civic realm, into the public welfare through parks, creating a citywide parks, friends group; certainly a reinvigorated, reconstituted Parks Advisory Board, a system that extends down to every community, and frankly, there are many spaces that have the ability to inspire friends groups, people who can help the City invest in and maintain and program parks that you have. Design District Park is just a wonderful example. There are many ways to fine-tune City ofMiami Page 62 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rni..0,nmal needs m � Ihedeied mf a pabk heahng management, to diversify funding. I think everyone -- you know better than n.�onb. .ffl, tlmelines.dfMh in the City& Miami CWe.Th appliwhle tleci. n-ma king bfmy will reNewtheinbrmativn atthe pabk hearingt, rend,,, investments without real commitments and dedicated funds to operations an mmendatlen pf a final eecid,, almost a cruel hoax, and so really understanding long-term funding. There a PZ-20-6058 ways to think about this, some very simple, just making sure that whatever the 09/19/22 the Parks and Recreation Department charges, it is able to capture back and use programs and activities, and much of this begins with a new commitment, and J know very interested in this and is well on its way to really understand the cost of the parks different operations and programs, and then to make sure that there are ways to make these programs available to people of many income, some of whom cannot afford the costs, others who can. We've mentioned that there is a need to increase the per capita funding. I think looking ahead, the funding opportunities have a lot to do. This is a city that was bankrupt a couple of decades ago. I mean, not that long ago. It is a city now of growing wealth. It's a city that's clearly committed to using this growing wealth for public benefit. It will be critical through bond issues, through impact fees, through funds raised from development in other forms of investment to really build a strong operating and maintenance budget, in addition to a budget for capital improvements. I would probably come again to stress here the need for -- to endow special parks and activities so that there is dedicated funding available in tough years, as well as good years. It is interesting -- Lourdes and I were -- did a quick survey of-- there are a number of publications that talk about most admired cities, best cities to live in. It's very interesting that many of them spend roughly ten percent of their budgets on parks. That's considerably higher than Miami has been able to, but they don't do this out of traditional resources. Certainly, they use a portion ofproperty taxes and overall budgets, but they also create dedicated fees related to development and other forms of investment in the City. Design certainly makes a difference, and you have some terrific examples -- Margaret Pace Park and Juan Pablo Duarte -- of beautiful parks that, through their design, really encourage activity, and are much beloved by the neighborhoods around them, as I hope you know. There are things that you can clearly do early on and are doing. Opening the City's pools and the --and creating the dollars necessary to do that are clearly important; organizing -- reconstituting, I should say, the invigorating Parks Advisory Board to really connect the community of support to this effort; going out and beginning the process of building a citywide parks partnership. Friends of the Parks would be another critical next step, and in the process, I think you're doing something that is just wonderful. You're really honoring the word "urban, " the quality of life that cities can offer their residents. You're demonstrating that, as a city develops, it can become more natural at the same time, and you are connecting a wonderfully diverse community to each other and to the city that clearly many people love, so I look forward to your questions and comments, and thank you for your attention, and again, for this opportunity. Chairman Gonzalez: Thank you. Mr. Dixon: Thank you. Commissioner Sarnoff: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff: I'd like to congratulate David Dixon of Goody Clancy. He just won the 2007 -- Mr. Dixon: Oh, thank you. Commissioner Sarnoff: -- Thomas Jefferson Award, which I believe is a prestigious award that recognizes his achievements in the public sector of the creation of parks, so I think, on behalf of everyone here, we should thank that -- the Mayor and the City Manager for really bringing out a great program that allowed us to hire Goody Clancy -- City ofMiami Page 63 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE k-, bmi" I needs b tx"heaolee bra "bec hearing Mr. Dixon: Thank you. —ne— ffl,hnansadfMhinth,City & lCWe.Th apphwhtebsi—n-making bWy will thembrme ,atthep,bchearingt, rend,,, Commissioner Sarnoff: -- andprobably something that I think everybody laPZ-20-6058 outreach that they gave to the citizens and the input the citizens gave. I thin09/19/22example of how we should do things, and hopefully, allprograms that we do especially touching green --we can certainly live up to the example you provided to us, citizen input, and hopefully, we can then do something to implement it. Let me just cite a couple of things I'd like to state for the record. I am concerned by the phrase "guiding tool" in the legislation. I'd like us to simply state that we will direct all efforts at implementing the excellent recommendations. Oftentimes, in the past, we've used the word "guiding tool" and that guiding tool became a loose-leaf binder, and that loose-leaf binder -- I think there are about eight of them sitting in District 2 that have never been implemented, so I'd like to not fall into that trapped door of the guiding tool, and I'd like us all just to simply say we will implement these recommendations in the best practices and manners that we can. The next thing I'd like to say or maybe ask is, we know that we have a Parks Advisory Board that has not met, and I know we're going to be sunshining it. I believe the City Attorney's going to be bringing an ordinance to sunshine it, and I know that we had said let's get the new legislation on the board in the next 60 days. I'd really like to offer a challenge. I'd like to have that on the board, the new legislation -- this is the end of June. I'd like to do it some time in July so that we don't go into the summer without a Parks Advisory Board, or at least for us to know that we can nominate some folks to the Parks Advisory Board. I know Goody Clancy, on page 52 and 53, that's a strong recommendation that you make, and I don't think that this Commission should have to make its judgments and determination without the guidance of the citizen board that I think we need. I think we all know that 91 percent of the residents of the --Miami are in favor ofparks. That's an astounding number. You couldn't get 91 percent of anyone to agree on anything, but we have 91 percent of the people of Miami wanting us to acquire more parks, wanting us to fix our parks, and wanting us to improve our parks, so I think it's something that each one of us, whether we're rich, whether we're poor, or whether we're middle income, whether we aspire, or whether we're retiring, each one of us, to be a great city -- you know, if you've ever been to Madrid, Barcelona, they live in very, very small houses, very small. Matter of fact, I think most of us would say unacceptable by our standards, yet their park system is to be marveled at, and if you would see the Saturday and the Sunday that they all go out to the park and it becomes their social time, I think it's something that we can come back and say, wow, we have bigger places to live, but we also -- it's the place we can meet, and it's a place we can exchange ideas, and the cultures can mix, and that's something I think we just need to be better stewards of, and we need to actually implement your ideas, because that is where we can become a great city and meet each other on a day in/day out basis. I'd like to see us take action on the master plan, and I'd like us to -- I know I spoke to the Mayor. As he put it, let's get the low -hanging fruit. Let's pull down the low -hanging fruit. I know -- you know, I feel for the Administration because, in a very short time, probably three weeks, we're going to learn that there's going to be a significant haircut wherein, sometimes the Mayor puts it, I want to make sure they don't cut off our head, but it merely is a haircut, a haircut to the City of Miami's budget, and I'm not suggesting that we don't all deserve tax breaks; we do, but it is sometimes hard to go beyond in thinking about something until you learn exactly what your shortfall is going to be, but I think this is something that we should sort of sail directly into the wind, in the sailing metaphor, and regardless of what haircut we take, I think something that we owe our citizens -- again, rich or poor -- is a great park system, and I'd stress to my colleagues here on the board -- I congratulate the Mayor. I congratulate the City Manager -- that we implement the Goody Clancy plan as verbatim as we possibly can, and when it looks like times gets tough and it looks like there isn't sufficient funds, the one thing each one of us can leave behind is a garden patch, a better piece of land than when we found it, and that's what a park system speaks about. It speaks about a legacy. It's a legacy of giving back to the people exactly what they need, which is their quality of life, so I strongly urge each one of us that we do what it takes not to use this as a guiding tool, but to implement the Goody Clancy plan. Thank you. City ofMiami Page 64 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE �� This eoina�hea�i�.e mra Chairman Gonzalez: Thankyou. in—nea ,ffl, tlmelineseetiMh intha City& Mlami CWe. Theapphwdetlsis n-making bWywil renew the inbrm ,at the pabk hearing to rentlera bn, recommeal neeasmnaatitxin pabg. heahngon. Vice Chairman Sanchez: Is that in the form of a motion? PZ-20-6058 W\, 09/19/22 Commissioner Sarnoff: That -- Chairman Gonzalez: Comiss -- Commissioner Sarnoff: -- is in the form of a motion. Vice Chairman Sanchez: Second. Chairman Gonzalez: Wait, wait, wait, wait. Well, we have a motion, and we have a second. For discussion. We need to open the public hearing. We need to listen to the other Commissioners, too. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I want to thank you for the work you done. I attended every one of the public hearings in District 4, and as you notice in the different district by district requests, the people never ask for much; more lights, more furniture, more playgrounds, and of course, more parks. Of course, we know that there is a move, as you know, in the state of Florida whereby local governments will be hit be a budget reduction regardless of what happened. It would happen, so my question is throughout the United States -- and I know in different cities -- I had the possibility of traveling, as a working journalist, and I have seen parks in El Retiro, in Madrid, and the parks in Paris and in Rome, Vienna. There is a component of sponsorships by multinational companies or local companies. I have not seen this in the report, but I think that if we are hungry for money, we should ask you whether or not this is a model that has worked in other cities in the United States. I know in Europe and in Latin America, but what is the guidelines and the possibilities and others -- the models of other cities that use private sponsorship to maintain and build and enhance parks? Mr. Dixon: Thank you. That is a terrific question, and I'm going to try and answer it very simply. It is very important. I would say the ability to draw support from the private sector is very much a function of two things. One is committed public leadership that makes it clear that that support is really valued by the community, and a plan and strategy that demonstrates that that support will be well used, and frankly, in the spirit of enlightened self-interest, that the results of those dollars will be visible. Those corporate --and I just want you to always add the real estate development community. Those who are asked to and are willing to invest in the public realm will see and others will see the visible benefit of those investments, not just in capital acquisition, but in maintenance programs that are made visible -- whose benefits are made visible to people. Is this getting at your question? Commissioner Regalado: Yeah, so as an expert -- Mr. Dixon: Yes. Commissioner Regalado: --you would suggest to have a pilotprogram to see if that resource is well managed, if that is something that -- Mr. Dixon: Yeah. Commissioner Regalado: -- will be accepted by the whole community? Mr. Dixon: Yes. I would also add to that, one of the great values of a really active friends group is that frankly, that's a group that you and the Mayor can think very strategically about in terms of its membership. It is a way to reach into the corporate and the real estate and other City ofMiami Page 65 Printed on 611112007 City Commission Meeting Minutes communities to really help them understand, really learn about the park sysi a sense of personal ownership for the fate of the park, so I would say yes to , suggested; a pilot program is a great idea, and secondly, literally inviting A with the active advocates for parks and others and community leaders to, to� act ve f iends group is a way to build an enduring sense of commitment and that getting at your question? Commissioner Regalado: Yes, it does. Mr. Dixon: It's a terrific question. Thank you. 1�J L11Y'f]F� NOTICE Thls su bmitlaln d,b be sch.&W d for s pubk hearing In sc "ante wd,t—iina setforth in the City of A' Code. The appl,.Ue decision -making body will renew the ntorm " at the pubdc hearing to renders menda5pn nr a final decivon. PZ-20-6058 / 09/19/22 /f Commissioner Regalado: Thank you very much, and thank you for the public hearings. They were -- you guys were really pleasant with the people, you know, and you listen to everyone. Mr. Chairman, I have a question for the City Attorney. Since we are talking about parks -- Mr. Fernandez: Yes. Commissioner Regalado: -- Mr. City Attorney, can you explain -- because I still don't understand -- what is the arrangement of the City of Miami with the model of the park museum in Bicentennial Park? Are we giving the land? Are we having a lease? Have this been approve? Is that supposed to be in a public hearing? What is -- how does it--? Mr. Fernandez: What is being proposed is that the City will enter with the County in a long-term lease, and then the County will turn around and sublease to the entities, to the museums that will be in the park. That's my understanding of what's being contemplated. Mary Conway (Chief of Operations): That is correct. Commissioner Regalado: So -- but we haven't done that. Mr. Fernandez: No. Ms. Conway: We have had ongoing discussions with Michael Spring's department at the County, as well as with each of the individual museums. We have been working on a draft memorandum of understanding that addresses all of the various terms and conditions, and then our staff have also been working -- beginning to work on a long-term lease arrangement. Commissioner Regalado: But is this waterfront property the issue that would trigger a public referendum? Mr. Fernandez: Again, I -- because it is a governmental type of function, I don't believe that it would trigger that type of a requirement in the Charter, but I would need to look at it further to be able to answer your question -- Commissioner Regalado: No. I mean -- Mr. Fernandez: --correctly. Commissioner Regalado: -- because it's important that we know and that the public knows that we have not approve anything yet in terms of the land. Nothing had been approved. Mr. Fernandez.: All of these agreements with the County, as well as with the museums, will have to come to City Commission for approval, as well as to the County. Commissioner Regalado: OK The other question is about a park, and about a historic site. In City ofMiami Page 66 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rn1, e,io id,[eeesm to I,,neee�e m,, pbk he ,9 the last Commission meeting we discuss the old Miami High building and t na oree" aw6h"me,dd ii °"b'n'be�"�° p p p� Mlami Code eepplicade pub'on- 'gton,nd,,l to become the park office in the East Little Havana area. We directed the A �NeM"e�� � dko°a,ofne[d," eoeef bati on©rannai eeueo�. the $55,000 needed from historical bond issue money needed to finish the moA, PZ-20-6058 the State grants for Miami -Dade Heritage Trust. Do we have the money alrea 09/19/22 understand that we are about to lose the State grant if we do not -- if they do not a the money needed to move the old Miami High building, which, by the way, is going to park office, which, by the way, is part of this -- this is what we are seeking here, to implement, as soon as possible, the park master plan. Do we have the money? Ms. Conway: Commissioner, we have -- the Dade Heritage Trust, as well as Kathleen Kauffman and Meredith Nation, on behalf of the City, have been speaking with the State, and the State has verbally agreed to a one-year extension regarding their $350, 000 grant. City staff have also been meeting with Turnkey Construction, the apparent low -bid contractor, as well as the architect, as recently as several days ago to review the plans, the -- all of the terms, and we are now working on developing contract terms that'll be acceptable to the City's Risk Management Department to be able to proceed with the project, and we're also assessing whether all of the elements of work and associated funding have -- are addressed adequately, including costs for insurance that will be required, so as soon as we have completed those efforts, we have committed to working to identify the funding so that we can complete the work -- the restoration on this building, which is now a City -owned building in a City -owned park. Commissioner Regalado: Translation, please. Do we have the money now? Ms. Conway: We've committed -- we've made a commitment to identify the -- Commissioner Regalado: Huh? Ms. Conway: -- we've made a commitment to identify the funding to be able to complete the project. Commissioner Regalado: So -- Ms. Conway: It's not bond funding, though. Commissioner Regalado: -- it's not bond money? Ms. Conway: We stated that on the record at the last Commission meeting, that there was no historic preservation monies left in the Homeland Defense/Neighborhood Improvement Bond, but that we would identify alternate funding sources through the capital program that could be used to supplement the existing funding. We've also had conversations with the County regarding additional general obligation bond monies that are available so that we can make a subsequent application for additional funding on an as -needed basis either to complete this first phase of the project or the second phase, which will be required for the building to actually -- this first phase is to stabilize the existing building, and we'll need to go back and do a smaller second phase project so that the building can actually be occupied and used by Park staff. Commissioner Regalado: So we can be sure -- you can be sure that we can do this? Because the extension of one year sends a message that this is going to be held up for one year. Ms. Conway: No. We're anticipating, as soon as we can get the contract terms and conditions and the insurance issues addressed, that we should be able to have construction start within a reasonable time frame. I would think 30 to 60 days or less. Commissioner Sarnoff: How much money was that again? It's 55, 000? City ofMiami Page 67 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: Fifty-five thousand. Vice Chairman Sanchez: May I add? This was discussed at the last Commis seeking the funding. The issue is -- time certain issue, so we're doing it this wa, way, we have the ability to get it done quickly, so the issue's already been taken even know why it's being discussed here today. 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dmn. pabk heeling In—nd, wM1h tlmellne. set f,& in the City of Mlaml CWe. The appdwdle decision- naXing body will rewewthe information at the pabec hearing to rend,, e recommendation on a final d-id., PZ-20-6058 / 09/19/22 /f Commissioner Regalado: No. The issue has not been taken care of, Vice Chairman. Vice Chairman Sanchez: Yes, it has. Commissioner Regalado: No, it hasn't. Vice Chairman Sanchez: All right. Commissioner Regalado: The State was about to take the money, and that I know for a fact. If we did not come up with the money to supplement, they would have lost the State grant. Now Mary says that they are talking to the State in order to extend for one year, so the issue was not solved in the last Commission meeting. Actually, the issue is not solved yet because the State has not granted the extension for the grant. Actually, we still could lose the State grant, and we still could lose the whole project, so the issue has not been resolved, not at all. Vice Chairman Sanchez: I've been told the issue -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- has been taken care of. Chairman Gonzalez: All right. Becky Matkov: May I say something? Chairman Gonzalez: Do you have --? Do you have -- Commissioner Regalado: Can we hear from --? Chairman Gonzalez: -- an answer? Yes, ma'am. Ms. Matkov: I'm Becky Matkov, executive director ofDade Heritage Trust, and I appreciate your bringing this up again. We had spoken with the State after your last vote to find the money. I saw Dave Ferro, and he sent an extension -- he's the State architect for the Bureau of Historic Preservation -- and I said the City, at your last meeting, assured us that the 55,000 to complete the budget as we had it would be forthcoming, and he sent us a fax on Tuesday and extending -- in consideration of that fact situation, extending the State grant for a year. I was told by staff last night that, in fact, there is not SS, 000 available to put into this, so I really want to be clear that that is, in fact, going to happen. Chairman Gonzalez: All right. Let's try to come to a conclusion. You have an extension. Ms. Matkov: Excuse me? Chairman Gonzalez: You have an extension? Ms. Matkov: We have an extension -- City ofMiami Page 68 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: OK. Great. Ms. Matkov: -- that was contingent on -- Chairman Gonzalez: You have an extension. Ms. Matkov: --this -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: That's what want to hear. You have an extension. In fact, you have an extension. Mr. Manager, I wasn't here at the last meeting, but I was -- even though I was sick at home, I was watching the Commission meeting to keep abreast of what was going on and what I will have to be facing at this meeting. There was a request from the Commission to find $SS, 000 to solve this problem, and there was a commitment to find the $SS, 000 to solve the problem. What happened with the commitment? Do we have a commitment that we have the $SS, 000 or we don't have the $55,000? We need to conclude things. I mean, you know, going --talking and talking and talking. Let's move conclusive. Do we have the $55,000? I hope that we do, because if we don't, we might as well shut off the light, close the door, and go home. Pedro G. Hernandez (City Manager): Mr. Chairman, we do, but I think the pressing issue is whether there was a deadline or not. Chairman Gonzalez: Great. I -- Mr. Hernandez: We do not have that deadline -- Chairman Gonzalez: -- you know -- Mr. Hernandez: -- right now, so -- Chairman Gonzalez: --I -- Mr. Hernandez: -- we have more time to work with it. Chairman Gonzalez: --just don't want to open another debate. Vice Chairman Sanchez: We have the money. Chairman Gonzalez: I just want conclusive answers. We have the $55,000? Mr. Hernandez: Yes, we do. Chairman Gonzalez: We're going to be able to assist this lady and this organization on solving the problem, right? Mr. Hernandez: Yes. Vice Chairman Sanchez: Yes. Chairman Gonzalez: All right. That's enough. Are you satisfied, Commissioner Regalado? Commissioner Regalado: Yes. Chairman Gonzalez: All right. Great. Ms. Matkov: Thank you very much. City ofMiami Page 69 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: Commissioner Spence -Jones. Thank you, ma'am. Spence -Jones. Commissioner Spence -Jones: Yes. Basically, I see that there's definitely support Chairman Gonzalez: Because otherwise there will be -- 1�J L11Y'f]F� NOTICE rn1, eobnidal needs m Ih.&wd m, a pbk heahng in r<ord—wM1h hmellnes set f,& in the City of Mlami CWe. The appliwd, decision -making body will rewewthe inlormadon at the pubec hearing to n:nder a --lotion or a final decison. PZ-20-6058 / \\ 09/19/22 /f Commissioner Spence -Jones: I just had one quick question, and it doesn't really have that much to do with the plan, but it does somewhat tie into the plan. As you know, I think the three of us, Commissioner Gonzalez, Commissioner Sanchez, and I have three major parks coming on line, huge parks, as a matter of fact, Little Haiti, Grapeland Park, and of course, the expansion of Jose Marti. Just in the Little Haiti area, I can tell you, from my experience in what's going on now with the Little Haiti Park, I think we're well on our way with Mary's department and Ola in making sure that the park gets completed in a --now in a timely fashion. It's moving rather quickly, but one of the concerns I have in discovering and trying to pull all this stuff together regarding the Little Haiti Park is there's not a lot of thoughtput into the operational budgets or things in order to run these parks. I mean, clearly, in Little Haiti, for instance, that is going to end up being almost maybe a little bit more than a $30 million investment, and now that we're on the right track with at least getting the building completed, I asked a question with Miami -Dade County -- happen to have a meeting with Cultural Affairs on it -- was what is the steps to actually run the park? I mean, is there a budget put in place? Is there a plan put in place to operate this facility? Because clearly, it's not going to just be a park anymore. It's going to, you know --just green space. There's going to be buildings. There're going to be other things in order to operate this park, so the question becomes -- I heard the other day, Mary, you know, that now we're up -- ahead of schedule, correct? Ms. Conway: Yes. Commissioner Spence -Jones: In the beginning, we were going to be finished now in the early Part of'08; now we may be finished in the endingpart of'07, so I -- my only concern would be, you know, with all these things that we have -- and Grapeland, too, because that's going to be a awesome park -- what type ofplan is actually being implemented as apart of this overall plan to address, you know, putting together an operational plan before the parks actually get built? Ms. Conway: Mary Conway, chief of Operations. You are correct that Pirtle Construction has advised us that they expect the cultural center to be completed by the end of 2007 or the beginning of 2008, which is several months ahead of schedule. As we work annually in the development of the capital plan, a portion of that that we present to you is the associated operational budget impacts that will have to be addressed through the annual operating budgets, so the Parks Department, the Parks Director and his staff have already been working on conceptual operating budgets for all of the new facilities in the various parks. In addition, considering the specific nature of the cultural component of the Little Haiti Park that is not necessarily a traditional park operation, through the City Manager's office, we have reached out to Michael Spring, and we're in the process of setting up a detailed follow-up meeting so that we can -- and you're exactly correct that it is very timely, because the construction has been advanced, so we expect, within the next several weeks, to sit down and to immediately kick into high gear the development of the operational plan, and then the budget. We're about to begin our internal operating budget cycle process for the upcoming fiscal year, and all of that will be incorporated into that. Commissioner Spence -Jones: And I just want to say, in closing -- and the reason -- and again, the only -- I'm glad that you guys are doing that now, but I'm sure that's happening off of the heels of the meeting that Ola -- we had with Michael Spring's office, which basically, they said they submitted back in January to the City Manager and to our offices regarding the fact that City ofMiami Page 70 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE Nthat, bmidal needs m to s�ded"i'.e mf a P�bgn deaf,ng they were very concerned that there was no operational plan put in place jore— ffl,bmallns°� fMh in the City of CWe.Th appliwdledecision-naXingi,Wywil standpoint of really even being able to have the dollars to even operate themllbep�dgcdea,�nglc neerndadon or a final eecid,, I'm glad that that's going to be happening. We have setup, so thatyou knoPZ-20-6058 task force to make sure that wepull together thepark -- and Ola's heading 09/19/22sure that we don't get caught, you know, with, you know, having a facility a run it, and especially if we plan on now opening -- or not opening; being ready to go of this year, so it's things that like that -- I just want to make sure that we -- within this plan and other plans, that we decide to create that it's not about just building the parks, you know. It's not about just maintaining the parks. It's about making sure that we put together a strong operational plan to make sure that they can sustain themselves. Ms. Conway: We understand that. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: That's my only comment. Chairman Gonzalez: All right. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: No. Vice Chairman Sanchez: No. Chairman Gonzalez: We -- no, no, no. Calling the question. Anyone from the public that wants to speak on this item, please come forward to be recognized. Yes, sir. Your -- Robert Flanders: Good afternoon, Mr. Mayor -- Chairman Gonzalez: I guess you -- Mr. Flanders: -- Mr. Chairman. Chairman Gonzalez: -- know the rules. Two minutes. Mr. Flanders: Yes, sir. My name is Bob Flanders, and since 1981, I've resided at 720 Palm Bay Lane, Miami, Florida. Actually, I've lived in the City since 1968. Before I actually address the issue at hand, let me address Commissioner Spence -Jones. We, on the Bond Oversight Board, have had a complete and satisfactory presentation from CFO (Chief Financial Officer) Larry Spring. That, in fact, something that the Bond Oversight Board, since its inception, over five years ago, has pushed for and that was a line item in the City's budget, following the insertion of a bond oversight board project. As you know, 43 percent of our projects are parks, and we were deeply concerned with the past performance of the City. That was, we build it, and then we don't maintain it, and I'm very happy to say -- and I can speak on behalf of my fellow board members - - that we were delighted with the turnaround and the City's thinking on that particular subject. All right. To address the issue at hand, first of all, I would like to congratulate David Dixon on receiving the Jefferson award. That's quite an achievement. Currently, as you know, I serve as chair of the Bond Oversight Board, and I've served in several other capacities in the past eight years, including seven as a member of the Parks Advisory Board. I'm also a cofounder and an officer of the Upper Eastside Miami Council, and I'm now on the executive board of the Urban Environment League and the American Legion in the Upper Eastside. This is a very special time in Miami's history that literally comes only once in a hundred and ten years. This legislative body is now standing on a crossroads, one that will separate Miami's bright future from the sins Of omission of the past by embracing, adopting, and implementing the idea and ideals of Miami's City ofMiami Page 71 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE ThIs submittal neetls b be achetlulee br a public hearing first everparks masterplan. This Commission creates a transition that will na�nrdan,, d,dnedn eet f.& in the City of Miaml Cede. The applicable d-sivn-making body will reWewthe inlvrmativn at the pubec hearing to rentler e every age group, in every neighborhood, and every community. As a memb mmendAonvr a final deciden Advisory Board, I debated and voted for the resolution that requested that the «PZ4-20-6058 support a master plan which would be created with high public input so that 09/19/22 its citizens what they want, and Gooding [sic] Clancy's innovative parks master p the opportunity to create this new reality and a new perspective about our city and ho and our opportunities to enjoy a higher quality of life and improve our world. Every city, as Commissioner Regalado pointed out, is measured by the quality of its parks, and this plan provides for both quality and the creation of healthy recreational opportunities. While some may demand perfection, that degree ofperfection can only be achieved in heaven, not here on earth, and as Shakespeare said, speaking of Shakespeare in the Park, it isn't the length of time on the stage; it's our performance, so you are presiding over the most remarkable turnaround ever achieved in a large city. This master plan for Miami's parks furthers that goal. It is a living, breathing plan that will be a work in progress that can be tweaked as changes are required by the community. It is a paint by numbers that can be filled in incrementally as the City can afford it. We want to thank Mayor Diaz and you for your vision, your leadership, and your -- and the progress that we're experiencing, and thank you to your staffs, City staff, the Parks Department and Parks director, Ernest Burkeen. Thank you. Chairman Gonzalez: Thank you. Yes, sir. Good morning. Louis Bourdeau: Good morning. My name is Louis Bourdeau, 685 Northeast 64th Street. I'm here to speak on another item a little later, but I figure I'd take this opportunity. I'm a nine-year resident, 200 feet from Legion Park, and my mother and I use it practically everyday, so I really appreciate the Mayor's initiative to work on a master park's plan; I agree with Commissioner Sarnof's motion to, you know, implement what was -- we had a great workshop; a lot of good ideas. I attended Commissioner Spence -Jones workshop for Little Haiti Park, so I really appreciate all the effort that are made to improve the parks, and I do agree with Commissioner Spence -Jones that the operational budget -- I work with the folks at Legion Park; great staff, and the more that can go into the operation, the better. Thankyou. Chairman Gonzalez: Thank you, sir. Anyone else? Gepsie Metellus: Good morning. Gepsie Metellus, 5000 Biscayne Boulevard, with the Haitian Neighborhood Center. I want to -- there's so much to be said, but I'm going to, in the interest of time, try to contain my appreciation for this plan. I want to first congratulate you all, and of course, commend the Mayor for this wonderful vision of what Miami's parks look like. I think that this is your wonderful legacy. It's your legacy, and I think that you ought to make sure that - - you've heard it before -- in addition to the capital resources, the operational resources also be put in place, we ought to promote ourparks in the City such that we help to promote and create a culture of recreation by the residents of the City, and I think that we're poised to do that. I think that the wonderful promise of after -school programming, summer programming in these parks will be a wonderful, wonderful opportunity, and I especially lookforward to, Commissioner Spence -Jones, what's going to happen at the Little Haiti Park, and so I commend you for this wonderful vision, Mr. Mayor, and I hope that this will be the greatest -- one of the greatest things that happens to the City of Miami, and I totally support your -- Chairman Gonzalez: Thank you very much. Ms. Metellus: Thank you. Chairman Gonzalez: Anyone else? Nina West: Good morning. My name is Nina West, 3690 Avocado Avenue, Coconut Grove. I'm here on behalf of Miami Neighborhoods United Parks in Public Space Committee. First of all, I City ofMiami Page 72 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE Thls su bfnitlai needs to be sch.&W d for a public heahng want to thank the Mayor for doing this, and I want to thank whoever wrote 'n°�°'°°"�"""°"�°'°"h inthe City& Mlami C We. The appii.Uo decision -making body will Newthe i ntormation at the pu bk hearing to and e Qualifications) that brought us Goody Clancy because we couldn't have ask mmendgd on or a fn, i Decin on itq process. We really appreciate the public process, and we are asking the May PZ-20-6058 provide us with the same for Virginia Key, because this is truly the people's par 09/19/22 even though its budgets are going to be cut, we always have enough policemen. when we were broke. We always have enough firemen. We had enough when we were and we'd like to have our parks, so we suggest for small parks, we have a small park impact fee. I'm suggesting the Mayor, who travels a lot, go visit with Mayor Daley in Chicago for Commission Regalado's information. They have the best public private partnerships, and Minneapolis has a wonderful system also, so I think that to visit Mayor Daley would explain to the Mayor how successful he could be with the public -private partnerships because Mayor Daley is the U.S. (United States) champion mayor ofparks, and then I want to thank Commissioner Sarnoff very much for championing the parks process right along for the people, and Goody Clancy has done a lotfor us, and our Commissioner has done a lot, too, by urging us to adopt and implement this. We understand that a master plan is a master plan, but it's more than aspirational, and -- sorry. Want to thank all of our Commissioners. I want to thank the Mayor, and I want to find the money, and I think that the money can be found, and we also should be looking for the impact fees that were not collected for parks last year and the year before when we had the big permit boom right after the impact fee was enacted, and we can add to our impact fees for small parks specifically, so thank you all -- Chairman Gonzalez: Thank you. Ms. West: -- and we appreciate it. Chairman Gonzalez: Thank you. Anyone else from the public? All right. Seeing none, I'm closing the public hearing. I'm going to be the last one to speak. I believe the plan is -- it's a beautiful plan. I believe it's something that we all need to support. The job of the consultant has been great; the leadership of the Mayor, but let me tell you, building parks takes more than a consultant company, public hearings, and a poster. It takes a lot of work from the Administration. It takes a commitment from the department that supervise and implement projects, and I'm telling you this by experience. I've been trying to build two small parks, a linear park on 20th Street. It doesn't have a problem of funding because I was sure to secure funding back then two years ago. Maybe now the cost is double, but I've been asking about this linear park every other month, and every time I ask, I get a different version: Tomorrow, next week, Friday, Halloween, Christmas, Valentine's Day, you know, whatever. I got a hundred thousand dollars, as each one of us got from Commiss --from Vice Chair Sanchez from the Bayfront Park Trust. I dedicated those hundred thousand dollars for a pocket park in Allapattah. It's not a big project. It's not a water theme park. It's not a project --you know, it's not Coney Island. It's just a pocket park. All it's going to have is two shelters, a vita course for people to exercise, and a playground. Believe it or not, the money was secure, the order was given; it's been three years, and you know what? Maybe I will retire, and then I will never see the park because every time I ask about it, you know, I get different versions and I get --and you know what? What's sad about it is that at the time that I requested the park to be built, it only costa hundred thousand dollars. They didn't build it, and they procrastinated on it, as long as they did, like, you know, something that they like to do -- you know what the biggestproblem is here -- it's not only on park, but on everything else -- every time you call the Administration, they tell you what you want to hear, and yes, sir, yes, sir, yeah, yeah, yeah, yeah, yeah, and then, you know, two weeks later, they forgot about it, and you have so many other things that you also forget about asking again, and you know, but the bottom line is that when I check a year and a half later or two years later on this pocket park that was going to cost a hundred thousand dollars, that it was a grant that we received from the Bayfront Park Trust, they told me it was going to cost $200, 000, so by now maybe that park will cost half a million dollars, you know. I don't know, but that is, you know, the problem that we have, not only about -- Vice Chairman Sanchez: Wait till next year. City ofMiami Page 73 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: -- getting the land or getting the money -- Vice Chairman Sanchez: Wait till -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: -- but making sure that the Administration follow our legislation directive and build the project. On the Grapeland baseball fields, I should have had the ribbon -cutting ceremony in that park two months ago, but we do such a great job on supervising the projects that we do that thanks God that I decided to go to the park myself, walk the park, and I found out that what was in the drawings -- they didn't follow what was in the drawings -- two items were missing; there was a mistake on the fence, there were three or four or five mistakes on the project, so I had to call the attention of the CIP (Capital Improvement Program) Department, the Manager, and everyone else, and requested that those items be corrected before I had a ribbon -cutting ceremony, and I had people attending the ceremony and telling me, you know, hey, you know, you're my Commissioner and you didn't see this? You know, I mean, so -- and I'm still waiting. Mr. Manager, I'm still waiting for that park to be completed. Maybe one day, you know. I mean, no rush, you know. If you tell me that by the year 2012, I put it in my calendar, and I'm still alive, I may show up at the ceremony, you know -- Mr. Hernandez: Commissioner, we're about 30 days away, I would tell you that part. Chairman Gonzalez: -- but let me tell you, those are the problems that we have. You -- I hear you all concern about finding the money, all concerned about finding the land. No, no, no. Vice Chairman Sanchez: Thirty days away. Chairman Gonzalez: Having the land, having the money, might not be a problem. Well, might be a problem having the people build the park, OK, and I don't know when that is going to change, and with that, I'm going to close and -- I said that I'm also supporting this. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All --yes, ma'am. Pamela E. Burns (Assistant City Clerk): For clarity for our records, is that resolution modified? Mr. Fernandez: Yes. Vice Chairman Sanchez: No. There's no modification. Commissioner Regalado: Yes. Vice Chairman Sanchez: Is there? Commissioner Sarnoff: Yeah. It was a modified resolution -- Chairman Gonzalez: Yeah. It was -- Commissioner Sarnoff: -- where I asked -- Chairman Gonzalez: -- modified. Commissioner Sarnoff: -- you actually suggested it. City ofMiami Page 74 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: As modified. Commissioner Regalado: But, Mr. Chairman, ifI may. In a separate motion; request that the Administration starts considering the pilot program for thepi partnership with one or two parks or one park in each of the five districts to u really works and to discuss that through the Parks Advisory Board. 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dmn. pabk heeling In—nd, wM1h tlmellne. setforth in the City of Mlaml CWe. The appdwde decision- naXing body will reWew the information at the pabec hearing to rend,, e recommendation on a final d-id., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: OK. Let's vote on this resolution first, and then we'll take your second motion. Commissioner Sarnoff: I'll give you the modification. Vice Chairman Sanchez: Yeah, justput the modification on the record. Commissioner Sarnoff: The modification was -- Vice Chairman Sanchez: I stepped out. Commissioner Sarnoff: -- instead ofguiding tool, we simply state we will implement -- Vice Chairman Sanchez: OK, I got it. Commissioner Regalado: And -- Chairman Gonzalez: All right. Commissioner Regalado: -- the Planning Advisory Board request -- it's very simple -- that the Parks Director will would report to the Parks Advisory Board on a biannual basis on how this plan is being implemented. It's very simple. Chairman Gonzalez: All right. Commissioner Sarnoff: With that amendment. Vice Chairman Sanchez: I accept the amendment -- Chairman Gonzalez: We have a -- Vice Chairman Sanchez: -- as (UNINTELLIGIBLE). Chairman Gonzalez: -- motion, and we have a second, as modified. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Regalado, you want to introduce your motion? Commissioner Regalado: A motion to direct the Administration to start working, in the next 60 to 90 days, to bring to the City Commission and to the created -- new created Parks Advisory Board a pilot program for each district where private government partnership will be used to fund maintenance and enhancement of a existing park, and -- Chairman Gonzalez: All right. We have -- Commissioner Regalado: -- that will be the motion. City ofMiami Page 75 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: -- a motion. Is there a -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- second? And we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PZ.3 06-00829lu ORDINANCE 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pbk heahng In — d—wM1h hmellnes set iodh in the City of Mlami CWe. The appdwde decision -making body will n: _e ,inform , at the pa bec hearing to n,nde,e --lotion nr a final decison. PZ-20-6058 / \\ 09/19/22 /f Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00829lu - PAB Fact Sheet.pdf 06-00829lu - Analysis.pdf 06-00829lu - Concurrency Report.pdf 06-00829lu - Comp Plan Map.pdf 06-00829lu -Zoning Map.pdf 06-00829lu - Aerial Photo.pdf 06-00829lu - PAB Legislation.pdf 06-00829lu - PAB Application Documents.pdf 06-00829lu PAB Reso.PDF 06-00829lu CC School Impact Review Analysis.pdf 06-00829lu CC Application & Supporting Docs.pdf 06-00829lu CC Legislation (Version 2).pdf 06-00829lu & 06-00829zc Exhibit A.pdf 06-00829lu CC FIR Fact Sheet 01-25-07.pdf 06-00829lu CC FIR Fact Sheet 02-22-07.pdf 06-00829lu CC FIR Fact Sheet 03-22-07.pdf 06-00829lu CC SR Fact Sheet 04-26-07.pdf 06-00829lu submittal e-mail.pdf 06-00829lu CC SR Fact Sheet 05-24-07.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 21, 2006 by a vote of 7-0. See companion File ID 06-00829zc. City ofMiami Page 76 Printed on 611112007 City Commission Meeting Minutes PURPOSE: This will change the above property to Medium - Residential. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Sarnoff 12920 1�J L11Y'f]F� NOTICE rni..obn,idal needs m h.&w d mr. pabk heahng In — d—wM1h hmellne. se forth in the City & Mlami CWe. The appliesd, decision -making body will rewew the information at the pabec hearing to rend,, e - mends ., or a final decin., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: OK. PZ.3 and PZ.4 are companion items. I believe it was agreed that whenever these items came back, it was -- they were just going to come back for a vote -- Vice Chairman Sanchez: For a vote. Chairman Gonzalez: -- so is there a motion on the item? Commissioner Spence -Jones, I believe this is your item. Commissioner Spence -Jones: Yes, yes. Thank you. Chairman Gonzalez: Is there a motion on the item? Commissioner Spence -Jones: On this particular item? Chairman Gonzalez: Yes, ma'am, PZ.3 and PZ.4. Commissioner Spence -Jones: Yes, there's definitely a motion on it. I just want to put something on the record, if you don't mind. Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: OK Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: I don't know-- are the individuals here? Oh, they're here, OK. Are the residents from the area there? OK, OK. All right. Let me just say this. This is a project that started out as R-4 and then dropped to R-3, and then from the last meeting that we had, I suggested to have it drop down to R-2, which means being able to do town houses in the area. The developer agreed to provide also a tree survey and tree de -- locational [sic] kind ofplan. They also said that they would like to see that there was more affordable housing and workforce units to be added, as well as sidewalks, green space, park, and a river walk, giving more access to the waterways. Now, I'm hoping that you guys were able to work it out, but I'm already ready to render my decision on this issue, but in any instance, the developer has agreed to many of those things. I do agree with the residents in the area; the buildings in the beginning were entirely too tall for a residential community, but my concern, from day one, is having that empty, vacant lot there in that particular community. To me, I think it lends itself to -- lends itself more to crime and drugs in the area, so at this time, if there is an acceptance, Tucker and Vicky on this item, my motion is to approve this item based upon it being R-2, meaning -- and I -- that's going to be my recommendation. That's what I would prefer to see happen on that land, and I have really thought about this issue over and over again, and I visited the lots again regarding the issue, so my recommendation is that I -- my mo -- I move to approve this based upon it being an R-2 -- Chairman Gonzalez: All right. Let me hear from -- City ofMiami Page 77 Printed on 611112007 City Commission Meeting Minutes Vicky Garcia -Toledo: May I? Chairman Gonzalez: -- the attorneys. Yes, ma'am. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, from Bilzin Sumberg, with7Mk%LJM 2500 Wachovia Center. My client would accept the R-2, and would support the Commissioner in the project. The only thing I want to make clear on the record is that all of the benefits were for a project specific at R-3. We have not designed a project based on R-2, and so the approval -- we can commit to certainly do the tree survey and the tree mitigation, but that's all that we would be able to do at this time because we cannot -- we don't know what the R-2 project would look like. Chairman Gonzalez: Very well. Tucker. Tucker Gibbs: My client's position has been strong and firm that this is an R-I piece of property; they'd like it to remain R-1. Their issue in talking about -- and their issue has always been that you're bringing more intense development closer to the R-1 neighborhood. Now it's going to be right up against it with access right on 4th. They're concerned about that. They're concerned about 4th being used as access, whether it was R-2, R-4, or whatever. Commissioner Spence -Jones: But, Tucker, I have been -- Mr. Gibbs: I understand. Commissioner Spence -Jones: --back and forth to this property, and now I agree with having five stories, having seven stories, having -- that's entirely too much, but if you've visited the property yourself -- Mr. Gibbs: I have. I have -- Commissioner Spence -Jones: -- OK. Mr. Gibbs: -- many times. Commissioner Spence -Jones: Many times -- Mr. Gibbs: Yep. Commissioner Spence -Jones: -- so you know that that --first of all, in that space itself, right off 79th Street, it is now becoming an area where people go back there and do their business. Mr. Gibbs: We understand that -- Commissioner Spence -Jones: OK, so -- Mr. Gibbs: --and -- Commissioner Spence -Jones: -- my concern is we need to have something happening on that space. Something needs to happen there, and I -- to me, having town houses there on that lot, to me, enhances the area. It doesn't take away from it. Mr. Gibbs: Our position has been -- and I only can state what our position is -- your staff has said and your professional staff has said -- has recommended denial on the zoning issue and on the Comprehensive Plan, and then -- City ofMiami Page 78 Printed on 611112007 City Commission Meeting Minutes Commissioner Spence -Jones: And -- Mr. Gibbs: -- because R-2 is not -- R-2, R-3 is not appropriate. The Our posit on is -- Ms. Garcia -Toledo: And if -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / 09/19/22 /f Mr. Gibbs: -- and we agree that something needs to go there, whether it's R-1, a park, or something, but something that is in keeping with that neighborhood. It's our -- and I'm just repeating -- Ms. Garcia -Toledo: Through the Chair -- Mr. Gibbs: -- what my cli -- Ms. Garcia -Toledo: -- ifI may? Chairman Gonzalez: All right. We -- Commissioner Spence -Jones: I'm not -- Ms. Garcia -Toledo: I -- Commissioner Spence -Jones: --Mr. Chairman. Chairman Gonzalez: All right. Ms. Garcia -Toledo: -- don't think we're testifying again, but I think that -- Chairman Gonzalez: All right. We're not testifying again because we said it at the last meeting, we said that we -- Mr. Gibbs: I just want to put it on the record. That's all. Chairman Gonzalez: -- had taken enough testimony. Commissioner Spence -Jones: No problem. Chairman Gonzalez: I think you -- Mr. Gibbs: I understand. Chairman Gonzalez: -- establish your position, and Tucker, you already -- Commissioner Spence -Jones: Yeah. Mr. Gibbs: I understand. Chairman Gonzalez: -- reaffirm your position and -- Mr. Gibbs: From -- Chairman Gonzalez: -- opposition to the -- City ofMiami Page 79 Printed on 611112007 City Commission Meeting Minutes Mr. Gibbs: That's correct. Chairman Gonzalez: -- item. Vice Chairman Sanchez: Would you --? Chairman Gonzalez: I hope that you're pleased with the meeting. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Mr. Gibbs: In terms of being -- our opportunity to make our presentation at the last meeting and incorporating it today, absolutely. We just have a disagreement and we've put -- Chairman Gonzalez: But you're pleased with the -- with you being able to establish in the record and the (UNINTELLIGIBLE). Mr. Gibbs: I've put my position on the record, yes, yes. Chairman Gonzalez: OK. Commissioner Spence -Jones: Mr. -- Chairman Gonzalez: All right. Commissioner -- Commissioner Spence -Jones: --no problem. Chairman Gonzalez: -- Spence -Jones, you made a motion. Commissioner Spence -Jones: Mr. Chairman, yes, I'm going to make the motion, but Ms. Vicky -Toledo happen to add some additional things on there that I now have some concerns with, and that is -- so the developer does not agree now to do an area or provide an area -- a green space area -- and I do understand probably the reasons why for some of this stuff, but clearly, something has to happen for the neighbors. Ms. Garcia -Toledo: We do not know what the R-2 is going to do. We would presume that to -- Commissioner Spence -Jones: But -- Ms. Garcia -Toledo: -- do the R-2 -- to use the R-2 zoning will require more use of footprint of the area, so how much we can do -- Commissioner Spence -Jones: -- but -- Ms. Garcia -Toledo: -- it's questionable -- Commissioner Spence -Jones: -- Ms. Toledo [sic]. Ms. Garcia -Toledo: -- at this time. Commissioner Spence -Jones: This has been, what, four weeks now or two weeks? Was it --? When was the last time you guys stood in front of us? The last -- Mr. Gibbs: A month -- Commissioner Spence -Jones: -- Planning and Zoning -- Mr. Gibbs: -- ago. City ofMiami Page 80 Printed on 611112007 City Commission Meeting Minutes Commissioner Spence -Jones: -- meeting -- Ms. Garcia -Toledo: A month ago. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Commissioner Spence -Jones: -- and I was very clear in closing out on that last -- on -7-4' iA"" discussion that for me -- I mean, I saw it being -- I could -- I would be more open to an R-2, doing town houses in the area. I was very clear about that, so you had four weeks to come back to say or at least have a sense of something that -- Ms. Garcia -Toledo: We've -- Commissioner Spence -Jones: -- could be provided for the residents. Ms. Garcia -Toledo: -- had two meetings with Tucker; one meeting and one conference call. Commissioner Spence -Jones: Yeah, butt mean, clearly, you're like not giving the residents anything, so I mean, if the residents aren't going to get anything from it, then my position is definitely very different. Ms. Garcia -Toledo: I'm hearing from the --from my client, the owner of the property, that the only thing that will be able to be maintained is the scenic overview to the Little River Canal. The 10,000 square foot open space would not be part of an R-2 development. Mr. Gibbs: And there still will be access from 4th, I assume. That's (UNINTELLIGIBLE). Chairman Gonzalez: All right. It's time to fish -- Commissioner Sarnoff: Or cut bait. Chairman Gonzalez: -- or cut bait. Ms. Garcia -Toledo: We couldn't consider R-2 because they never agreed to R-2. Commissioner Spence -Jones: OK, but I was very -- and Mr. Chairman, just indulge me for two seconds, and I know -- Chairman Gonzalez: No. Go ahead, go ahead. Commissioner Spence -Jones: -- we have to go on our break, but again, I mean, both of you guys were in this meeting. I was very clear in my closing statement -- Mr. Gibbs: I heard you. Commissioner Spence -Jones: -- that I could -- I cannot see it R-3, R-4, or any of that. I could possibly see an R-2. You had four weeks to kind of somewhat get together and figure out what you were going to do, so to have it come in front of me now and, you know -- and I'm supporting it on a R-2 level, but I'm only supporting it because the neighbors are going to receive some benefits of it coming there. That, you know -- Ms. Garcia -Toledo: Well, we can do the look -out, and we certainly can do the traffic proposal that we presented, if the neighbors are accepted, because we cannot do anything unilaterally, so we can do those two things, but we will -- Commissioner Spence -Jones: So are you -- City ofMiami Page 81 Printed on 611112007 City Commission Meeting Minutes Ms. Garcia -Toledo: --need the (UNINTELLIGIBLE). Commissioner Spence -Jones: --proffering --what are you proffering to now residents? That's what really need to know. Ms. Garcia -Toledo: We are -- we will do the look -out -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / 09/19/22 /f Commissioner Spence -Jones: And when you say look -out, this is providing them with some access -- because right now there's no real access for them on the river, and that was -- Ms. Garcia -Toledo: Right. That -- Commissioner Spence -Jones: -- one of the reasons why -- Ms. Garcia -Toledo: -- I believe that it is a 1 S foot walkway from the public right-of-way to the edge of the water, with a look -out -type gazebo at the edge of the water that would be open to the neighbors. We are willing to do the workforce housing, the four units workforce housing, and we would be willing to do the traffic program that we suggested to the neighbors, which we call the Traffic Mitigation Program -- Commissioner Spence -Jones: OK Ms. Garcia -Toledo: -- and of course, there will be sidewalks on 4th -- created on 4th -- Commissioner Spence -Jones: So -- Ms. Garcia -Toledo: -- Avenue, which are not there now. Commissioner Spence -Jones: --you are going to provide the sidewalks that are not -- Ms. Garcia -Toledo: Yes. Commissioner Spence -Jones: --there now? Ms. Garcia -Toledo: Absolutely. That's still part of it -- Commissioner Spence -Jones: OK Ms. Garcia -Toledo: -- and the tree mitigation, so the only thing that's off the table really is the 10,000 square feet of open space. Commissioner Spence -Jones: OK, so with that being in mind, and me -- Tucker feeling like there's something that's come outfor the neighbors, which is really important to me, I'm going to basically move this with one -- with an additional -- can I add a condition on this? Ms. Garcia -Toledo: This is a land use and zoning change; you cannot condition it -- Commissioner Spence -Jones: OK Ms. Garcia -Toledo: -- but I can proffer -- Commissioner Spence -Jones: Can -- OK What I would like to see happen with Tucker -- with the group over there in the neighborhood that there's some sort of, at least, meeting of the minds between the developer and the residents in the area to assist or at least provide their input on the City ofMiami Page 82 Printed on 611112007 City Commission Meeting Minutes design or the creation of the space on the waterway so that, at least, they're Ms. Garcia -Toledo: OK. Commissioner Spence -Jones: -- able to have some sort of input on some of the think would be great to have in that space. Ms. Garcia -Toledo: Absolutely. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Commissioner Spence -Jones: I would definitely want to make sure that there's some sort of ongoing communication with the group. Ms. Garcia -Toledo: You can count on that. Commissioner Spence -Jones: OK I guess being -- Ms. Garcia -Toledo: And we would voluntarily proffer to -- Commissioner Spence -Jones: -- can you prof -- Ms. Garcia -Toledo: --continue communication with the neighborhood and -- Commissioner Spence -Jones: -- and to include their input -- Ms. Garcia -Toledo: -- keep them involved in the process -- Commissioner Spence -Jones: -- in the design of the water -- Ms. Garcia -Toledo: -- -- and specifically as to the design of the waterway. We will design the look -out point, and we will submit it to them for their approval. Commissioner Spence -Jones: Wonderful -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- so with that, I'd like to move the item. Chairman Gonzalez: All right. We have a -- Vice Chairman Sanchez: I would -- Chairman Gonzalez: --motion. Vice Chairman Sanchez: -- second it, but for the point of clarification, could you put all the conditions or would you proffer them and put them in the record so we do have them in the record? Ms. Garcia -Toledo: Yes. There will be -- Maria J. Chiaro (Assistant City Attorney): Ms. Toledo, they go -- your proffers will be applied to the zoning ordinance, not to the land use change, and just to the City Commission, the land use change, as submitted, will remain the same, in that that's what the submission -- Vice Chairman Sanchez: Yeah. City ofMiami Page 83 Printed on 611112007 City Commission Meeting Minutes Ms. Chiaro: -- was. Mr. Gibbs: That's right. Vice Chairman Sanchez: Yeah. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Ms. Chiaro: The proffer come with the change ofzoning to R-2, so if you move the first item, the land use change, you can approve that and then accept the proffer after -- Vice Chairman Sanchez: OK, so -- Ms. Chiaro: -- it is approved. Chairman Gonzalez: All right. We have a motion, and we have a second. Read the ordinance, please. The Ordinance was read by title into the public record by the Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Mr. Gibbs: Excuse me. Point of clarification. If this is being changed to R-2, that land use change is a land use change that allows for R-3. The duple --you can --for a land use change -- Ms. Chiaro: Mr. Chairman, let -- Mr. Gibbs: -- I just want -- Ms. Chiaro: --me explain to you. You can change the land use designation for a higher use -- Mr. Gibbs: That's not what the -- Ms. Chiaro: -- but the change of zoning -- Mr. Gibbs: No. Ms. Chiaro: -- can be less than the land use designation. If -- Mr. Gibbs: Oh, excuse me. I'm sorry. I thought you were finished. Ms. Chiaro: The Code allows you to change the zoning from less than that which was submitted, but there is no provision to change the land use designation to less than that which was submitted, although you can put the R-2 zoning in this district. Mr. Gibbs: Mr. Chairman, could I just ask a question? I understand that, but what you're doing is your're giving a land use category that's more than necessary. Ms. Chiaro: No, you're not. Mr. Gibbs: What -- all you need to do is change the land use to the duplex -- Commissioner Sarnoff: Right. Mr. Gibbs: -- because that's what this is, but by changing the land use, you're going to allow this person to come back in three years or two years and ask for the R-3 -- City ofMiami Page 84 Printed on 611112007 City Commission Meeting Minutes Ms. Chiaro: No, you're not. Ms. Garcia -Toledo: Oh, no, no, no. Mr. Gibbs: -- and I -- that's a real concern to my clients. Commissioner Spence -Jones: And I agree with that. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Mr. Gibbs: Thank you. I mean, she can still bring -- you can still, I think -- can you not ask -- make a motion for an R (Residential) --for a duplex land use because it's less intense than the medium density? Ms. Garcia -Toledo: Yes, we can. Mr. Gibbs: Oh, OK, then great. Commissioner Spence -Jones: Right. I just want to make sure. Thank you for bringing thatpoint up, Tucker. Chairman Gonzalez: Are we all -- Vice Chairman Sanchez: Well -- Chairman Gonzalez: -- in the same --? Ms. Garcia -Toledo: You would be voting for a land use category -- instead of the medium density multifamily, you'd be voting for a land use category of duplex. Commissioner Spence -Jones: Duplex -- Commissioner Sarnoff: As amended. Commissioner Spence -Jones: --and I'm fine with that. Ms. Garcia -Toledo: As amended. Commissioner Sarnoff: That's the amendment now? Ms. Chiaro: However -- Chairman Gonzalez: Roll call, please. Ms. Chiaro: -- the Code does not allow for the City Commission to consider changing that was submitted -- which was submitted on the Comprehensive Plan application. It only allow -- to make it less. The Code only allows for -- Ms. Garcia -Toledo: But we can -- Ms. Chiaro: -- the change for the zoning to be less than that which was submitted. Commissioner Sarnoff: So then they need to come back -- Ms. Garcia -Toledo: The -- City ofMiami Page 85 Printed on 611112007 City Commission Meeting Minutes Commissioner Sarnoff: -- they need to come back -- Ms. Garcia -Toledo: No. Commissioner Sarnoff: --to readvertise. Mr. Gibbs: That's right. Ms. Garcia -Toledo: No, no. Mr. Gibbs: That's right. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Ms. Garcia -Toledo: We've always had a policy that as long as you advertise for something higher -- Ms. Garcia -Toledo: -- than what is being approved -- Commissioner Sarnoff: (UNINTELLIGIBLE) can't do this. Ms. Garcia -Toledo: -- then you can do less. You cannot do more than what has been advertised because it would be voided based on notice, but everyone has had notice that you're going to do an R-3 or a medium multifamily. If you do less, you're not harming anyone, so you can always do less than, not more than. Regardless, then you can -- if we're going to have to come back -- and this has been going around for a year, so we really don't want to come back; we want to finish this today -- then you can go head [sic], leave it as multifamily on your land use, and then we -- you control what can be done through the zoning aspect of it, and we will add to our covenant that we understand that the R-3 -- that -- voluntarily proffer that under the R-3, we will only do the R-2. That's for the land use only. Chairman Gonzalez: All right. Can we do roll call now? Mr. Gibbs: I've got a problem with this. This is wrong. Commissioner Spence -Jones: Well, I -- Mr. Chairman, I just -- you know -- and I know we don't want to get stuck on this. Ms. City Attorney, I mean, clearly, you know, Tucker's making some valid points. How do we get around --? Mr. Gibbs: Send it back. Ms. Chiaro: He is making the -- advocating on behalf of his client. As I said, you can approve the land use designation to be higher. You control the use by the zoning on the property. Commissioner Spence -Jones: OK Ms. Chiaro: I have some concern about amending the application for the land use without having the record -- with -- on the floor, whether it's lesser or greater. Vice Chairman Sanchez: OK. Mr. Gibbs: I have no problem with that. Commissioner Sarnoff: She's right. Ms. Chiaro: If Mr. Gibbs -- City ofMiami Page 86 Printed on 611112007 City Commission Meeting Minutes Commissioner Sarnoff: You're right. We should not be voting for this Ms. Chiaro: -- agreeing to defend the City against any challenge to this chart the floor, then I have no objection, but it is challengeable. Having giving you can do what you wish, and if you wish to -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / 09/19/22 /f Ms. Garcia -Toledo: I may have a suggestion that will workfor everyone. We can add to the covenant that we are offering with all the benefits that this property shall not be brought backfor a zoning change for the next ten years. In that time, we will build out the project, and it's a moot issue. Mr. Gibbs: Mr. Chairman, could I just respond? The concern I have is that once you do this here -- and I don't disagree with the City Attorney's assertion, and I don't want to do anything that's going to create that kind of a problem. My problem and my client's problem is once you open this door, you allow the land use which says R-3 can be built here. This can be covenanted till the cows come home. Ms. Garcia -Toledo: No. That's not what the land use plan in the City ofMiami says. It says up to -- Mr. Gibbs: To -- Ms. Garcia -Toledo: -- a maximum -- Mr. Gibbs: -- maximum -- Ms. Garcia -Toledo: -- ofR-3 -- Mr. Gibbs: -- ofR-3. That's right. Ms. Garcia -Toledo: -- and there is absolutely no guarantee, when you grant an R-3, that you -- a multifamily density, that anyone can build that to the maximum, so the zoning is what controls what can be built on the land. I can show you numerous properties in the City ofMiami where the land use is greater than the zoning, and anything that would happen after today, even if everything is approved and we move forward today, would require notice to all the neighbors and public hearings again, so -- Mr. Gibbs: Mr. Chairman. Ms. Garcia -Toledo: -- why -- I've already put it on the record that my client will build consistent with the R-2. There is no need for us to be back here. Mr. Gibbs: Mr. Chairman. Commissioner Spence -Jones: All right. Mr. Chairman, I'm just -- I'm -- I think we just need to move on. I'm going to go ahead and accept what the City Attorney is saying on this issue. You did proffer, though, the -- what did you -- over the next ten years? Ms. Garcia -Toledo: Right. Commissioner Spence -Jones: Can you proffer that again so that we're clear? Ms. Garcia -Toledo: That -- Ms. Chiaro: When -- you didn't vote on -- City ofMiami Page 87 Printed on 611112007 City Commission Meeting Minutes Commissioner Sarnoff: You don't proffer that now. Ms. Chiaro: -- the land use -- Ms. Garcia -Toledo: Yeah. Commissioner Spence -Jones: OK Ms. Chiaro: --change yet. Ms. Garcia -Toledo: That will be proffered as part of -- Commissioner Spence -Jones: OK No problem. Ms. Garcia -Toledo: -- the -- Commissioner Spence -Jones: OK, so let's -- Ms. Garcia -Toledo: --zoning. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmelln, set f,& in the City & Mlani CWe. The appdwdle decision-nahing bWy will renew the inbrn ,at the pabec hearing to rend,, nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Commissioner Spence -Jones: -- go ahead and vote on that. Mr. Gibbs: See you in court. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call, but for clarity of our record, the vote will be on a modified or not modified ordinance? Ms. Garcia -Toledo: Not. Ms. Chiaro: It will be on the ordinance for the change in the land use plan as read and as submitted in the packet. Commissioner Sarnoff: Right. Ms. Burns: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Commissioner Sarngfir Commissioner Sarnoff: No. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: Madam Attorney, please advise. Are we -- am I putting the City in any type of liability here -- Ms. Garcia -Toledo: No. Vice Chairman Sanchez: -- on this vote? Ms. Chiaro: This is a policy decision. As I said -- City ofMiami Page 88 Printed on 611112007 City Commission Meeting Minutes Vice Chairman Sanchez: Well -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pbk heahng In — d—wM1h hmellnes set f,& in the City of Mlami CWe. The appdwde decision -making body will n: _e 'intormadon at the pa bec hearing to n,nde,e nxom da ., nr a final decison. PZ-20-6058 Ms. Chiaro: -- you can make the land use change and limit the development by 09/19t22 item that will come before you, which is a lower zoning designation. Vice Chairman Sanchez: A lower zoning -- yes. Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Burns: The ordinance has been adopted on second reading, 411. PZA 06-00829zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00829zc Analysis.pdf 06-00829zc Zoning Map.pdf 06-00829zc Aerial Map.pdf 06-00829zc Application & Supporting Docs.pdf 06-00829zc ZB 07-10-06 Fact Sheet.pdf 06-00829zc ZB 09-11-06 Fact Sheet.pdf 06-00829zc ZB 10-16-06 Fact Sheet.pdf 06-00829zc ZB Reso.PDF 06-00829zc CC Legislation (Version 2).pdf 06-00829lu & 06-00829zc Exhibit A.pdf 06-00829zc CC FIR Fact Sheet 01-25-07.pdf 06-00829zc CC FIR Fact Sheet 02-22-07.pdf 06-00829zc CC FIR Fact Sheet 03-22-07.pdf 06-00829zc CC SR Fact Sheet 04-26-07.pdf 06-00829zc submittal e-mail.pdf 06-00829zc CC SR Fact Sheet 05-24-07.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: City ofMiami Page 89 Printed on 611112007 City Commission Meeting Minutes PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission 2006 by a vote of 5-1. See companion File ID 06-008291u. PURPOSE: This will change the above property to R-3 Multifamily Medium -Density Residential. 1�J L11Y'f]F� NOTICE rni..obnidal needs m hedeied tnr a pabk heeling In — d—wM1h tlmellnes set f,& in the City of Mlami CWe. The appliwde decision -making body will rewewthe information at the pabec hearing to n,nder a mendatlon or a final decin., PZ-20-6058 / \\ 09/19/22 /f Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 1 - Commissioner Sarnoff Absent: 1 - Commissioner Regalado 12921 Chairman Gonzalez: PZ.4. Vice Chairman Sanchez: That's where you proffer the covenant. Vicky Garcia -Toledo: With this item, I would proffer, on behalf of the owner, the following mitigations: Four housing units will be within the workforce housing range. There will be a look -out on the little river canal; the design of the look -out will be shared with the homeowners association for their input and approval; there will be a tree mitigation plan prior to construction with a relocation of trees to be maintained on site; sidewalks will be created as part of the development program on the public right-of-way, I believe it's 4th Avenue, Northeast 4th Avenue, and a traffic mitigation program, which has been suggested, will be implemented at the approval of the neighborhood if they so desire. Tucker Gibbs: Mr. Chairman, may I ask a question? Chairman Gonzalez: Yes, sir. Mr. Gibbs: My understanding that Ms. Garcia -Toledo earlier said that every recommendation in terms of how this was going to work was going to be the same as before, in terms of the overlook, and the sidewalks, and the rest of it. The one thing I didn't hear her talk about was -- it's an issue important to my clients, and I'm not saying that that makes this wonderful for my clients, but I want to pinpoint this issue as an issue for my clients, and that is access to 4th. Under their proposal under the R-3 pro -- Commissioner Spence -Jones: Access to what? Mr. Gibbs: -- access on 4th. The proposal that was presented on the R-3, they heralded it as no access on 4th; everything would come down to 82nd Terrace and then go out, which would help the traffic on 4th because they wouldn't come in and out. That's the one thing I did not hear tonight -- today. Commissioner Spence -Jones: And I want to make sure that that is -- because that street is very important. Ms. Garcia -Toledo: But now you have townhomes. Now you have duplexes -- Commissioner Spence -Jones: Yeah -- Ms. Garcia -Toledo: -- on the street. City ofMiami Page 90 Printed on 611112007 City Commission Meeting Minutes Commissioner Spence -Jones: --but you can -- Mr. Gibbs: Internal access. Commissioner Spence -Jones: --do that, you can put the parking behind it. Mr. Gibbs: That's right. They own -- Commissioner Spence -Jones: Come on now. Mr. Gibbs: Come on. It's internal. Ms. Garcia -Toledo: It cannot be physically done with a duplex. Commissioner Spence -Jones: It can. I've seen them all the time. Ms. Garcia -Toledo: Give me a second with the architect. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Vice Chairman Sanchez: While they do that, and I'm glad Miami 21 is going to do away with all of this, or some of this, but -- Mr. Gibbs: You mean, you're not going to see my pretty face here under Miami 21 ? Vice Chairman Sanchez: No, no, it's not that. I think that when these issues are brought -- you can't bring something in front of this Commission half baked or halfpregnant. I mean, these issues should come in front of us where everyone has had ample opportunity -- Ms. Garcia -Toledo: We will -- Vice Chairman Sanchez: Hold on, hold on, because you know, this is frustrating for me. Ms. Garcia -Toledo: It's very frustrating. Vice Chairman Sanchez: All right. Chairman Gonzalez: It's frustrating for everybody. Vice Chairman Sanchez: We shouldn't be here wheeling and dealing at the last minute to get something approved. It puts us in a -- it puts me a very awkward situation to make an intelligent decision, all right, so let me just remind everyone here that I think we need to avoid these types of things. One, it opens up the doors for liability to the City, and we have a fiduciary responsibility to this City, so this -- I hope we learn from this experience, where we can't continue to bring these things half baked in front of this Commission. We're back and forth. You're negotiating, proffering for us to get a vote from us. It's just -- it bad policy. It's bad government. It's bad everything. Chairman Gonzalez: Not only that -- Commissioner Spence -Jones: All right, Mr. Chairman. Can we --? Vicky, can you please? Ms. Garcia -Toledo: We will only need one curb cut into the development -- Mr. Gibbs: Not on 4th? Ms. Garcia -Toledo: --from 4th Avenue. City ofMiami Page 91 Printed on 611112007 City Commission Meeting Minutes Mr. Gibbs: From 4th. Commissioner Spence -Jones: OK Chairman Gonzalez: All right. Vice Chairman Sanchez: Yeah. Make a motion. Chairman Gonzalez: Do I hear a motion? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pbk heahng In — d—wM1h hmellnes set f,& in the City of Mlami C We. The aped. A, decision -making body will n: _e 'inform ' at the pa bec hearing to n:ndere nxom da ., nr a final decison. PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: OK. We have a motion, and we have a second. You know, the biggest problem -- before having the Attorney read the ordinance -- is that with all due respect to the developer, you know, I don't know why developers in this City have come to the notions that they can buy a lot in a residential area, and then build a high-rise, you know, and -- those are chances they -- and then they get upset when things don't get approved, but you know, a lot of people are doing that. They're buying land in neighborhoods, which are R-1, and then they want to change to multifamily, and they want to change it to this and they want to change it to that, and then, you know, if it doesn't happen, well, you know, they get upset because they made an investment, and they will never be able to recoup, but listen, you know, you got to use your common sense. I mean -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- want to buy -- build a high-rise, buy the right designated zoning. What happened is if you're going to buy the right designated zoning, it's going to cost you a lot more than buying the -- Vice Chairman Sanchez: That's right. Chairman Gonzalez: -- lower zone -- Vice Chairman Sanchez: That's right. Chairman Gonzalez: -- so you know, I mean -- but eventually, I hope this is going to, like you say with Miami 21 maybe, hopefully -- because let me tell you, they will find a way to go around Miami 21, around it, on top of it, or under, or -- they will find a way to, you know -- you wait and see. Anyway, Madam City Attorney, will you read the ordinance, please? The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. Commissioner Sarnof? Commissioner Sarnoff: No. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, with conditions. City ofMiami Page 92 Printed on 611112007 411Y R �I .(1n.d�nffl,t1ndfMh v.0 niav City Commission Meeting Minutes NOTICE needs m be.Ide&� d mr. pabk de.r,ng in me City& Theappdwde decision-maXing body will ,,ormati tl.tion, pbk eecdoncrender Ms. Burns: Commissioner Spence -Jones. omre.n PZ-20-6058 / Commissioner Spence -Jones: Yes. 09/19/22 /f Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes, with conditions. Ms. Burns: The ordinance has been adopted on second reading, as modified -- Chairman Gonzalez: Before -- Ms. Burns: -- 311. Chairman Gonzalez: Thank you. PZ.5 06-01433zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 621-625 AND 645 NORTHEAST 64TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01433zc Analysis.pdf 06-01433zc Zoning Map.pdf 06-01433zc Aerial Map.pdf 06-01433zc Application & Supporting Docs.pdf 06-01433zc ZB 10-30-06 Fact Sheet.pdf 06-01433zc ZB 11-13-06 Fact Sheet.pdf 06-01433zc ZB Reso.PDF 06-01433zc Legislation (Version 2).pdf 06-01433zc Exhibit A.pdf 06-01433zc CC FIR Fact Sheet 01-25-07.pdf 06-01433zc CC FIR Fact Sheet 02-22-07.pdf 06-01433zc Submittal Map & Letter.pdf Letter Requesting Replacement on City Commission Agenda.PDF 06-01433zc CC FIR Fact Sheet 04-26-07.pdf 06-01433zc CC FIR Fact Sheet 05-24-07.pdf LOCATION: Approximately 621-625 and 645 NE 64th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Grec Luis Development, Ltd., Contract Purchaser, and Grec/Luis II, Ltd. and Terra Urbana, Ltd., Owners FINDINGS: City ofMiami Page 93 Printed on 611112007 City Commission Meeting Minutes PLANNING DEPARTMENT: Recommended denial. 1 ZONING BOARD: Recommended approval to City Commissio 13, 2006 by a vote of 6-1. See companion File ID 06-01433xc. PURPOSE: This will change the above properties to R-3 Multifam Medium -Density Residential with an SD-12 Buffer Overlay District. 1�J L11Y'f]F� NOTICE rni..obnidal needs m Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appliwde decision-nahing body will rewewthe inlorn ,at the pabec hearing to rend,,e mentlation nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.5. Yes. Roberto Lavernia (Chief of Land Development, Planning): This item has been continued from January 25, February 22, and April 26 for the applicant to find a solution with the traffic deviation, so I'm going to let the applicant explain. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: All right. Chairman Gonzalez: Is there anyone in opposition on PZ.5 here? All right. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. At the last hearing, Commissioner Sarnoff had requested that we proceed with having a two-way street on Northeast 64th Terrace for the first 70 feet, so since that hearing, we met with Dade County Public Works Department, and the gentleman, Mohammad Hassan, had indicated he had no objection, but we needed to meet with FDOT (Florida Department of Transportation) and get their approval, so we had a meeting with FDOT. Verbally, they had no objections, and they said we needed to submit an application, which we have since done. We've submitted an application, and -- so what we've done is we submitted an application with FDOT so that this area could be two-way, the area fronting the commercial property, so that's pending right now with FDOT, and we should find out within 30 days, but they had verbally said they had no objections to it, so with that, what we are requesting is -- on the subject property, we're requesting an SD-12 overlay. We're not seeking to change the zoning here, and we're not seeking to do anything differently than what we could do today. This is the subject property where you have a C-I and SD-9, and then behind it is the R-3, and what we're asking for is an SD-12 overlay on the R-3, and what this will allow is -- currently, we have an approval -- this is the approved project. We have an approval. We have a Class II for a residential building on Biscayne Boulevard, and residential in the rear as well, and within this residential portion in the rear is where all the parking is located. Our pending application and the reason we're requesting the SD-12 overlay is so that we can have a office building within the C-I district, which allows for office and is commercial, but in order to do that, we need to put the parking in the portion behind it, so you're not going to see the parking, and it's going to be the same parking you had before for the approved project with the residential, but we need to request the SD-12 overlay in order to do that. This is a picture of the approved project, where we have the Class II, and this is the new one, and you can see we kept it totally in line. This particular piece ofproperty along Biscayne Boulevard is very narrow. It's C-1, and it only 67 feet in depth, so because of that, it doesn't allow for enough parking. It doesn't allow for you to put the parking for the office and the retail within it, and there's also a height limitation in the SD-9. You may remember, about four years ago, it was lowered to eight stories, so we're well within that eight stories, but between those two factors, it just doesn't allow for it, so we've met with the neighborhood. We had met with the Upper Eastside, and actually, we also had met with Mr. Louis Bourdeau: Louis was here earlier. I'm not -- I don't see him in the audience. Oh, there you are, OK, so when I'm done, Louis will speak because he is in favor of this. We met with him, and it was his concern that we -- he was always City ofMiami Page 94 Printed on 611112007 City Commission Meeting Minutes in favor of the application, but he had also requested that we be able to ma the drive two-way, which we're able to do, and this will also -- what this wil on our particular plans, you have the office traffic. There's an entrance here then there's an entrance here for the residential, so the office traffic would con they wouldn't be going through the neighborhood. I have a lot more that I can this project. Should I continue? Chairman Gonzalez: I think that's enough. Commissioner Sarnoff: Yeah. Ms. Pardo: Or do you --? Commissioner Sarnoff: Mr. Chairman? Chairman Gonzalez: Unless the district Commissioner want to -- Commissioner Sarnoff: No. Let me just ask you -- Chairman Gonzalez: --know more. 1�J L11Y'f]F� NOTICE rni..obrnidal needs to t Ihe&ied mr. pabk hearing In ercortlana wM1h dmellne..et forth in the City of Aid Code. The appi,u Ge derision -making bodywill rowewtheinlormativn at the pobc hearing to onde,e rep mendkon ore final d,,idon. PZ-20-6058 / 09/19/22 /f Commissioner Sarnoff: --just a few questions. This project can be built right now as -is, if you remain residential, correct? Ms. Pardo: Yes. Commissioner Sarnoff: So by making it live/work, you need this overlay district, correct? Ms. Pardo: Correct. Commissioner Sarnoff: When will your request from FDOT become official, or do you consider it official? Ms. Pardo: No, I don't consider it official now, but it will become official probably in the next 20 days, and we have to come back to you for second reading, so we will have the response from FDOT prior to our second reading. Commissioner Sarnoff: All right, then I'll make a motion to approve it, subject to -- Chairman Gonzalez: All right. Commissioner Sarnoff: -- the changes we requested. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion to approve -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we have a second, condition to the FDOT approval. Mr. City Attorney, read the ordinance, please. Vice Chairman Sanchez: Are the conditions on the other one or on this one? When do you proffer the conditions? Not on this one, right? City ofMiami Page 95 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE miIn ae"—"neeas mres�heaev.e mra p.bu. heahng Jorge L. Fernandez (City Attorney): Yeah. On second reading-- ,,,, tlxnewPPU-d,es°�'°"nangh in �"�° Mlami U,,in eappllwhle becision-maXing nd,,, renewthe inh3rmation at the pubic hearing to rentler e recommenaation or � nnai eeueon. Vice Chairman Sanchez: Yeah. TX\ PZ-20-6058 � �\ 09/19/22 /iC Mr. Fernandez: --for the record, there will be a report where the permit from the Florida will of course be part of the record, but here on first reading and certainly on reading, the ordinance itself would not have a condition. It would just simply show that, in fact, the State permit is in place. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 510. Ms. Pardo: Thank you very much. PZ.6 06-01234lu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 402 NORTHEAST 36TH STREET AND 347 NORTHEAST 35TH TERRACE, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01234lu - PAB Fact Sheet.pdf 06-01234lu - Analysis.pdf 06-01234lu - Concurrency Report.pdf 06-01234lu - Comp Plan Map.pdf 06-01234lu -Zoning Map.pdf 06-01234lu - Aerial Photo.pdf 06-01234lu - PAB Legislation.pdf 06-01234lu - PAB Application Documents.pdf 06-01234lu PAB Reso.PDF 06-01234lu CC Application & Supporting Docs.pdf 06-01234lu CC Legislation (Version 2).pdf 06-01234lu & 06-01234zc Exhibit A.pdf 06-01234lu CC FIR 02-14-07 Fact Sheet.pdf 06-01234lu Submittal Diagram.pdf 06-01234lu Submittal Photos.pdf 06-01234lu & 06-01234zc February 2007 Corporation Certificate of Good Standing.PDF 06-01234lu CC FIR 04-26-07 Fact Sheet.pdf 06-01234lu submittal declaration of restrictive covenants.pdf 06-01234lu CC SR Fact Sheet.pdf 06-01234lu Submittal Declaration of Rest. Covenants.pdf City ofMiami Page 96 Printed on 611112007 City Commission Meeting Minutes LOCATION: Approximately 402 NE 36th Street and 347 NE 3 [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Melissa Tapanes Llahues, Esquire and Ben Ferna Esquire, on behalf of Grape & Associates, LLC 1�J L11Y'f]F� NOTICE rni..obnidal needs m h.&w d tnr. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e ds ., nr a final decin., � menPZ-20-6058 / \\ 09/19/22 /f FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 6, 2006 by a vote of 6-0. See companion File ID 06-01234zc. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12922 Chairman Gonzalez: PZ.6 and PZ.7. Yes, sir. Good afternoon. Harold Ruck (Planner If): Good afternoon. Harold Ruck, with the Planning Department. This is a companion item with PZ.7. This is a second reading for this request. This request is for consideration of amending the Miami Comprehensive Neighborhood Plan future land use map, located at proximately 402 Northeast 36th Street and 347 Northeast 35th Terrace from high density multifamily residential to restricted commercial. The Planning Department recommended denial. The Planning Advisory Board recommended approval. This item was passed on first reading before the City Commission April 26, '07. I can get in more detail or -- at your discretion; otherwise -- Chairman Gonzalez: Thank you. Mr. Ruck: Thank you. Chairman Gonzalez: All right. Is there anyone here to speak on PZ.6 or PZ.7? All right. Yes, sir. Ben Fernandez: Thank you. Mr. Chair, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the property owners, who could not be with us today on account of the religious holiday, the Jewish holiday. However, we have a covenant from them, as agreed on the last -- at the last meeting, which is a covenant that commits to everything that we discussed in addition to minimum silver LEED (Leadership in Energy and Environmental Design) certification for the project, and we've -- also happy to report that the debris that was on the site has been entirely cleared. That's been confirmed by Code Enforcement, and what I've attached as exhibits are the covenant and then on the last page, a commitment from a fence company to fence the property, which should be happening shortly. Commissioner Sarnoff: Mr. Chairman. Chairman Gonzalez: All right. Yes, sir. Commissioner Sarnoff: Ben, just refresh my recollection. This was -- your clients came down, the young ladies, right? City ofMiami Page 97 Printed on 611112007 City Commission Meeting Minutes Mr. B. Fernandez: That's right. Commissioner Sarnoff: OK Mr. B. Fernandez: That's right. This is the office building. Commissioner Sarnoff: Right. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: All right. Anyone from the public to speak on PZ. 6 and PZ.7, please come forward to be recognized. Saul Cimbler: Good afternoon. For the record, my name is Saul Cimbler. I live on Northeast 35th Street, and I'm within the area that's affected by this. This project, although very nice, is going to affect traffic horribly in this area, specifically, we already have a problem with the Charter Club. Traffic comes out through the back and it's turned 35th Street into a highway. The cars come flying through there like nobody else lives there. This particularproject now is going to further exacerbate what's going on there, because what folks are going from the Charter Club is they come out and they're using the Taco Bell site and the McDonalds site as if it was a public right-of-way because traffic is so congested now as it is. I don't think the traffic studies that have been done on this deal with this specific issue. This same Commission, two weeks ago, or I should say, on March 22, approved a massive project on 32nd Street of 50 stories, which also is -- duplicative to this, is going to cause tremendous traffic havoc, and based on that traffic havoc and the inability to design a project that will permit the people who are living there now and living there in the future to get on and off Biscayne Boulevard. I would respectfully request that you deny the project, especially in fact that where now you have on 36th Street a one-way traffic on Julia Tuttle. I would invite each one of you Commissioners to go out there one morning or one afternoon and witness the mayhem that there is there of traffic. Chairman Gonzalez: Thank you. Anyone else from the public? All right. Seeing none, the public hearing is closed; comes back to the Commission. This is -- Mr. B. Fernandez: May I--? Chairman Gonzalez: -- Commissioner Sarnoff district. Mr. B. Fernandez: If you'd like, I can rebut some of those issues. Commissioner Sarnoff: Yeah. I was going to ask -- Mr. B. Fernandez: Yes. Commissioner Sarnoff: Mr. Chairman, I was going to ask Ben if he could just respond to the traffic. Mr. B. Fernandez: Very briefly, and we went over this the last time. This project is going to prohibit the property from being aggregated together with other abutting properties that are already zoned R-4, SD-20, which allows considerably more height and more floor area than what we're proposing through this project and via the covenant that we've proffered to you. I don't know that Mr. Cimbler's familiar with any of the specifics of this case, because I don't think he's ever presented any testimony until now, but this is going to do just the opposite. It's going to create a valley in what is otherwise a potential sea of high-rises, and with respect to traffic, we have access not only on 35th, but also on 36th Street, so that we're going to have a -- really de minimis impact on 35th, and with that, I'll answer any questions that you have. Commissioner Sarnoff: Mr. Cimbler, you're there? The project you're speaking about before, City ofMiami Page 98 Printed on 611112007 City Commission Meeting Minutes was that the project that Vicky Toledo -Garcia [sic] just brought before us 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., Mr. Cimbler: Yes, the one that was on March 22, which I also spoke against PZ-20-6058 reason. These are narrow streets, and you're plummeting these huge buildings, 09/19/22 use in that neighborhood. What it's doing is it's stifling development, because the would come in there and build lower level affordable units aren't going to do it becaus going to have to compete traffic wise with these huge monstrosities that are going on there, and this is not the first time I've objected to that area. When I lived there, I objected to the Onyx II project, for the same reason. These are just too big and too out of scale. Mr. B. Fernandez: But that's not what we're doing, you understand that? This is just the opposite. This is a three-story office building. Mr. Cimbler: The traffic in that area is horrendous. Commissioner Sarnoff: So --but what you're -- Mr. Cimbler: You've already got half a dozen office projects coming on board. Commissioner Sarnoff: -- so as far as you're concerned, what, an R-I would go there. Mr. Cimbler: The problem there is traffic. Commissioner Sarnoff: Right. Mr. Cimbler: You've got an old neighborhood with old streets -- Commissioner Sarnoff: OK Mr. Cimbler: -- they run one way, and the traffic's going to be coming up and down, and for the residents who live there, we're already exposed -- I can't even walk my dog unless I do it at 12 o'clock at night, unless I want to risk getting killed by cars weaving in and out of McDonalds and Taco Bell and the Shell Station because of the congestion that there is now. Now, put in more office buildings, put in more of these big towers, and it's a disaster waiting to happen. Commissioner Sarnoff: You understand he's talking about a three-story building. Mr. Cimbler: I understand, but what I'm talking about is the traffic impact. Commissioner Sarnoff: OK Mr. B. Fernandez: But there are no single-family homes on that street that are viable. There's one left. Mr. Cimbler: There's -- it doesn't matter. There's people who live -- Mr. B. Fernandez: But you don't -- that's -- Mr. Cimbler: -- in apartment buildings, there's people who -- and there are single-family homes. Richard Strell, who is also opposed to this, who couldn't be here today, lives in a duplex. Mr. B. Fernandez: They're all multifamily, and this is consistent with the height of the existing -- Mr. Cimbler: It's -- City ofMiami Page 99 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: OK. Mr. B. Fernandez: -- structures in the area. Mr. Cimbler: We're not -- we're talking about traffic congestion -- Chairman Gonzalez: The discussion -- Mr. Cimbler: -- and practicality. Commissioner Sarnoff: Thanks. I got my answers. Chairman Gonzalez: -- comes through the Chair. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Commissioner Sarnoff: Mr. Chairman, I'm going to make a motion to approve PZ -- Commissioner Spence -Jones: Second. Commissioner Sarnoff: -- 6. Chairman Gonzalez: All right. We have a motion on PZ.6, and we have a second. Read the ordinance, please. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 510. PZ.7 06-01234zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 402 NORTHEAST 36TH STREET AND 347 NORTHEAST 35TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 100 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE 06-01234zc ZB Analysis.pdf rni..obmitlal needs m Ide&dmf. pbk deaf,ng in—d—,ffl, nellns.df,&inth,City& Mlaml CWe. The decision -making body 06-01234zcZoning Map.pdf appdwde will wewmenb�a�onatth.,afl, d-in, �nde,® nx men, th, bkleecidon. 06-01234zc Aerial Map.pdf PZ-20-6058 06-01234zc ZB Application & Supporting Docs.pdf 09/19/22 06-01234zc ZB Fact Sheet.pdf s 06-01234zc CC Application & Supporting Docs - OLD.PDF 06-01234zc CC FIR Legislation (Version 2) - OLD.pdf 06-01234lu & 06-01234zc Exhibit A.pdf 06-01234zc CC FIR 02-14-07 Fact Sheet.pdf 06-01234lu & 06-01234zc February 2007 Corporation Certificate of Good Standing.PDF 06-01234zc CC FIR 04-26-07 Fact Sheet.pdf 06-01234zc submittal declaration of restrictive covenants.pdf 06-01234zc CC Analysis.pdf 06-01234zc ZB Reso.pdf 06-01234zc CC Application & Supporting Documents.pdf 06-01234zc CC Legislation (Version 3).pdf 06-01234zc CC SR Fact Sheet.pdf 06-01234zc Submittal Declaration of Rest. Covenants.pdf LOCATION: Approximately 402 NE 36th Street and 347 NE 35th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Melissa Tapanes-Llahues, Esquire and Ben Fernandez, Esquire, on behalf of Grape & Associates, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 30, 2006 by a vote of 4-2. See companion File ID 06-012341u. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-20.1 Biscayne Boulevard Edgewater Overlay District. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12923 Chairman Gonzalez: PZ.7 is a companion item. Anyone from the public on PZ.7? Saul Cimbler: Saul Cimbler. I would just incorporate the same comments I made before. Chairman Gonzalez: All right. Let the record reflect that the arguments of the speaker on the first item be incorporated on the second item. Is there a motion? Commissioner Sarnoff: Yes, Mr. Chairman. I'll make a motion to approve. Chairman Gonzalez: There is -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- a motion, and there is a second. Read the ordinance, please. City ofMiami Page 101 Printed on 611112007 City Commission Meeting Minutes Maria J. Chiaro (Assistant City Attorney): And this is an ordinance covenants offered. The Ordinance was read by title into the public record by Assistant City Atto Chiaro. Chairman Gonzalez: Roll call, please. 1�J L11Y'f]F� NOTICE ThIs submittaln d,b be ach.&p d for a ppbk healing In areand— with tlmellnee set forth in the City & Mlami Catle. The appu-de bep-n-maXing bWy will rewewthe inbrmation at the ppbp hearing t. n,nde, e nxpmmenda .,., a final eecivpn. LPZ-20-6058 / 09/19/22 /f Pamela E. Burns (Assistant City Clerk): Before we have roll call, for clarity of our records, will this be modified? Ms. Chiaro: No, it is not modified. Ms. Burns: Thankyou. Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 510. Ben Fernandez: Thank you. PZ.8 06-01057zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 3.0, TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT AND "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1756 AND 1770 NORTHEAST 4TH AVENUE, AND 1751-61-71-77 BISCAYNE BOULEVARD, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 102 Printed on 611112007 City Commission Meeting Minutes 06-01057zc ZB Analysis.pdf 06-01057zc ZB Zoning Map.pdf 06-01057zc Aerial Map.pdf 06-01057zc Application & Supporting Docs.pdf 06-01057zc Application & Supporting Docs #2.pdf 06-01057zc ZB Fact Sheet 07-10-06.pdf 06-01057zc ZB Fact Sheet 09-11-06.pdf 06-01057zc CC Zoning Map - OLD.pdf 06-01057zc CC Legislation (Version 2 - OLD).pdf 06-01057zc CC Legislation (Version 2 - Updated).PDF 06-01057zc CC Exhibit A.pdf 06-01057zc CC FIR Fact Sheet 10-26-06.pdf 06-01057zc CC FIR Fact Sheet 11-09-06.pdf 06-01057zc CC FIR Fact Sheet 01-25-07.pdf 06-01057zc CC FIR Fact Sheet 02-22-07.pdf 06-01057zc CC FIR Fact Sheet 03-22-07.pdf 06-01057zc CC FIR Fact Sheet 04-26-07.pdf 06-01057zc submittal zoning atlas map.pdf 06-01057zc CC Zoning Map - Modified.pdf 06-01057zc CC Analysis.pdf 06-01057zc ZB Reso.pdf 06-01057zc CC Legislation (Version 3).pdf 06-01057zc CC SR Fact Sheet.pdf 1�J L11Y'f]F� NOTICE rni..obnidal needs m h.&w d mn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e -mends ., nn a final decin., PZ-20-6058 / \\ 09/19/22 /f LOCATION: Approximately 1756 and 1770 NE 4th Avenue, and 1751-61-71-77 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of V Downtown, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on September 11, 2006 by a vote of 5-1. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District and SD-20.1 Biscayne Boulevard Edgewater Overlay District. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12924 Chairman Gonzalez: All right. Let's go to PZ.8. It's also a second reading. PZ.8. PZ.9 is a companion, I believe. Vicky Garcia -Toledo: No. Chairman Gonzalez: No, it's not. Ms. Garcia -Toledo: Just by itself. City ofMiami Page 103 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: PZ.9 is not a companion. PZ.8. Is there anyone here) 1756 and 1770 Northeast 4th Avenue? All right. I see no one here. Yes, sir. 1�J L11Y'f]F� NOTICE rni..obnidal needs m Ihedeied m, a pabk heeling In—nd—wM1h hnellnes set f,& in the City & Mlanl CWe. The appliwde decision -making body will rewewthe ntorna al the pabec hearing to renders me &L., nrafinal decison. PZ-20-6058 / �\\ 09/19/22 /f Roberto Lavernia (Chief of Land Development): For the --good afternoon. For N '� Roberto Lavernia, with the Planning Department. This item was already fully present there was a voluntary covenant offered by the applicant with a specific FAR (floor area ratio) that Commissioner Sarnoff request. Commissioner Sarnoff: Mr. Chairman, I have a question, just parenthetically. When we approve something that's amended and it's coming back for a second reading, there's no indication in our briefs -- Chairman Gonzalez: That it has been amended. Commissioner Sarnoff: -- that it's been amended. Chairman Gonzalez: I notice that. Vice Chairman Sanchez: It's a covenant. Mr. Lavernia: It's a voluntary covenant offered by the applicant. Commissioner Sarnoff: Well -- Ms. Garcia -Toledo: It doesn't (UNINTELLIGIBLE). Commissioner Sarnoff: -- yeah, I understand that, but on -- if somebody's looking at this on second reading, and let's say I wasn't sitting here, how would we know that unless it's shown somewhere in our books? Is that something we could work on or is that something not allowed? Ms. Garcia -Toledo: That -- Maria J. Chiaro (Assistant City Attorney) We can note the back-up material that a covenant is expected to be proffered. The ordinance, as I said in the last item you approved, remains the same. The parallel in the record reflects the voluntarily covenants to be attached to it -- Commissioner Sarnoff: Right. My -- Ms. Chiaro: -- so we can note the agenda packets that the expectation is a voluntary covenant -- Commissioner Sarnoff: Right. Ms. Chiaro: -- would be offered at the Commission meeting. Commissioner Sarnoff: Could -- on our title page, could it -- there be a section that -- write note, voluntary covenant offered at first reading? I mean, I think it would help everybody. Chairman Gonzalez: Definitely. Ms. Garcia -Toledo: Absolutely. Ms. Chiaro: Yes. Commissioner Sarnoff: OK City ofMiami Page 104 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: All right. Yes. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 Ms. Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo, with the law firm 09/19/22 2500 Wachovia Center. For the sake of expediency, through the Chair, to Comma Sarnoff, I will not do a presentation. I will call in, by reference, my previous pi esenta those of the consultants, and we have made the appropriate correction to the covenant to an FAR from 6 to 5.0. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Sarnoff: I'll make a motion. Chairman Gonzalez: I'm sorry. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. I'm sorry, Commissioner. You had the floor. Commissioner Sarnoff: I'll make a motion, Mr. Chairman, with the -- as amended with the covenant. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's an ordinance. Madam City Attorney, read the ordinance, please. Ms. Chiaro: And just to correct the record, the ordinance is not amended, but this -- Ms. Garcia -Toledo: The covenant. Ms. Chiaro: -- ordinance is approved accepting the voluntary covenants to be offered. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 510. Ms. Garcia -Toledo: Thank you. Chairman Gonzalez: Thank you. PZ.9 07-00047zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF A TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-19" City ofMiami Page 105 Printed on 611112007 City Commission Meeting Minutes DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF .4 AN BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOC APPROXIMATELY 2721 AND 2735 COCONUT AVENUE, MIA MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE. 07-00047zc Analysis.PDF 07-00047zc Zoning Map.pdf 07-00047zc Aerial Map.pdf 07-00047zc Application & Supporting Docs.pdf 07-00047zc ZB 02-26-07 Fact Sheet.pdf 07-00047zc ZB Reso.PDF 07-00047v CC Updated Variance Planning Checklist.PDF 07-00047zc CC Legislation.pdf 07-00047zc CC Exhibit A.pdf 07-00047zc CC FIR Fact Sheet.pdf 07-00047zc CC SR Fact Sheet.pdf 1�J L11Y'f]F� NOTICE mie eobnidal needs m h.&dtnra pbk heeling in r d, wM1h tlnellnee set f,& in the City& Mlaml Cobs. The appliwde decision -making body will renew the ntorna at the pubec hearing to renders mendation nr a final decison. PZ-20-6058 / �\ 09/19/22 /f LOCATION: Approximately 2721 and 2735 Coconut Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Robert Jerome Filer, on behalf of Steve's Parking, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on February 26, 2007 by a vote of 6-1. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-19 Designated F.A.R. Overlay District, F.A.R. of .4 and SD-12 Buffer Overlay District. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12925 Chairman Gonzalez: Before taking PZ.9, it has been the policy of this Chair in conducting these meetings to allow, on items being represented by attorneys, equal amount of time to each attorney on both sides of the item, and also to allow two minutes to the general public for their statements in favor or in opposition of any of the items, so let it be noted that attorneys will have equal amount of time and the general public will have two minute each to express your sentiment in reference to the project, either in favor or oppose. Thank you. PZ.9. Yes, Lavernia. Roberto Lavernia (Chief of Land Development, Planning): PZ.9 is a second reading. It was already passed on first reading on April 26, and it was fully presented, and the recommendation of Planning is for approval. This is an SD-12 imposing a property, no change in the base zoning, just adding the SD-12, and they have to be in front of you when they provide a plan for the parking lot in the area. Chairman Gonzalez: Anyone here representing PZ.9? Tucker you are? City ofMiami Page 106 Printed on 611112007 City Commission Meeting Minutes Tucker Gibbs: Yes. Chairman Gonzalez: All right. You -- anything you want to put on the record Mr. Gibbs: Nothing we want to put on the record. We accept the City's recom you have any questions, I'm here. Chairman Gonzalez: All right, sir. Commissioner Sarnoff: I'll make a motion to approve. Vice Chairman Sanchez: Second. 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dmn. pabk heeling In—nd, wM1h tlmellne. set f,& in the City of Mlaml CWe. The appdwde decision- naXing body will renew the information at the pabec hearing to rend,, e recommendation on a final d-id., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: We have a motion, and we have a second. Mr. City Attorney, will you read the ordinance, please? Jorge L. Fernandez (City Attorney): Yes. It's an ordinance on second reading. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Just for point -- Chairman Gonzalez: Roll call, please. Vice Chairman Sanchez: -- of clarification on this. This comes back to us with a special exception, right? Mr. Lavernia: Yes, sir. Vice Chairman Sanchez: Ok. All right. Chairman Gonzalez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 510. Mr. Gibbs: Thank you. PZ.10 07-00216lu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 10, 20, 30-32, 34 AND 58 NORTHEAST 53RD STREET AND 11, 17, 25, 35, 43 AND 57 NORTHEAST 52ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 107 Printed on 611112007 City Commission Meeting Minutes 07-00216lu - PAB Miami Jewish Home & Hospital.pdf 07-00216lu PAB Reso.PDF 07-00216lu CC Land Use Map.pdf 07-00216lu & 07-00216zc CC Aerial Map.pdf 07-00216lu CC School Impact Review Analysis.pdf 07-00216lu CC Application & Supporting Documents.pdf 07-00216lu CC Legislation.pdf 07-00216lu 07-00216zc CC Exhibit A.pdf 07-00216lu CC FIR Fact Sheet.pdf 1�J L11Y'f]F� NOTICE rni..obmidal needs m h.&w d tnr. pbk heeling In — d—wM1h tlmellne. set f,& in the City of Mlami CWe. The appdwde decision -making body will n: _e 'inform ' at the pa bec hearing to n,nde,e nxom da ., nr a final decison. PZ-20-6058 / \\ 09/19/22 /f LOCATION: Approximately 10, 20, 30-32, 34 and 58 NE 53rd Street and 11, 17, 25, 35, 43 and 57 NE 52nd Terrace APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Douglas Gardens Holding Corp., Inc., a Florida Not -For -Profit Corporation, Holding Company of Miami Jewish Home and Hospital for the Aged FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 7, 2007 by a vote of 5-2. See companion File ID 07-00216zc. PURPOSE: This will change the above properties to Major Institutional, Public Facilities, Transportation and Utilities. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.10 and on PZ.11, they're companion items. Anyone here to speak on PZ.10 or PZ.11 ? Anyone in opposition on this item or in favor that want to speak on the record? I see none. Mr. Lavernia. Harold Ruck (Planner If): Good afternoon. Name is Harold Ruck, with the Planning Department. As you stated, this is a companion item with PZ.11, and this is first reading for this request. The proposal, at approximately 10, 20, 30-32, 34 and 58 Northeast 53rd Street, and H, 17, 25, 35, 43 and 57 Northeast 52nd Terrace is for a change of the future land use plan map of the Comprehensive Neighborhood Plan from duplex residential to major institutional, public facilities, transportation and utilities. Subject property consists of 11 parcels, comprising approximately 1.41 acres; faces Northeast 53rd Street, Northwest 52nd Terrace, between North Miami Avenue and Northeast Miami Place. The property comprises the entire block, with the exception of one parcel located in the northeast corner of the block. The site is currently designated duplex residential. Surrounding the subject site is major institutional, public facilities, transportation utilities land use. Surrounding the subject site is major institutional land use to the east and south; to the north is also duplex residential land use. The PAB (Planning Advisory Board) recommended approval. The Planning Department also recommends approval. This major institutional land use is a logical extension of that category, since this designation is already within the subject block and will unify the designation with the properties to the south and the east. The Comprehensive Plan Goal LU-1 encourages a land use pattern that itpromotes and facilitates economic development, and LU-1.5 promotes the efficient use of land that minimizes land use conflicts. These findings support the position that the future land use map at this location should be changed. Thank you. City ofMiami Page 108 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE This su bmi" Ineeds b l "hed"'d bra" bec healing Chairman Gonzalez: Thankyou. Yes. In ffl,bmalinsadforth in the City & MlamiCWe.Th apphwhtebsi—n-makingi,Wywil renew the inbrm ,at the pubc hearing to rend,,e recommentlation or a final eecivon. Vicky Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo, with the law fi PZ-20-6058 Sumberg, at 2500 Wachovia Center. Commissioner, I'm appearing today on b 09/19/22 Jewish Home and Hospital for the Aged. The institution has obtained title to an e block, except one lot. The one lot remaining is under contract to the home and will be matter of a separate land use and zoning change application. The reason that it's not part of this application is that the owner is an elderly person and needed additional time to find suitable housing, so we agreed with her that she could stay in her home until she does so. We come to you with approval from your staff, from the Planning Advisory Board, the Zoning Board. We have submitted into the record letters of support for this application from State Senator Fredericka Wilson, from Gypsie Metellus, who was here all morning, and she is due back shortly, director of Sant La. Chairman Gonzalez: Let me ask you, wasn't this item here before? Ms. Garcia -Toledo: No. Chairman Gonzalez: No? Vice Chairman Sanchez: No. They -- Ms. Garcia -Toledo: No. This is the first reading. Vice Chairman Sanchez: They rezoned about nine years ago, right? Ms. Garcia -Toledo: Oh, yes. About 11 years ago, I think there was another rezoning matter. Chairman Gonzalez: Then I'm sorry for interrupting. Ms. Garcia -Toledo: That's OK. We've also met, at the request of the Planning Advisory Board, with members of the community, both ofBuena Vista East Neighborhoods [sic] Association, as well as representative of the local high school, Curley High, and we are issuing -- and this is just a point of information -- a private covenant and benefit of the Buena Vista East homeowners group, where we commit that the owner voluntarily proffers to develop the property consistent with and in furtherance of the mission of the Miami Jewish Home and Hospital for the Aged. It was our way of giving some comfort to the neighborhood, and I've just been joined by Mr. Marty [sic] Fine, who is on the board of the Home, and is available if you have any questions. Vice Chairman Sanchez: There is none. Ms. Garcia -Toledo: In order to expedite this, I would like to stop my presentation at this point and answer any questions you may have. Commissioner Spence -Jones: I just want to ask one quick question because I do know that it's in my district, and basically, they've always been very good neighbors in the area and I know the homeowners associations in the area support the Jewish Home. I have really no issue. I'm just - - I'm happy to see that something's going to be happening with the land because what's happening now is a lot -- there's overflow in the neighborhoods in front of other people's homes, so that's the only issue that's been a concern for many of the residents, so hopefully, this will address this --this is going to include parking. That's the whole purpose -- Ms. Garcia -Toledo: This is for -- Commissioner Spence -Jones: -- of it, right in? City ofMiami Page 109 Printed on 611112007 City Commission Meeting Minutes Ms. Garcia -Toledo: --parking. At this point in time, this will be for the employees. Commissioner Spence -Jones: OK, so I don't -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- have any issues with it at all. 1�J L11Y'f]F� NOTICE rni..obnidal needs to be.Ih.&dmr. pabk heahng In — d—wM1h hnellne. set forth in the City of Mlani CWe. The appliwde decision-nahing body will renew the information at the pabec hearing to rend,, e —mendadon or a f,,[ decmcn. PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: Anyone from the public that wants to speak on this item, either in for or in opposition of PZ.10 or PZ.11, which is a companion? I'm opening the public hearing for PZ.10 and PZ.11. I see no one from the public that wants to address the Commission on this item, so I'm closing the public hearing; bringing it back to the Commission. Commissioner Spence -Jones: Mr. Chairman, I would -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- like to go head [sic] and move this item. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second on PZ.10. Mr. City Attorney, would you read the ordinance? Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 510. PZ.11 07-00216zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "G/1" GOVERNMENT AND INSTITUTIONAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 20, 30-32, 34 AND 58 NORTHEAST 53RD STREET AND 11, 17, 25, 35,43 AND 57 NORTHEAST 52ND TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 110 Printed on 611112007 City Commission Meeting Minutes 07-00216zc Analysis.PDF 07-00216zc Zoning Map.pdf 07-00216zc Aerial Map.pdf 07-00216zc Letter of Intent.pdf 07-00216zc ZB Application & Supporting Docs.pdf 07-00216zc ZB 04-23-07 Fact Sheet.pdf 07-00216zc ZB Reso.pdf 07-00216zc CC Applications & Supporting Documents.pdf 07-00216 zc CC Legislation (Version 2).PDF 07-00216lu 07-00216zc CC Exhibit A.pdf 07-00216lu CC FIR Fact Sheet.pdf 1�J L11Y'f]F� NOTICE rni..obnidal needs m h.&w d mn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e -mends ., nn a final decin., PZ-20-6058 / \\ 09/19/22 /f LOCATION: Approximately 10, 20, 30-32, 34 and 58 NE 53rd Street and 11, 17, 25, 35, 43 and 57 NE 52nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Douglas Gardens Holding Corp., Inc., a Florida Not -For -Profit Corporation, Holding Company of Miami Jewish Home and Hospital for the Aged FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 23, 2007 by a vote of 5-1. See companion File ID 07-002161u. PURPOSE: This will change the above properties to G/I Government and Institutional. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.11 is a companion item. Is there a motion on PZ.11 ? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. Once again, this requires a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. We have a motion, and we have a second. Mr. City Attorney, read the ordinance, please. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 111 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE �� This eobmiaal �eeasmtxa�hea�i�.emh i,th,Cty& Ms. Burns: The ordinance has passed on first reading, 5/0. "more" ""me""� °"h'"ma... Mlami Cotle. The appdwde decision -making bony will renew the information at the pabec hearing t. render e recomme�aatio� o� � f�nzl eeudo�. Vicky Garcia -Toledo: Thank you. W\, PZ-20-6058 09/19/22 PZ.12 04-01269zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 2.3, AND "SD-20" EDGEWATER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 601, 611, 613 AND 615 NORTHEAST 23RD STREET AND A PORTION OF A PARCEL EAST OF 615, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01269zc Analysis.PDF 04-01269zc Zoning Map.pdf 04-01269zc Aerial Map.pdf 04-01269zc Application & Supporting Docs.PDF 04-01269zc ZB 05-14-07 Fact Sheet.pdf 04-01269zc ZB Reso.PDF 04-01269zc CC Legislation (Version 2).PDF 04-01269zc Exhibit A.pdf 04-01269zc CC FIR Fact Sheet.pdf LOCATION: Approximately 601, 611, 613 and 615 NE 23rd Street and a Portion of the Parcel East of 615 [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Soho CFI LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on May 14, 2007 by a vote of 6-3. PURPOSE: This will change the above properties to R-4 Multifamily High -Density Residential with an SD-19 Designated F.A.R. Overlay District, F.A.R. of 2.3, and SD-20 Edgewater Overlay District for the previously approved SOHO Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: PZ.12. Is there anyone in opposition to PZ.12 in the public? Anyone in favor ofPZ.12? No opposition. All right. Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning): Yes, sir. PZ.12 is request of change City of Miami Page 112 Printed on 611112007 City Commission Meeting Minutes in zoning in order to add SD-19 with an FAR (floor area ratio) of 2.3 for th Special Permit that was already approved. The Planning Department is rec because they are requesting SD-19, and consistently with -- recommend deni FAR. They has -- the applicant has been working with the Department. I'm go applicant present the project as it is. Ben Fernandez: Good afternoon. Chairman Gonzalez: All right. 1�J L11Y'f]F� NOTICE This submittals d, b be achetlulee for a pubk hewing In .—d once wM1h tl nd n. set forth in the City & Mlami Cote. The appllutle bsi—n-making bony will renew thei nlorme ' at the pu t hearing to rend e R=ommendk n or a fna l eecivon PZ-20-6058 / A� 09/19/22 /f Mr. B. Fernandez: Mr. Chair, members of the board, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of Mr. Dean Stratouly, the Congress Group, the owners of the property, the subject of the application. This application is associated with a Major Use Special Permit that the Commission approved in 2004 for the Soho Loft project, and the reason that we're back before you today is -- somewhat of an atypical application -- because as a result of comments from various trades, including Fire, the plan that was approved for that MUSP (Major Use Special Permit) had to be reworked. The interior configuration of the plan needed to be worked, and the new plan that we're proposing matches the approved plan entirely. That is the building envelope is identical. It's actually somewhat reduced from the approved plan, but the plan requires more floor area as a technicality of the Code because we're increasing -- we're adding a level within the envelope of the plan to accommodate the units, even though the number Of units dropped. It's just that the floor area has increased, and the way that the Code counts floor area portions of the prior plan that discounted areas like mechanical rooms and certain types of stairways, et cetera, have been reduced, and areas that now count as floor area have been increased, so we're requesting an SD-19 in order to give us the additional floor area that we need in order to fill out the inside of the building so to speak. Our new plan proposes 17 fewer bedrooms, five feet less in height, which are the parapet, and two fewer units. The lot coverage is the same as the approved plan, and let me just remind you. This is an area in Edgewater that is already developed with many MUSPs and Class Its that are similar to this in nature. You have the Rosabella project; Paramount is in the area, and the property's already zoned; obviously approved. It's R-4. It's zoned for multifamily development. We're not asking for an increase that would create more density. We're simply asking for this approval in order to be able to modify our plan. We still need to go back to the Planning Department and ask for a nonsubstantial modification to our Major Use Special Permit, which would require that we meet the conditions of Section 2215.1 of the Zoning Ordinance, what you see before you there, and you can see that -- what those requirements are. They're basically that we do not exceed the zoning regulations, which we would not do if you approve our rezoning request today; that the footprint of the building not be moved in any direction by more than five feet. We're not going to be doing that; that the height of the building not be increased by more than five feet or five percent. We're not doing that. We're actually dropping the height of the building, and then there's the final requirement, which is basically that the changes result in substantially the same project as what you approved in 2004, and I want to bring up our project architect, which I meant to introduce at the beginning, Mr. Rai Fernandez from Bermello Ajamil and Partners, to walk you through the new plan and tell you a little bit more about it, but basically, the Zoning Board recommended approval of our application. They understood that this wouldn't result in any additional impacts to the neighborhood, and we would ask that you do the same. I want to bring up Rai to just walk you through the project briefly. Rai Fernandez: Thank you. Rai Fernandez, with offices on 532 Broadway, New York. Quickly, just to, again, reiterate what Ben just mentioned. The original design that was done -- essentially, it was two buildings. The area that you see here was not counting as FAR in either case. We were able to almost maximize the total use of the FAR that was strictly given to the units. When the new building was looked at, the owners preferred a more traditional organized building where you would have two stairs, two elevators, and a corridor. However, in doing so, you begin to see that all of this, as part of the current Zoning Code, becomes FAR, and we lost a City ofMiami Page 113 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE Thi. sebmine' needs m � e�hedeied m, a p�bk heeling substantial amount in doing that. The other aspect of it, the original floor t 'n 'w 'Z''i dd ii onh inng City & Wy Miami Code. The app'iwde tlecision-maXing hotly vnl' reNewthe inh3rmativn d the pu bk hearing to renl,, e looking at possibly a higher floor to floor from --in these areas. What we w ommendation ore bne'decivort shrink this somewhat to be able to reintroduce a floor and if you look at the I PZ-20-6058 you begin to see that it's essentially the same building. It's no higher. It's now 09/19/22 what we've done is sort of designed a more efficient within the same envelope that there. The only drawback that we have is that we need the additional FAR to make tha but other than that, you have less units, you have the same height; we're not exceeding that. You have the same bulk of building as you would originally. Commissioner Sarnoff: Mr. Chairman. Mr. Fernandez -- because I think -- Mr. R. Fernandez: Fernandez, yes. Commissioner Sarnoff: -- isn't it? All right, so I got two Fernandez up here. Mr. R. Fernandez: Two Fernandez to deal -- Mr. B. Fernandez: That's right. Commissioner Sarnoff: All right. I got the dual Fernandez. IfI understood you correctly, this building was originally designed as two distinct towers. Mr. R. Fernandez: What originally happened -- Commissioner Sarnoff: That's the approval you have, correct? Mr. R. Fernandez: In the original design, you essentially have a wall that separates these four units with the two stairs, two elevators, four separate foyers, and the same thing occurs on the other side, so in fact, this could be a building by itself and another building by itself. Now, when you -- what was sort of interesting about that, when you study the Code, this, in essence, does not impact FAR. Now, when you then switch that and you go to a more traditional building with a corridor, all right -- you begin to see corridors here, corridors here, and the like -- this becomes FAR, FAR, but again, we did away with two stairs; we did away with two elevators, so we gained certain benefits from the design, but at the same time, we lost the opportunity. Commissioner Sarnoff: How would you guys feel about making this a LEED (Leadership in Energy and Environmental Design) certified building? Mr. R. Fernandez: We have been looking at studying that. There is a possibility that we could achieve that. Right now --I mean, certified is probably something that could be doable, so we have studied it. We know we can do it. We're well versed in that --in those requirements, so that's something that we would -- we could definitely investigate. Commissioner Sarnoff: Mr. Chairman, I'll make a motion, then, to approve the change if they were to offer that they could get to a LEED certified building. Mr. R. Fernandez: Thank you. Mr. B. Fernandez: We would do that. We would commit to do that, via covenant, I suppose, since this is a rezoning between -- Jorge L. Fernandez (City Attorney): Correct. Mr. B. Fernandez: --first and second reading. City ofMiami Page 114 Printed on 611112007 City Commission Meeting Minutes Mr. Fernandez: Correct. Commissioner Sarnoff: I'm sure they'd voluntarily do that. Mr. B. Fernandez: Yes, they will. Mr. R. Fernandez: Yes. Chairman Gonzalez: All right. We have a motion. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: And there is a second. Vice Chairman Sanchez: On -- Chairman Gonzalez: Vice Chairman Sanchez. 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dmn. pabk heeling In—nd, wM1h tlmellne. set f,& in the City of Mlaml CWe. The appdwdle decision- naXing body will renew the information at the pabec hearing to rend,, e recommendation on a final d-id., PZ-20-6058 / \\ 09/19/22 /f Vice Chairman Sanchez: -- discussion, counsel, this is the first time I've ever seen a project come back to us after the MUSP -- Mr. B. Fernandez: Right. Vice Chairman Sanchez: -- so that -- and you've cleared it out, you did and so did the Administration when they sat down with us, the concern that we had and I guess everyone else has is the following that when this project comes back, we want to make sure that there's no modifications to the project where it's not what the original approval was, and having seen that - - you know, I'm a little concern with that disconnect with how this issue happened, and I think that we need to work it -- work on this to make sure that this doesn't happen again, because you know, if you have a project that is signif -- there's significant change and it comes back to us, but how this happened? I mean, I still haven't figured it out how we got to this point where it had to come back. Mr. Lavernia: It was a request from the Fire Department -- Mr. B. Fernandez: Yeah. This is -- Mr. Lavernia: -- and the Building De -- Mr. B. Fernandez: -- one of the early MUSPs in 2004 before they all started coming in, and it's not unusual for -- Vice Chairman Sanchez: No. Mr. B. Fernandez: -- something to require a nonsubstantial modification; it happens all the time. It just doesn't come before the Commission. Vice Chairman Sanchez: But I'm not saying that the system is broken -- Mr. B. Fernandez: Right. Vice Chairman Sanchez: -- by far, but I mean, this is the first one that I've ever seen where it had to come back because just a minor -- Mr. B. Fernandez: It is unusual. City ofMiami Page 115 Printed on 611112007 City Commission Meeting Minutes Vice Chairman Sanchez: Yeah, so I just wanted to put that on the record, discussion, I would call for a vote. Chairman Gonzalez: All right. Mr. City Attorney, would you read the ordinance have a motion and a second. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. 1�J L11Y'f]F� NOTICE rni..obrnidal needs to t Ihedeied to, a pbk hearing in.�ord—wim timers— ef,&in the City& Mlami Code. The applies Lie decision-,aXing body will reWewthe inlvnnadvn at the public hearing to render a rep mendkon or a final decison. PZ-20-6058 / \\ 09/19/22 /f Pamela E. Burns (Assistant City Clerk): And again, for clarity for our records, would the LEED certification modify this ordinance? Mr. Fernandez: No. Chairman Gonzalez: No. Ms. Burns: Thank you. Mr. Fernandez: No. On first reading. By second reading, we will have a covenant proffered where they will have the certification, and that would be an attachment to the ordinance. Ms. Burns: Thank you. Mr. Lavernia: Isn't that covenant including also that the -- this project have to be built in that -- Commissioner Sarnoff: I see what you're saying. Mr. Lavernia: -- zoning designation with that FAR, attaching the project to the land? Commissioner Sarnoff: I agree, with that amendment, yeah. Ms. Burns: Roll call. Commissioner Sarnoff: Well, when they come back for the second reading. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 410. Mr. B. Fernandez: Thank you. PZ.13 06-02044zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 615 CONCERNING SD-15 RIVER QUADRANT MIXED -USE DISTRICT IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY BY CLASS II SPECIAL PERMIT; AND ALSO IN ORDER TO MODIFY THE AFFORDABLE HOUSING CONTRIBUTION IN THE SD-15 DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 116 Printed on 611112007 City Commission Meeting Minutes 06-02044zt - PAB Fact Sheet.pdf 06-02044zt - PAB Legislation.pdf 06-02044zt PAB Reso.PDF 06-02044zt CC Legislation (Version 2) - OLD.pdf 06-02044zt CC FIR Fact Sheet 01-25-07.pdf 06-02044zt CC FIR Fact Sheet 02-22-07.pdf 06-02044zt CC Legislation (Version 3).PDF 06-02044zt CC FIR Fact Sheet 05-24-07.pdf 1�J L11Y'f]F� NOTICE rni..obnidal needs m h.&w d mn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e -mends ., nn a final decin., PZ-20-6058 / \\ 09/19/22 /f APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to the City Commission on November 15, 2006 by a vote of 5-0. See companion File ID 06-02044zt1. PURPOSE: This will permit public storage facilities within 150 feet from a major interstate by Class II Special and will modify the affordable housing contribution in the SD-15 district. NOTE: This item was originally combined as one item with File ID 06-02044zt1. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: All right. PZ.13 and 14 are -- come from the Administration. Lourdes Slazyk (Zoning Administrator): Yes. PZ.13 and 14 originally came to you first reading with one --as one ordinance. We were asked to bifurcate it. They were doing-- it was amending SD-6 and SD-1 S. We have bifurcated them, so the SD-6 and 15 amendments are separate before you. PZ.13 is the amendment to SD-1 S. This does two things. First of all, it allows for public storage facilities, located in buildings that are 150 feet or less from a major interstate highway by Class IT It's only for existing buildings, and the second half of the amendment is to modify the Affordable Housing Trust Fund contribution. We had amended it in the rest of the City to $12.40, and we inadvertently left out SD-1 S, so this offset from 6.67 to 12.40 to match the rest of the City. The Class II is assurance that each and every one of these applications will be seen by the Planning Department, and it prohibits the public storage from the ground floor, so you still have to have your ground floor retail pedestrian -friendly, but allows adaptive use of upper floors for storage on existing buildings, and it was recommended for approval by the Planning Department and approval by the Planning Advisory Board. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on these items, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones: Mr. Chairman, I just have a quick question, and I remember this item. Commissioner Sarnoff, is this the same item that came up in front of us in one of the -- and Lourdes, you might want to -- Ms. Slazyk: OK. Wait. City ofMiami Page 117 Printed on 611112007 1�J L11Y'f]F� City Commission Meeting Minutes Commissioner Spence -Jones: -- at least give us some -- NOTICE rni.e, m b Ihea.�e m,. pabk h.,,,g In arcortlana wM1h tlmelln1ld forth in the City & Mi"I CWe. The apphwhl' decision -making bwywill rewewthe inbrmation at the pabc hearing t. re dtl ' a ,ecommenda ., o, a final d-in., Ms. Slazyk. Wait. Lucia was correcting me. SD-6. The next one is for the e. PZ-20-6058 This one is -- just says public storage located in a building distance of ISO feet ' 'Ll, 09/19/22 �/c major interstate highway, but SD-1 S is that little piece of the river quadrant wher (Miami Riverside Center) is. SD-6 is the one that's further east of the FPL (Florida Light). This is not for those sites. What was the question? Commissioner Spence -Jones: OK My question was, I re -- I think I recall this item. Commissioner Sarnoff, you can chime in any time you want, but is this the same item that came in front of us and we was making the adjustment for just one? Commissioner Sarnoff: One building. Commissioner Spence -Jones: So the whole policy was changing -- Commissioner Sarnoff: Just one building. We'll be changing the McCormick Building. Commissioner Spence -Jones: Yeah. Ms. Slazyk: But it -- Chairman Gonzalez: All right. Ms. Slazyk: -- applies to the whole district. It does not just apply -- actually, McCormick Building is in SD-6. That's the next item. Commissioner Sarnoff: Oh. Ms. Slazyk: The SD-1 S is the river quadrant district, which is where the MRC is and those couple blocks just around it, it's like a block in each direction. SD-6 is where the McCormick is, which includes a lot more property than that -- theirs. SD-6 also has some other properties just south of the CBD (Central Business District), up Biscayne Boulevard and up near the Omni area. It's more than just one property. Commissioner Sarnoff: And this does not apply to existing buildings, right? This -- Ms. Slazyk: This one does not. It's the SD-6. SD-6 is on the Biscayne Boulevard corridor. We don't want anyone building a new public storage facility there, but if you have an older building and you want to find an adaptive use for those upper floors, that's where the SD-6 one limits you to existing buildings. Chairman Gonzalez: All right. Is there a motion on PZ.13? Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff: I'll second. Chairman Gonzalez: And there is a second. It's an ordinance, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 118 Printed on 611112007 411Y R �I .(1n.d�nffl,t1ndfMh v.0 niav City Commission Meeting Minutes NOTICE needs m t Ihedeied m,. pabk heeling in the City& Theappdw le decision -ma king bWywil brmation at the pabec hearing t. n,nde,Chairman Gonzalez: Roll call, please. cm d.ticn nr a fm.l d-in., PZ-20-6058 / Pamela E. Burns (Assistant City Clerk): Roll call. 09/19/22 /f A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 410. PZ.14 06-02044zt1 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 606, CONCERNING THE SD-6, SD-6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY AS ADAPTIVE RE -USE OF EXISTING BUILDINGS BY CLASS II SPECIAL PERMIT, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02044zt PAB Reso.pdf 06-02044ztl CC Legislation (Version 1).PDF 06-02044ztl CC FIR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to the City Commission on November 15, 2006 by a vote of 5-0. See companion File ID 06-02044zt. PURPOSE: This will allow certain public storage facilities by Class II Special Permit in the SD-6, SD-6.1 and SD-15 zoning districts. NOTE: This item was originally combined as one item with File ID 06-02044zt. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.14. Is there a motion on PZ.14? Vice Chairman Sanchez: Does this --? Commissioner Sarnoff: I'll -- Chairman Gonzalez: You covered PZ.14, right? Lourdes Slazyk (Zoning Administrator): Yeah. PZ.14, this is the one that's for existing -- Chairman Gonzalez: For the existing buildings. City ofMiami Page 119 Printed on 611112007 City Commission Meeting Minutes Ms. Slazyk: -- buildings only. Vice Chairman Sanchez: Right. Ms. Slazyk: You can't build a new one. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e recommendation nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Vice Chairman Sanchez: So this does the same for PZ -- PZ.13 does the same for the SD-6 district, right? Ms. Slazyk: PZ.14 does the same for SD-6. The big difference is that this is for adaptive reuse only. Vice Chairman Sanchez: Right. Chairman Gonzalez: All right. Vice Chairman Sanchez: OK. Chairman Gonzalez: Is there a motion on -- Commissioner Sarnoff: I'll make a motion -- Chairman Gonzalez: -- PZ.14? Commissioner Sarnoff: --Mr. Chairman. Vice Chairman Sanchez: Second. Chairman Gonzalez: Commissioner Sarnoff made a motion, Vice Chairman Sanchez second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chairman Gonzalez: PZ.1 S -- Ms. Burns: OK. Excuse me. Is that -- Chairman Gonzalez: -- has been con -- Ms. Burns: -- a vote? OK, and Commissioner Regalado, yes, for 510. Passed on first reading. PZ.15 06-01846mu RESOLUTION TO BE CONTINUED BY ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5,13 AND 17 OF ZONING ORDINANCE NO. City ofMiami Page 120 Printed on 611112007 City Commission Meeting Minutes v.0 �Sav NOTICE rni..obmitla� �eae, m be.Ine"�iee m, a p�bk nea,e,9 11000, AS AMENDED, FOR THE COLUMBUS CENTRE PR ° 1C°,° pli ad, dsle °"n io<g Wy Ai th f The app Ape bsbk -m i,g t b dtl ,ll LOCATED AT APPROXIMATELY 21 SOUTHWEST 15TH RO "e.�e,�o m a �.,pfiehfa, 9�ore�ee,® eauo� o� a n,ai eeueo,. 1490-92 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO CON PZ-20-6058 APPROXIMATE 710-FOOT, 56-STORY HIGH MIXED -USE STIR 09/19/22 BE COMPRISED OF APPROXIMATELY 219 TOTAL MULTIFAMIL • RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 234 HOTEL ROOMS; 211,449 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 6,512 SQUARE FEET OF RETAIL AND RESTAURANT SPACE; AND APPROXIMATELY 596 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01846mu - PAB Columbus Centre.pdf 06-01846mu CC 05-24-07 Fact Sheet.pdf LOCATION: Approximately 21 SW 15th Road, 1450 and 1490-92 South Miami Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of 1450 South Miami, LLC, a Florida Limited Liability Company, Nickel Goeseke, Veronica Cervera Goeseke, Javier Cervera and Alicia Cervera FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness on July 5, 2006 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended denial to City Commission on February 21, 2007 by a vote of 7-1. *See supporting documentation. PURPOSE: This will allow the development of the Columbus Centre project. CONTINUED PZ.16 06-00440xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, REGULATIONS, TO ALLOW SURFACE PARKING IN A RESIDENTIAL ZONE TO SERVE THE COMMERCIAL USE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3885 NORTHWEST 6TH STREET AND 600 NORTHWEST 38TH COURT, MIAMI, FLORIDA, SUBJECT TO THE FOLLOWING CONDITIONS: 1) PUBLIC WORKS APPROVAL TO LANDSCAPE AND MAINTENANCE OF THE SWALE TO PREVENT PARKING AND 2) City ofMiami Page 121 Printed on 611112007 City Commission Meeting Minutes PROVISION OF DOWN LIGHTING ON THE LOT. 06-00440xc Analysis.pdf 06-00440xc Zoning Map.pdf 06-00440xc Aerial Map.pdf 06-00440xc Application & Supporting Docs.PDF 06-00440xc Plans with Old Zoning Writeup.PDF 06-00440xc ZB 04-09-07 Fact Sheet.pdf 06-00440xc ZB Reso.PDF 06-00440xc CC Plans with Updated Zoning Writeup.PDF 06-00440xc CC Legislation (Version 2).pdf 06-00440xc Exhibit A.pdf 06-00440xc CC Fact Sheet.pdf 1�J L11Y'f]F� NOTICE rni..obnidal needs m h.&w d mn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f LOCATION: Approximately 3885 NW 6th Street and 600 NW 38th Court [Commissioner Tomas Regalado - District 4] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Hasred, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval with conditions* to City Commission on April 9, 2007 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow surface parking in a residential zone to serve the commercial use. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0291 Chairman Gonzalez: PZ.15 was continued by the Administration. PZ.16, Commissioner Regalado's district, and it is a resolution. Yes, Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. This is a special exception. This -- recently, this lot came for a zoning change to add SD-12; it pass, and this is the special exception to have the parking. The Planning Department is recommend approval because they comply with all of the requirement of SD-12, including egress and egress, lighting, landscaping the wall; everything. They put it on the plan, so it's approval as presented. Vice Chairman Sanchez: Right, but it has to come back to us? Mr. Lavernia: No. This is the come back. Vice Chairman Sanchez: This is it? Mr. Lavernia: This is the special exception, yes, sir. Commissioner Regalado: Mr. Chairman, what this is is this was a change of -- Vice Chairman Sanchez: Oh, OK. City ofMiami Page 122 Printed on 611112007 City Commission Meeting Minutes Commissioner Regalado: -- zoning for -- Vice Chairman Sanchez: I got it. 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dm,. pabk healing In—nd, wM1h hmellnes set f,& in the City of Mlaml CWe. The appdwdle decision- naXing body will renew the information at the pabec hearing to rend,, e recommendation or a final d-id., PZ-20-6058 / \\ 09/19/22 /f Commissioner Regalado: -- the adjacent area of this medical building located on NoTMAWAW Street, right across the shopping center. The -- I remember one issue that a resident had, and it is the air condition -- I mean, the generator -- Lucia Dougherty: Generator. Commissioner Regalado: -- the generator that would make noise and -- Ms. Dougherty: That's correct. Commissioner Regalado: -- send fumes. I remember that was one of the issues that the resident presented when he was here several month ago, so I just wanted to remind that -- maybe there have been some progress or remedy on this case. Thank you. Ms. Dougherty: Thank -- Chairman Gonzalez: Yes, sir. Ms. Dougherty: -- you, Mr. Chairman, members of the Commission -- Chairman Gonzalez: You have an answer to the concern of the Commissioner? Ms. Dougherty: I do. Chairman Gonzalez: Go ahead. Ms. Dougherty: Yes. Since that period of time, you may recall the generator used to come on every week for 30 minutes in order to test it, you know, so what we've done is we've -- have it turned on every two weeks for 20 minutes, and we've also -- a -- we have installed a industrial strength baffle around the generator, and also, additional landscaping, so we think that Mr. Levi is -- doesn't have the same issue with noise as he had before. I've submitted to you a industrial report or a report from our engineer telling you the kinds of baffle that we can -- and we have, in fact, installed the industrial baffle, which is the highest strength hospital baffle that you can have on a generator. Would you like me to make any further presentation in connection with the special exception? Commissioner Regalado: That was the main issue that it was presented by the resident immediately living at the area. Ms. Dougherty: Perhaps what we should do is open it to a public hearing, and if there's anything in response, then I will -- Vice Chairman Sanchez: I want to hear the -- Ms. Dougherty: -- respond to it, butt have Dr. Stuart Harris with me, as well as Bruce Wilner and Cecilia [sic] Alvarez, who are the owners, as well as the architect, Isaac Sklar, and in the event it calls for rebuttal, I will be available. Chairman Gonzalez: All right. This item requires a public hearing. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. Good afternoon, City ofMiami Page 123 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE rni. eobmidal needs m be"hedeiee mr a pabgn heeling sir. Welcome. in e�ore— ffl, umennesse< ronh in<he City& Mlami Code. The appdwhl, decision -making body will rewewthe information at the pubec hearing to renher e nxommendation or a final eecieon. Roy Levi: Good afternoon, sir. My name is Roy Levi. I live at 3889 Northw PZ-20-6058 property immediately adjacing [sic] at 3885 Northwest 6 Street, and second ho 09/19/22 Northwest 38th Court, and addressing the generator, yes, I have not perceived the running at all. I thought it was fantastic the way they had put a baffle on the generato from disturbing the neighborhood. However, they're not as all friendly as it seems to be. They start work at -- they raised the building on 38th Court and Northwest 7th Street, and they started work on it between 6: 30 and 7 o'clock in the morning, and so that wakes up -- that wakes me up, and I'm the single-family dwelling that's in --opposed to this constant concrete. They have an insatiable desire to pave. If it's green, if it's grass, tear it up and pave it, and this is what they want to do; keep paving it. I adjoin this -- to this property. I'm going to be disturbed by the traffic flow coming into the property, and I'd be disturbed by concrete being placed, and if you've seen it or if you haven't seen it, I do have pictures of the parking lot that they have paved and put in some kind of foliage, and I don't find it very attractive at all; that's my opinion. I like my trees much better than theirs, so I'm against the constant concrete pavement going into my neighborhood, and it's going to be a hazard, I think, for my family or for myself. I'm there by myself now. That's perfectly all right. My kids come by and take care of me, so I'm doing well, so I would oppose this constant -- I'm opposed to this proposal, so I'll be back whenever it's necessary, and I thank you very much for your time. Chairman Gonzalez: Thank you, sir. Vice Chairman Sanchez: Thank you, Mr. Levi. Chairman Gonzalez: Anyone else from the public that wants to speak on this item? Seeing none, hearing none, the public hearing is closed; it comes back to the Commission. Commissioner Regalado. Commissioner Regalado: Just for the landscaping. Ms. Dougherty: Yes, sir. Here is the area in which Mr. Levi was opposed to the demolition of the existing building, which was a multistory apartment building on that corner, a couple -- this building was demolished, and the parking lot will be like this. Now here's the interesting thing. When you have an SD-12 overlay, one of the requirements is that you cannot enter the parking lot from the residential portion, so we have a 20 foot landscape buffer that doesn't exist here today, plus a wall, a six-foot masonary [sic] wall separating us from the street, which is the residential street, and there will be no entrance and exit onto the residential street, so here is the 20 foot landscape buffer. This is where Mr. Levi lives. This will be a masonary [sic] wall all the way around. The entrance and the exit to the parking lot can only be on the commercial area, and remember -- if you remember the zoning district map, this -- all of this is a sea of commercial here. This is the area that we are asking for just the landscaped parking lot. Now you may remember the testimony from the zoning hearing. One of the issues that the neighborhood had was the fact that there isn't sufficient parking in the neighborhood. They have to -- whether it's our catering service -- and we have somebody who actually caters this facility has to circle the neighborhood any number of times before they can find a parking space to service this area. We have nurses; we have doctors; we have clients; we have employees. We employ about 120 people at the facility, and it's very few parking, so one of the neighborhood complaints is there isn't sufficient parking, and we're trying to address that. We have a facility -- they've been there since the '90s with 120 employees, a third of which live in the City of Miami, and we would request and ask your support for this special exception. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman, I move to approve the resolution, PZ.16. City ofMiami Page 124 Printed on 611112007 City Commission Meeting Minutes Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion on PZ.16, and we have a second. It's in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PZ.17 06-02074v RESOLUTION 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e mends ., nr a final d-in., PZ-20-6058 09/19/22 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, TO ALLOW AN INCREASE FROM 40% TO 50% OF THE MAXIMUM ALLOWED FOOTPRINT: 8,750 SQUARE FEET ALLOWED, 10,998 SQUARE FEET PROPOSED, REQUEST TO INCREASE 2,248 SQUARE FEET, FOR THE PROPERTY LOCATED AT APPROXIMATELY 296 SOUTHWEST 7TH STREET, MIAMI, FLORIDA. 06-02074v ZB Analysis.PDF 06-02074v Zoning Map.pdf 06-02074v Aerial Map.pdf 06-02074v Application & Supporting Docs.pdf 06-02074v ZB Plans.pdf 06-02074v ZB 02-26-07 Fact Sheet.pdf 06-02074v ZB Reso.pdf 06-02074v Appeal Letter.PDF 06-02074v CC Analysis.PDF 06-02074v CC Plans.PDF 06-02074v CC Updated Variance Planning Checklist.PDF 06-02074v CC Legislation (Version 2).pdf 06-02074v CC Exhibit A.pdf 06-02074v CC Legislation (Version 3).pdf 06-02074v CC Exhibit A.pdf 06-02074v CC Fact Sheet.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0292 Chairman Gonzalez: And it's time -- OK We have an appeal. Lucia Dougherty: I'm sorry. Say it again. Chairman Gonzalez: PZ.17. Vice Chairman Sanchez: No. That's not an appeal. City ofMiami Page 125 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: Yeah, variance appeal. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 Roberto Lavernia (Chief of Land Development, Planning Department): It's an 09/19/22 s Commissioner Spence -Jones: It's in your depart -- your -- Roberto Lavernia: -- the Zoning Board decision of denial of the variance. The Planning Department recommend approval of the variance. They are designing the building in order to maintain a coral rock wall that is existing on site. That is not designated, but it is a contribution. It's a very pretty wall, and they are designing the building in order to maintain that, and for that reason, they need the variance. We recommend approval, and the Zoning Board deny, and that's the appeal that you have in front of you today. Chairman Gonzalez: OK, so it's -- Mr. Lavernia: Lucia is going to explain the project. Chairman Gonzalez: -- an appeal on the Zoning Board decision, right? Mr. Lavernia: Yes, sir. Vice Chairman Sanchez: Open it up to the -- Chairman Gonzalez: All right. Vice Chairman Sanchez: Open up to the public. Let's go. I don't think -- there's no opposition to this, is there? Chairman Gonzalez: Is there any opposition -- Vice Chairman Sanchez: No. Chairman Gonzalez: -- to this item, PZ.17? Anyone from the public to speak on PZ.17? Vice Chairman Sanchez: Brief. Chairman Gonzalez: I see none. Yes, ma'am. Ms. Dougherty: Thank you very much. For the record, Lucia Dougherty, with offices at 1221 Brickell Avenue, here today with Iris Escarra, and we're here on behalf of Angel Parets and Pablo Orozco, who own this property, and I know that you'll all recognize this property because this is the exit to Miami when you get on I-95 from 7th Street and 3rd Avenue. It's probably one of the least proud buildings, where you can be the least proud of this building as almost any of them in the City. I'm going to ask Iris to pass that around so you can get a close look of it. It is also located in a area that is zoned high -density multifamily mixed use. I mean, this purple portion here is SD-7, which is probably the most intense zoning classification in the City, and here's our property right across the street from it, so when you look at this picture, by the way, this is Latitude right behind it, so that's what you're facing all along this property, and I'm -- I've just asked the architect to provide you with kind of an idea of the kind of scale that is directly across the street from this very modest building. This is 11 stories, 120 feet proposed, and it is directly across the street from Latitude, and this is the -- a current picture of Latitude actually in its place. This is it going up, so it's actually even more intense than you can see it here, so what are we asking for? We're asking to have a footprint variance, and what I've passed out to you this afternoon -- let me just borrow one back, if you don't mind -- is a Zoning Code provision, City ofMiami Page 126 Printed on 611112007 City Commission PZ.18 07-00281 Meeting Minutes 1�J L11Y'f]F� NOTICE This submittals d,b be sch.&W d for a public healing which allows the City, by Class II, to waive yards, required open -- off-stree "'�°r°an�wn mallnsae f,&in the City& Miam Cotle. The appllwbte beci—n-mahing bony will reNewthe inbrmativn at the public hearing t. n,nde, e envelope, light plane, or open space in order to preserve some sort of archa emmendadv., a final d-id., on the site, and here we have an oolite limestone river rock that is on our pro PZ-20-6058 preserving. The City archaeologist has asked us to preserve this, and we are d 09/19/22 ,/C it requires us to do is waive setbacks, which the City is granting us to do. What t under this provision is waive the footprint We do meet all of our criteria for open we're asking for a very modest footprint variance for this project, so with that -- Vice Chairman Sanchez: All right. Ms. Dougherty: Yes, sir. Vice Chairman Sanchez: Mr. Chairman, I would make a motion granting the variance, overturning the Zoning's Board vote for denial. So move. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion, and we have a second, and that is -- Commissioner Regalado: Let me say just something. In 1955, we spent a year living here in Miami. I was very -- I was a child, and we lived there, and I remember that huge rock, where all the kids in the area used to play, so thank you for preserving that -- Ms. Dougherty: Did you have good memories of living there? Commissioner Regalado: I have good memories of that rock. Ms. Dougherty: Good -- I'm glad you have memories of the rock and not the building. Commissioner Regalado: No, no. The building is gone. Actually, that building wasn't there; it was another building. Chairman Gonzalez: All right. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: It's a resolution. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Ms. Dougherty Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE ATTACHED COCONUT GROVE RAPID TRANSIT ZONE DEVELOPMENT STANDARDS, LOCATED WEST OF SOUTHWEST 27TH AVENUE, EAST OF SOUTHWEST 29TH AVENUE AND BETWEEN SOUTHWEST 27TH TERRACE AND US1, MIAMI, FLORIDA, FOR CONSISTENCY WITH THE COCONUT GROVE RAPID TRANSIT ZONE DEVELOPMENT MASTER PLAN AND ADOPTION OF THE DEVELOPMENT STANDARDS, PURSUANT TO ARTICLE 4 OF ZONING ORDINANCE NO. 11000, AS AMENDED; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING City ofMiami Page 127 Printed on 611112007 City Commission Meeting Minutes FOR BINDING EFFECT; CONTAINING A SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE. 1�J L11Y'f]F� NOTICE rni.needs m ba.Iha&iad m,. pbk haehng in ar<ond—wM1h tlmellne..et iodh in the Cityof MIam1 Co]e. The appliwde decision-maXing body will rewewthe inlormadon at the pubec hearing t. n,nde, a mends ., or a final d-in., PZ-20-6058 07-00281 - PAB Recommendation for master Plan Dev. for CGRTZ.pdf 09/19/22 07-00281 Aerial Map.pdf ' 07-00281 PAB Reso.PDF 07-00281 CC Master Plan Development Standards.pdf 07-00281 CC City of Miami Letter.pdf 07-00281 CC City of Coral Gables Letter.pdf 07-00281 CC School Impact Review Analysis.pdf 07-00281 CC Legislation.pdf 07-00281 CC Master Plan Development Standards.pdf 07-00281 CC Fact Sheet 04-26-07.pdf 07-00281 CC Fact Sheet 05-24-07.pdf 07-00281 Submittal Doc..pdf 07-00281 Submittal Comprehensive Neighborhood Plan.pdf 07-00281 Submittal Conditions.pdf 07-00281 Submittal E-mail Pastoriza.pdf 07-00281 Submittal Green Book.pdf 07-00281 Submittal Letter Lopez.pdf 07-00281 Submittal Letter Rua.pdf 07-00281 Submittal Map.pdf 07-00281 Submittal Petitions.pdf 07-00281 Submittal Village Council Reso.pdf LOCATION: Approximately West of SW 27th Avenue, East of SW 29th Avenue and Between SW 27th Terrace and US1 [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission fdue to the lack of sufficient detail of: 1) Workforce housing; 2) Public participation; 3) Design standards; 4) Affordable housing; and 5) No maximum F.A.R.} on March 7, 2007 by a vote of 7-0. PURPOSE: This will adopt the proposed Coconut Grove Rapid Transit Zone Development Standards. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to reject the submission of any transcripts of hearings proffered to be submitted into the public record on behalf of the developer. A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and City ofMiami Page 128 Printed on 611112007 City Commission Meeting Minutes passed unanimously, with Vice Chairman Sanchez voting no, to deny item I conditions the revised draft for internal review and the map provided to the Chairman Gonzalez: OK. Exactly one hour. Vice Chairman Sanchez: You did a good job. Chairman Gonzalez: Really? PZ.I8. Vice Chairman Sanchez: All right. 1�J L11Y'f]F� NOTICE rni..obmida[ needs m —Ih.&w d mn. pbk heeling In...nd— tht—Ine..etiodh in the City of Mlami Code. The zppU.U, decision -making body will rewewthe int nnm on at the pu bec hearing to n:ndere mends ., nra final decidon. � PZ-20-6058 / \\ 09/19/22 /f Lourdes Slazyk (Zoning Administrator): PZ.I8 is a request to adopt the master development standards for the 27th Avenue Metrorail Station site. This particular request is not approval of a project for the site. The actual project will have to go through a separate process with Dade County. These are the standards under which a future project will eventually be reviewed. This, in effect, is like adopting a zoning code for the property. The ultimate approving body for the project at this site, though, is the County. Some of you may remember that back in the late '70s, when the Metro stations were being planned out, the City gave jurisdiction of these sites to the County, so again, the ultimate approving body for the development at the stations is Dade County. The process, though, for the adoption of these standards begins with the County, and the site falls within their Code. As the County Code specifies, the standards have to come to you from the County's RTDIC Committee, which is the Rapid Transit Development Impact Committee, of which the City is permitted two members. For this particular station, the County received a draft proposal of the standards from the lessee, who will also be presenting to you this afternoon. The County then prepared an alternative proposal for the RTD (Rapid Transit Development) to consider. The lessee originally requested something similar to what might be a C-I in the City of Miami, which is an unlimited height proposal. That was unacceptable. He amended his proposal then down to about 35 stories, which was also unacceptable. The RTDIC -- the lessee then finally reduced his proposal to about 250 feet. At the RTDIC, we approved 19 stories or 200 feet as a maximum, which is consistent with the approved lease for the site. What you have to remember here is the County has two hats in this; one is as the landlord for the property, and the other is the regulating body. As landlord, the County enters into a lease with the lessee as to what they want them to build. They negotiate lease payments and things like that. As a regulating body, they adopt a zoning code and approve a project for -- which has, you know -- the zoning code establishes your heights, your setbacks, your parking requirements, but under the lease, they're required to do certain things, which they will describe to you when they make their presentation. The City is recommending approval of the standards, as modified by the RTDIC based on findings that these proposed standards comply with the goals, objectives, and policies of the Comprehensive Plan, specifically LU-1.1.10, and the TR-1.5.2. On March 7, 2007, the PAB (Planning Advisory Board) recommended denial of the standards. Their denial was based on concerns that the application lacked sufficient detail in workforce and affordable housing, public participation, design standards, and no maximum FAR (floor area ratio). With respect to the workforce and affordable housing, the standards that were approved by the RTDIC before you tonight require that 12.5 percent of whatever housing they do on this site must be workforce housing. There is -- the standards say that they must have housing on the property, and through their lease, they have over 200 units that they're proposing for here, so of that, 12.5 percent has to be workforce housing. Vice Chairman Sanchez: Workforce. Ms. Slazyk: Some of the objectors at the PAB thought that because this was public property, it should be all affordable housing, and what the County and, I think, what the City really would like to see at this station is mixed use. The way the development standards were approved, there is minimum square footages in a variety of uses, which will ensure mixed use at this station, and that is really how you get the most viable transit oriented development, which is what this station City ofMiami Page 129 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE kden1Y404r midal needs m `*"hedeied mf a pebgn healing is. Regardingpublic participation, the PAB -- there was some concern that°nd— ffl, nm°e fMh in tha City& vde.The applies Lie decision-maXing bodywil at the pabk hearing to n:nderprocess with the County, the lease was changed, and that did go through a pmmend on of a final decid,n County, and it went to the County Commissionfor approval, but the PABfePZ-20-6058 was not enough public participation in thatprocess. Unfortunately, that's a09/19/22not a City process, so I'm not sure that that concern makes sensefor PAB to participation at a County level, and the last was they had a concern that there was no t FAR. The County Comprehensive Plan states that a station of this type has a minimum FAR of 1.5. What the standards do is they adopt the height limits, open space requirements, setbacks, and all of the other parameters that will determine an envelope for the site, so they don't really give a maximum. It's a minimum, and then minimum square footage is within each of the development types. Also, with respect to consistency of these standards with the surrounding area, this site is surrounded by commercially designated property within the Comprehensive Plan. Across 27th Terrace, there is zoning of R-2, but the land use for that same property is restricted commercial. This is because years ago when we knew the station was beingplanned for this site, the City knew that once the station was developed, we wanted to change the zoning around the station to a mixed -use classification in order to provide a transition between the station and that duplex neighborhood, so we designated the land use restricted commercial. Right now their zoning is R-2, and once a project is approved for the station, what should happen in that area is that the zoning should be changed to a mixed -use classification, work/live, or you know, a limited commercial district in order to provide the transition. At the RTDIC, the City requested that an amendment be made to these standards to include a 75 foot height limit along the 27th Terrace portion of the station site in order to provide that transition in height from the 200 feet or 19 stories that was approved for the US I portion of the site. With that, I'll let the lessee make theirpresentation. Ifyou have any questions, I'll be here. Commissioner Sarnoff: I do have some questions. Ms. Slazyk: OK. Chairman Gonzalez: Me, too. Commissioner Sarnoff: Mr. Chairman. Chairman Gonzalez: Yeah. Commissioner Sarnoff: Ms. Slazyk, first place, the lease was signed seven years ago, correct? Ms. Slazyk: I don't know the dates of the lease. The County doesn't -- they didn't include us in their lease negotiations. It's their lease. Commissioner Sarnoff: OK In 1999, the developer proposed a 14-, a 10-, and a 1-story building for approximately 250, 000 square feet, correct? Ms. Slazyk: That did not come to the City either. It's my understanding from the RTDIC that that was the case, but they did not come to the City for that. Commissioner Sarnoff: OK, and then in 2000, he proposed 19, 19, and ],for an increase of 200,000 square feet, or a total of 450,000; correct? Ms. Slazyk: That's what the currently proposal is. Commissioner Sarnoff: And in 2006, he propose a 35-, a 35-, and a 25-story building for 1.5 million square feet, correct? Ms. Slazyk: That was rejected, but there -- that was one of their draft proposals. City ofMiami Page 130 Printed on 611112007 City Commission Meeting Minutes Commissioner Sarnoff: OK, and to give a perspective, that would be -- the down by Dadeland Mall -- Dadeland, I should say, is a one million square correct? 1�J L11Y'f]F� NOTICE rni..obminal needs m—Ih.&dm,. pabk heeling In—d, wM1h tlmellne. setforth in the City& Mlami Cede. The appliwd, decision- naXing body will reWewthe inlvnnativn at the pabc hearing to n:nder a mendatlon yr a final decison. PZ-20-6058 / 09/19/22 /f Ms. Slazyk: I don't know. I'm assuming you have your --I don't know what Datran is7"W4 outside the City -- Commissioner Sarnoff: OK Ms. Slazyk: -- but the proposal today before you is not 35 stories; it's 19 stories. Commissioner Sarnoff: Well, let me ask you one other procedural -- Ms. Slazyk: Sure. Commissioner Sarnoff: -- question. Something called an S-A-A-D, or a SAAD [sic l plan? Ms. Slazyk: The SADD (Station Area Design and Development). Commissioner Sarnoff: Right. The County requires when a mixed -use project is proposed within proportions of the Rapid -- RTZ, Rapid Transit Zone, passing through municipalities, the Station Area Design Development Program, the SADD, a joint municipal County program shall prepare a proposed master plan development for such proposed uses. The development standards before you today for the 27th Avenue Metrorail project did not go through the SADD process, correct? Ms. Slazyk: My -- Commissioner Sarnoff: In fact, the development standards -- Ms. Slazyk: -- yeah. My understanding is that that's what the RTDIC did. It was a joint -- the City has members on the RTDIC; the County prepares it, and the City and County together recommend the standards that then come to you for adoption. Commissioner Sarnoff: Well -- Ms. Slazyk: My understanding is that's the process we went through with the RTDIC. Commissioner Sarnoff: Then why would the former director of Planning and Zoning write as follows, when she's responding -- this is Diane O'Quinn Williams to Nick Nitti. "That's a good question because the Code says, per Section 33(c)2(d)9(d), that the standards are prepared by the S-A-A-D [sic], SADD program, which is a joint municipal County program. That is the process that Guillermo O. thought we should be going through, " but we're not going through because the SADD program does not exist. Ms. Slazyk: The SADD program -- we have an SADD for the Coconut Grove Station, the one that was prepared in the late '70s. When each of these stations has come before this City Commission, we look at that original SADD, and our recommendations are based on whether that -- the proposals before you today, which is a joint process through the RTDIC, whether those proposals are consistent with the original SADD for each station. We have one for each station in the City -- Commissioner Sarnoff: Well, what -- City ofMiami Page 131 Printed on 611112007 City Commission Meeting Minutes Ms. Slazyk: -- but they were prepared in the late '70s. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., Commissioner Sarnoff: IfTm a citizen and I'm sitting here -- I know we, as PZ-20-6058 always going, "Where's the MUSP (Major Use Special Permit)? " Because we 09/19/22 something. We want to get an idea -- and I don't think any of us here are architec want to know what is a million square feet? Is that a lot or is that a little? All right. this Board long enough, you know that's a lot, but 200,000 square feet, is that a lot or is that a little? How do you form that 200, 000 square feet? What does that envelope of that 200, 000 square feet going to mean? Ms. Slazyk: Right. Commissioner Sarnoff: A 1.7 FAR; that means something to somebody sitting over here; it may mean a whole lot less to somebody sitting over here; it may have no meaning to the people sitting out in that audience. A S FAR probably puts you on your heels 'cause you know what it means. An 8 FAR; you probably would always say is too big. Doesn't the SADD process -- actually, it's -- kind of is a sad process -- but doesn't the SADD process, at a minimum, suggest that the citizens be afforded the opportunity to look at what the building envelope would look like, to look at the confines of what an FAR is? But they don't have that before them. Ms. Slazyk: Well, the thing is, they can't design a project for this until the parameters under which the project can be designed are approved. There is no zoning on the station sites until these development standards are approved. Commissioner Sarnoff: I understand, but aren't you putting the cart before the horse? Because ifTm a citizen, this is their opportunity. This is especially a City ofMiami citizen's opportunity that lives within three blocks of this to say I want to have an idea what I'm going to -- I want to have an idea what's going to be built around a house that I've been paying for the past 20 years. You know, I want to know how massive this project is, and all we're doing is talking numbers, and those are illusory numbers to a person that has -- look, I've been on this Board the least, and I basically almost know what a 1.7 FAR is. You know, the Chairman may know a 4 FAR and say, Commissioner Sarnoff, that's a huge building, and I may just about be able to understand that, but for the citizens to understand that, doesn't the SADD process dictate or at least suggest that there be some sort of a pictorial envelope that the folks out there would understand what they're going to get next to their homes? Ms. Slazyk: It's no different than any of -- than the rest of your Zoning Code, or even the Miami 21 Code, or any zoning code. The numbers are going to dictate that envelope, and they're very clear in here. Chairman Gonzalez: Not really. Ms. Slazyk: It's 200 feet, or 19 stories. Your -- Chairman Gonzalez: Not really. Ms. Slazyk: --footprint limitations are here. Your setbacks are here. The parking requirements are here. They're no different than any other code. They know that in no event will this thing be more than 200 feet tall. You know that it's going to be setback `X" amount of feet from each street. You know that the --you know, those parameters are in here. Commissioner Sarnoff: I think, Lourdes, for you, who does this everyday -- Ms. Slazyk: Yeah. I -- City ofMiami Page 132 Printed on 611112007 City Commission Meeting Minutes Commissioner Sarnoff: -- it may be very comfortable, it may be very easy. month. I know the Chairman has more experiences than I do. I mean, I hav what you're speaking of. I can only imagine what a citizen has when they su going to have three buildings; two are going to be setback 75 feet from the 25- a possible FAR of 1.7, and we may allow them, with a silver building, to go to a 2 I don't even know what that means myself. I can't even begin to imagine what a p in their neighborhood -- and that happens to be very close to my neighborhood -- 1�J L11Y'f]F� NOTICE This submittal needs b lx achedwed for a pubk heahng In...ndnce.i tm1,,essetiMh in the City& Ml,mf Cvtle. Theappliwhletlsis n-maXing bWy will rewewthe inlvrmativn at the pabk hearing to rende, endkt nr a f,,[ d,,id,n. PZ-20-6058 / 09/19/22 /f Chairman Gonzalez: And they don't even know what the building is going to look like. Commissioner Sarnoff: Sure, and you suggest Miami 21. You know, I've been saying, in Miami 21, can you just show me a picture? You know what I want to see? I want to see what would that building have looked like before Miami 21. What will that building look like after Miami 21? So I use your example. NowTm not a pro at this. I'm not even suggesting I am, but still want to see the picture. Chairman Gonzalez: Yeah. Commissioner Sarnoff: I still want to get a pictorial understanding, and forgive me, but I've seen my colleagues, and I've seen them say, "Can I see the MUSP? " 'Cause everybody wants to see what are we talking about. Chairman Gonzalez: Exactly. Ms. Slazyk: Yeah, but before an architect can design the building for that MUSP, they have to know what their code lets them do, and what you're doing here is adopting the code. They now have to go through a whole nother public process to get the building approved. That's when we see the pictures, but who's going to pay architects to go design a building when they don't even know what the code is going to be? And -- Commissioner Sarnoff: So -- Ms. Slazyk: -- it is -- it's a little bit -- Vice Chairman Sanchez: It's a County process. Ms. Slazyk: --and I understand -- Commissioner Sarnoff: Oh, I understand it's a County process. Ms. Slazyk: -- the confusion, but you know, that's why this goes to the County Planning Department and the City Planning Department, and that's why we review and we make recommendations to you because there -- you know, we look at the context of the area. You have buildings approved on either side of this that are between 160 and 200 feet tall. This is 200; it's consistent. It's consistent with the Comprehensive Plan, and that's why we make recommendations to you, but the project itself will go through a whole nother public process and hearings. Commissioner Sarnoff: That's the first time I'm hearing that, so -- Ms. Slazyk: Oh, yeah, it has to. It's going back to the RTDIC and the County Commission. Commissioner Spence -Jones: Lourdes, can I ask you one quick question, just piggybacking on Commissioner Sarnof? The project that tookplace in our district, I guess we sharing the district, the TOD (Transit -Oriented Development) -- City ofMiami Page 133 Printed on 611112007 City Commission Meeting Minutes Ms. Slazyk: Santa Clara? Commissioner Spence -Jones: Santa Clara. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e recommendation nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Ms. Slazyk: Yeah. That's not a TOD. It's a -- it's all residential. To be a real TOD -= Commissioner Spence -Jones: It has to be apart of the -- Ms. Slazyk: -- it has to be more mixed use. Chairman Gonzalez: But actually, that's a box. It is what it is. It's a big box. Ms. Slazyk: Because that one came in -- Chairman Gonzalez: Santa Clara. Ms. Slazyk: -- as an affordable housing project -- Chairman Gonzalez: No design -- Ms. Slazyk: -- at the transit station. Chairman Gonzalez: -- no nothing. Ms. Slazyk: Yeah. Chairman Gonzalez: I mean -- I got two or three of these in Allapattah, so I know what you going through -- Ms. Slazyk: Right, and I think the vision for this particular -- Chairman Gonzalez: -- but I'm also -- Ms. Slazyk: -- station is a true mixed use. Chairman Gonzalez: -- told that the County has the right to build whatever they want to build there, right? Ms. Slazyk: My understanding from the County attorney -- because I asked this very question at the RTDIC meeting. I wanted to know what had happened with Santa Clara, and -- Commissioner Spence -Jones: Yeah. Ms. Slazyk: -- his response to me -- because when that came to this Commission, the standard, just like you have today, the City Commission did not recommend approval, and my understanding -- Commissioner Spence -Jones: That was the -- Ms. Slazyk: -- is that it -- Chairman Gonzalez: And the County build it anyway -- Ms. Slazyk: -- went to -- City ofMiami Page 134 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: -- so we're wasting -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 Ms. Slazyk: -- you know -- 09/19/22 s Chairman Gonzalez: -- our time here today. Ms. Slazyk: Well, yes and no, but let me finish because I don't think it's a waste of time. You absolutely have the right to adopt this. If you don't adopt it, one of two things can happen. It will either go on to court, or it goes back to the RTDIC to continue working on the standards. What Santa Clara chose to do was go to court, and they won, and it came back to this Commission, and this Commission approved it on the second go -round because of -- Chairman Gonzalez: Yeah, but they had -- Ms. Slazyk: -- after the litigation. Chairman Gonzalez: -- to go through court first. Ms. Slazyk: Right, but it did -- it was not the County that overrode it is what the County attorney told me. The County didn't override the City Commission. They do have a right to override the City Commission when the project is a government project, which they would have for the Overtown. That's also an S -- it went through that same process, but that was for a County facility. They could have overrode this Commission, and for the WASA (Water and Sewer Authority) at 37th. There they did override us, I think, so in certain projects, they have the right to override us; in others, it would either go back to RTDIC or to court, like Santa Clara did -- Commissioner Regalado: Mr. Chairman. Ms. Slazyk: -- but you absolutely have a right here to -- Commissioner Regalado: OK Ms. Slazyk: -- make an -- Commissioner Regalado: Yeah. We do have a right, but what I like to know is this is one project. Now the County is issuing another RFP (Request for Proposals) for the 37th Avenue -- Ms. Slazyk: I just heard that myself, yes. Commissioner Regalado: -- so the question is, to what extent can anybody build there? I mean, is there any limits that the City can place, or is it everything about court, and by the way, they can go, as I was told by the City Attorney, and appeal to the County Commission the ruling of the City Commission. Ms. Slazyk: And I had not heard that from the County attorney, but I guess that's --there -- because this is governed by the County Code. Commissioner Regalado: I understand that. Ms. Slazyk: Yes. Commissioner Regalado: I understand that. I mean, the biggest mistake ever done by the City is gave the City's right-of-way on -- City ofMiami Page 135 Printed on 611112007 City Commission Meeting Minutes Vice Chairman Sanchez: May -- Commissioner Regalado: all the -- Vice Chairman Sanchez: --I? 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Commissioner Regalado: I mean, Commissioner Sanchez had, I remember many years ago, the issue of -- Ms. Slazyk: The Vizca -- Commissioner Regalado: -- the Children's Museum -- Ms. Slazyk: Yes, at Vizcatran Station, yeah. Commissioner Regalado: -- on the Vizcaya -- Ms. Slazyk: Yep. Commissioner Regalado: -- thing, but I'm telling you, the kind of RFP that the County is issuing for the 37, after the House of Lies situation that they had there, it's like a huge, huge, huge building, which by the way, it would impact the same to Golden Pines -- Ms. Slazyk: Yes. Commissioner Regalado: -- the same thing. Ms. Slazyk: What'll happen there is the same as here. There'll be the -- Chairman Gonzalez: All right. Ms. Slazyk: -- Rapid Transit Development Impact -- Commissioner Regalado: Yeah, but -- Ms. Slazyk: -- Committee, and then it'll come to you. Commissioner Regalado: -- my question is, what kind of legal recourse we have to stop or change the final product, not what we're doing here, the final product? Vice Chairman Sanchez: None. Chairman Gonzalez: None. Vice Chairman Sanchez: None. Maria J. Chiaro (Assistant City Attorney): Ultimately, it is Miami -Dade County that has the final say on what is on this -- Chairman Gonzalez: Yeah. Ms. Chiaro: --property. This process allows for this, as you know, Commission to make a recommendation for approval or a recommendation for denial. With the recommendation for denial, the position and the adjustments that this Commission might want can be appended to the recommendation for denial, but there are not modifications allowed from this City Commission. City ofMiami Page 136 Printed on 611112007 City Commission Meeting Minutes Ultimately, the -- Miami -Dade County has the authority to basically Chairman Gonzalez: All right. 1�J L11Y'f]F� NOTICE This ao bnidal needs m � e�h.&� dm,a pabk heahng in —d ante wM1h t—i nee set iodh in the City & Mi"I Code. The appU.de decision -making body will renew the ntorna at the pabdc hearing to renders nxonnendation nr a final decison. PZ-20-6058 / \\ 09/19/22 /f Commissioner Regalado: And what is the area Commissioner position in that -- j7% County, or has this gone to a County committee or a County Commission committee Ms. Slazyk: Not that I know of. Maybe the lessee's attorney can answer that. Vice Chairman Sanchez: Well, it did go to the Rapid Transit Development -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- Impact -- Chairman Gonzalez: Let's -- Vice Chairman Sanchez: -- Committee, right? Chairman Gonzalez: -- try to -- Ms. Slazyk: Yes. Chairman Gonzalez: -- start the process because, otherwise -- Ms. Slazyk: Yeah. I mean, he -- Chairman Gonzalez: -- we will never hear anyone. Ms. Slazyk: -- I'm sure Gil -- Chairman Gonzalez: I think you want to -- Ms. Slazyk: -- can answer some of those -- Chairman Gonzalez: -- say something. Ms. Slazyk: -- questions. Vice Chairman Sanchez: Mr. Chairman, ifI may. I think we're missing the point here. It's all about jurisdiction here, OK; what role we have and what role the County has. The County has the jurisdiction -- Ms. Slazyk: Yes. Vice Chairman Sanchez: -- in the Metrorail station. Ms. Slazyk: Yes, they do. Vice Chairman Sanchez: There is a process. We don't control that process. Ms. Slazyk: No, we don't. Vice Chairman Sanchez: That process goes in front of the County. The residents could go in front of the County. The residents are going to have the same ample opportunity to address the City ofMiami Page 137 Printed on 611112007 City Commission Meeting Minutes development. They're going to have an opportunity to go through the entire County side. We just say nay or yea, and with the recommendation that's pr that -- let's hear the presentation. We're going to be listening to a lot ofpeop be talking on the item, and then at the end, we'll debate it, and at the end, it's ju whether we support the standards or we don't support the standards presented to Miami -Dade County Rapid Transit Development Impact Committee, and then the won't have to deal with it. Chairman Gonzalez: All right. Mr. Pastoriza. 1�J L11Y'f]F� NOTICE rni..obmittal needs to t Ih.&d mr a paboo heahng In arcordanm wM1h tlmellne. set forth in the City & Mlaml Code. The appliwhle tlsi.ion-mahing body will rew_w intornrt at the pabk hearing to r,nde,a mendatlon or a final d,,ivon. PZ-20-6058 / k' 09/19/22 /f Gilberto Pastoriza: Mr. Chairman, good afternoon. Gilberto Pastoriza, 2525 Ponce De Leon, 7th Floor. First of all, I would like to congratulate and wish a happy birthday to Commissioner Regalado, and I would -- I'm going to go off -- a little bit off of my outline because I feel that I need to respond to certain comments that have been made here. First of all, there was a Station Area Design and Development done on this rapid station site, and I would like to submit that for the record. Then there was an issue of wanting to see a project. Well, it is very difficult for anybody to be able to design a project at this stage of the game. At this stage of the game, all that you're doing is you're creating a mini zoning code for this particular property. Once you create this mini zoning code, then we're going to hire an architect who's going to design a building based on that mini zoning code. There was talk hereabout the 37th Avenue Douglas Station. We have --I have herewith me today a distinguished cast of characters from Miami -Dade County. I have Bruce Libhaber, who is the County attorney, Mr. Frank Talleda, who is from MDTA (Miami -Dade Transit Authority), Ann Hernandez, who is also from MDTA, and Nick Nitti, who is from the Planning and Zoning Department, and that station site has been put on the market for sale. Now with regards to the process, which is one of the things that I was going to get into my presentation in detail so that everybody can understand what the process is. I would -- before I start, I would like to put some things into the record, if you don't mind. I would like to make part of this record, by reference, all the documentation, studies from experts, testimonies, and exhibits that were filed with Miami -Dade County in connection with this matter. I would also like to put into the record the transcripts -- because we've had several hearings on this matter already -- of the Rapid Transit Development Impact Committee hearings of 11129106 and 1124107. Commissioner Sarnoff: Why would we accept those into the record here? What pos -- Mr. Pastoriza: Because I am allowed -- Commissioner Sarnoff: Wait, wait. Let me ask a question because I want to ask the City Attorney. Why would we submit something that no Commissioner is going to read into the record so that that will be submitted as if we could have or should have read them? Ms. Chiaro: It is within your -- Commissioner Sarnoff: Well, if they're going to be submitted in, then I want to read them, and I'm not going to make a decision so that he can have an appellate remedy without me having the opportunity to read them, and I will bet -- Ms. Chiaro: You do not need to accept them as part of the record. It is with -- it is up to the City Commission if they are accepted as part of the record. Vice Chairman Sanchez: When have we ever denied anybody --? Commissioner Sarnoff: Well, why would you set yourself up for that? Why would you --? Vice Chairman Sanchez: Why have we --? I don't -- I've been here for nine years. I've never -- City ofMiami Page 138 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE mi. M1h set toah in the City & —" neeas m's�heaw•.e mn a p.bon heahng whmellnes we've never enie In —neanm any o y t e opportunity to present any evi ence. Mam,�We. The apphcade aec-n_ nah,n, hotly nil renew the inbnnn nat the pu bk hearing to rend,,, s�" re�ommenaation nn�nnai eeueon. Commissioner Sarnoff: Are you going to read that evidence? PZ-20-6058 W\, 09/19/22 Vice Chairman Sanchez: I might. Commissioner Sarnoff: OK, then I think we should all take an adjournment because I think those are probably voluminous transcripts. Vice Chairman Sanchez: Commissioner, I've been here nine years. I don't think we've ever denied anybody the opportunity to present evidence into the record. Commissioner Sarnoff: But why would you accept something into the record you have no ability to read? Mr. Pastoriza: Commissioner, it's then your position that I cannot introduce those hearings, which already tookplace -- Commissioner Sarnoff: Not at all. Mr. Pastoriza: -- as part of the --? Commissioner Sarnoff: I'm suggesting, if you'd like me to submit -- if you'd like me to consider them, then I could not vote today. Mr. Pastoriza: I don't know. I'm not too clear, butt thinkyou were -- Commissioner Sarnoff: I want to be clear to you. Mr. Pastoriza: -- at one of those hearings. Commissioner Sarnoff: I was at that hearing for about 15 minutes -- Mr. Pastoriza: OK. Commissioner Sarnoff: -- so if you'd like me to base my opinion on the 15 minutes of the hearing, I could restrict myself to that. If you'd like me to -- if you're going to put evidence into this record that I'm expected to read, then I should have the opportunity to read that evidence. Mr. Pastoriza: OK, so that concludes my procedural issues. You know the property in question is west of 27th Avenue, between 27th Avenue and 29th Avenue, and between 27th Terrace and US 1. At the outset, I would like to make it very clear that Coconut Grove Station Development, LTD, which is, by the way, the lessee under the lease with Miami -Dade County, that Coconut Grove is not seeking any road closures, and that there will be no need for any eminent domain or takings of any action will be required in the eventual development of this property. The only property that is before you today and the only property to which this standards will apply are the property that is owned by Miami -Dade County and which constitutes the 27th Avenue Rapid Transit Station. I would also like for this Commission to understand that Coconut Grove has certain development obligations under the lease that it needs to full. We believe that the standards which have been recommended by the County's Rapid Transit Development Impact Committee, which by the way, include a City staff members, and is also recommended by your Planning and Zoning Department, are the minimum standards under which we can meet our lease obligations. The process. Miami -Dade County, under its home rule powers, has designated certain lands along the rapid transit system as rapid transit zones. The property in question is designated rapid transit zone. The County has vested jurisdiction over these rapid City ofMiami Page 139 Printed on 611112007 City Commission Meeting Minutes v.0 �Sav NOTICE k114;4 mid��eeesm s�xeewdmf a"bue xeaf,"9 transit zones for all zoning and building approvals. The County Code alsond— Itht—in.. a fMh in the City& �approving development within these zones that come within a municipality.�be�that masterplan development standard be created first. These standards aPZ-20-6058 the County's Rapid Transit Development Impact Committeefor their review09/19/22recommendations. In situations such as this, where the station property liemunicipality, the County Code provides that "such proposed masterplan developme shall be submitted to the appropriate municipality for review and adoption. " Once the Commission adopts these standards, there will be a project that will be designed in accordance with those standards. Once the project is designed, the project undergoes further review. The project is reviewed by the Rapid Transit Development Impact Committee, and it's reviewed by the Board of County Commissioners. There is -- and I think, Commissioner Regalado, you asked this question, whether there is public input and whether the City has any say in the ultimate project that will be approved here, and the answer to those questions is yes, in two ways. First, there are two members of your City staff that sit with the Rapid Transit Development Impact Committee. Second, when the public hearings is before the Board of County Commissioners, the advertisement that that Commission generates is almost three time greater than the advertisement requirements for a matter in the City of Miami. On a matter like this, the City of Miami would require notice to neighbors within 500 feet. The City Code -- the County Code requires notice to neighbors for around 1,250 feet, or a quarter of a mile, I believe, so there is an opportunity not only for the City, but there's an opportunity for all the citizens who live around this site to have input and to have a say when a project gets designed. We don't have a project today. We just have a set ofparameters, a small zoning code. The land development standards that are before you tonight have undergone an extensive County staff and RTDIC review, and are being recommended by both for approval. You're not recommending a project. You're just recommending a code so that we can build onto -- you know, from that code. Coconut Grove, as a tenant, under the lease with the County, is very supportive of these standards, and we urge this Commission to adopt them. We believe that the proposed standards are consistent with the City's Comprehensive Plan and are compatible with the area. Just to give you a sense of perspective -- and Lourdes touched upon it -- when this -- when these standards first came about, there were standards that, as we've gone along, have been -- every time that we go through, the standards have been decreased. Just to give you an example, density was originally set at 300 units. The standards that you have before you today are 125 units to the acre. When we originally submitted standards, the standards were for unlimited height; the height that you have before you today is 200 feet, or 19 stories, whichever is less, so this parameter or this standards have evolved, and every time that it has evolved, it has evolved in a sense of downsizing what can be built on this project -- on this property. In arriving at these standards, both Miami -Dade County and the City of Miami have made a finding, that they are both consistent with both comprehensive plans, and they are appropriate for a transportation -oriented development at the 27th Avenue Metrorail station site. I think that even the most skeptic ofpeople out there can understand and can accept that planningprinciples dictate that high -density, high -intensity development needs to occur in close proximity to major transportation corridors, more so where rapid transit is also provided along these corridors. This principle is supported by a number of studies, and this board illustrates some of those studies that support these principles, but I think of greater importance is that your Comprehensive Plan expressly supports this concept. Policy TR-1.5.2 provides that the City's land development regulations will direct high -density commercial and residential development and redevelopment in close proximity to Metrorail and Metromover stations. The property in question is not inclose proximity to a Metrorail station. It is in the Metrorail station, and I would like to just give you a copy of --The property's also at the intersection of two major arterial roads, Southwest 27th Avenue and US (United States) Highway 1. This property is the right property for these standards. Besides TR-1.5.2, we have also identified about ten other comp plan goals, policies, and objective where that this [sic] proposed standards are consistent with. I do -- I'm not going to talk to all -- about all of them. I'll give you a copy of the ones -- I would just want to mention one of those prop -- one of those goals, policies, and objectives that I handed out to you, which is TR-1.5.12, which provides that the City, through its intergovernmental coordination policies, will support Miami -Dade County City ofMiami Page 140 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE This s, bmihal needs b be"hedWed bra "bgr healing in the implementation of individualprojects to achieve the regional objectiv Ina.ord— ffl,d—in. setfMh in the City& Mlami Cade.Th appllwdedecision-makingi,Wywill redewtheinbrmg at the P"b hearingtorend a share of transit ridership. The proposed standards, which were approved bi mmendadcn ,final decid,, which required a mixed -use development at the station site, will certainly ine PZ�09/19/222 206058 ridership. These standards will allow less development on this property when commercial properties and/or designated restricted commercial properties s irrou station site. For example, C-I properties allowed a density of ISO units to the acre. parameters cap density at 125 units to the acre. Height in the C-1 district is unlimited. The standards cap height at 200 feet or 19 stories, whichever is less. They also provide for a step-down so that when we build closer to 27th Terrace, the height there is limited to 75 feet. Open space in the C-1 district is ten percent. These standards require 15 percent of ground -level open space accessible to the general public. Under the C-I standards, the developer has the option of either developing the property with a single use or a mixture of uses. The standards will create a truly mixed -use development here because it requires -- it's mandatory that we do retail, residential, office, supermarket, and civic uses which, at a minimum, shall include a child daycare center. The standards require a minimum of 12 and a halfpercent of the proposed residential units to be workforce housing. To the best of my knowledge, at this time, the City does not have this requirement as part of their Code. Development under the C-I regulations do not incorporate urban design features. These standards require the incorporation of many urban design features; 19 to be exact. These include wider sidewalks, the lining ofparking structures with habitable and/or architectural features, public open spaces connected to the station and many others. What I'm trying to say to you, Commissioners, is that these standards provide greater controls so that, at the end of the day, you have a development which is lower in quantity but much higher in quality. Mention was made of the Santa Clara development. We -- the standards that you have before you today are much more stricter than the Santa Clara standards that were approved some time in the early 2000. For example, in the Santa Clara standards, density was not capped; 125 to the acre is here. Height was cap at 250; 200 here. There was no requirement for a truly mixed -use project in Santa Clara, and that's why you have mostly a residential project, and then finally, there were only eight broad design features, urban design guidelines in the Santa Clara project; we have 19 here. The surrounding development -- and Mr. Guillermo Olmedillo who is our expert -- will talk a little bit about the surrounding development. What I just want briefly to mention that the City approved a Major Use Special Permit just north of this site at 2701 Southwest 27th Court. It's also in the process ofpermitting an as -of -right development immediately west of our property. The proposed standards are both consistent with these developments. The City Commission recently approved a development at 3760 Bird Road, which is in close proximity to the Douglas Rapid Transit Station, which is more dense and intense than this proposed standards. Just to give you an example, the height on that building was 291 feet. I'll sum it up by saying that higher density and intensive development needs to occur at Metrorail sites, where the infrastructures are in place. These are the right standards for the right property, and Mr. Olmedillo is going to talk to you a little bit about some of the historical perspective and some compatibility issues, and then I would like to sum it up with a couple of little matters that I think are very important with regards to our lease and to some of the obligations that we have in our lease. Thank you. Guillermo Olmedillo: Good afternoon, Mr. Chairman, members of the Commission. Guillermo Olmedillo, 330 Greco Avenue, Suite 108, Coral Gables, Florida. We're here after a very long process, and people sometimes are not aware where these ideas begin. This transit station began when the people of Miami -Dade County voted for a bond issue to support rapid transit in Miami -Dade. It goes back that far because when you make that decision, you have a number of decisions along the way that you have to make after that. There was a recognition then, and there's a recognition now in all planning practice that the only way that you can handle traffic congestion is through mass transit, and particularly, through rapid transit. These are the only solutions. Now the complementary decisions that were made through public processes were, one, the location of the stations. Stations were located -- the location of the station was chosen after analysis of the corridors; where they had to be located, where were more efficient, whether there was sufficient amount of land, where the impact would be best handled. The County and City ofMiami Page 141 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rni. aobmidal needs m tx a�hed�"d mf a pabgn heahng the City went through a number ofpublic hearings to determine those para a�°'d— ffl, -line, eet todh in tha City v! Mieml Cede. The apple. A, decision -ma ,,g body will reNewtheinmrmativn at the,an� hearington:nd e process -- we talked about the SADD. The SADD -- many people remember, mmendAonvfafmaldecid,, City and the County and the other cities that were involved in the location of' PZ�09/19/22 206058 through the Station Area Design Development. One thing that I have to call to that throughout all those meetings with the community -- and there are people her recognize that attended those meetings going way back -- there was a determination t was going to be a higher intensity and a higher density of use around the station, and one thing that was made very clear is that the station property is different than the station area. The station property is one of the reasons why Miami -Dade County sat down with the cities and worked out a process and the retention of the zoning authority for the County because the County wanted to preserve the rights on the properties where the stations were to be located. One of the things that the County first looked at was the way to increase ridership. Unfortunately, the market was not right to create development at all the transit stations, the rapid transit stations. The market has taken time to mature. Remember, we started this in the mid-70s, early '70s. Now is when it's coming to fruition. Now is when you're seeing development on the stations, but that has been part of the process. In 1997 -- and I can attest to it because I negotiated that agreement from the County with the DCA (Department of Community Affairs) secretary, Jim Morley (phonetic). Jim Morley (phonetic) stated and sent a memo to Miami -Dade County and said, In no uncertain terms, you have to place population density and intensity of activities around your transit station. You will not expand the urban development boundary. " It was a very important determination made by DCA, and it was a mandatory comment made by DCA back in 1997. Now what you have done as a city to implement these conclusions is that when your staffprepare the comprehensive development master plan, or the MCNP (Miami Comprehensive Neighborhood Plan) for the City, you will see that in blue is the station property. Everything around the station property is restrictive commercial, which corresponds to a C-1 district. This is the station property in blue. Every single property that touches as a neighbor to that particular property is restrictive commercial, which, as I said, in zoning terms, corresponds to a C-1. When you want to review compatibility with the area, you have to base your compatibility analysis on what your Comprehensive Plan say, but in addition to that, what you have is that via 27, which is located right across -- almost across the street, is approved to 174 feet of height. Luxor Residence, which is down on 27th Avenue, 177. Vice Chairman Sanchez: How tall is that? One seventy-four is what, 13, 14 stories? Mr. Olmedillo: One seventy-seven can be about 14 stories; 207, Terrazas, which is right next to the west of the property -- as you can see, it's our neighbor -- that's 207. Vice Chairman Sanchez: That's -- Mr. Olmedillo: The proposed project has a height limitation of 200, or 19 stories, whichever is less, so -- Crook & Crook, as of right, can have up to 276. Grove Hill Tower, which is farther away, is 224, and Grovenor is 341. These are to the south of-- south and east of 27th Avenue, but if you look at the properties that are immediately around the subject property, the property owned by Miami -Dade County, the station property, you can read one, two -- excuse me, one, three, and five, and you can see that from the standpoint of compatibility, it is compatible. Commissioner Sarnoff: Is there -- I'm sorry. -- a building at Crook & Crook right now? Mr. Olmedillo: No. What we're suggesting -- Commissioner Sarnoff: You weren't suggesting to this Commission that there was a building on Crook & Crook? Mr. Olmedillo: No, no. What I stated is that -- City ofMiami Page 142 Printed on 611112007 City Commission Meeting Minutes Commissioner Sarnoff: You're stating what could be built there. Mr. Olmedillo: This is the potential -- Commissioner Sarnoff: There's no -- right. There's no application f om Crook & Mr. Olmedillo: Not that I know of. Commissioner Sarnoff: OK 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dm,. pabk healing In—nd, wM1h hmellnes set f,& in the City of Mlaml CWe. The appdwdle decision- naXing body will renew the information at the pabec hearing to rend,, e —mends ., or a final decid., PZ-20-6058 / \\ 09/19/22 /f Vice Chairman Sanchez: I think that the appropriate question is what are the applications now that have been filed for projects that surround this site? Just the ones that have -- Mr. Olmedillo: That have been approved. Vice Chairman Sanchez: -- are in the process of applying an application. Mr. Olmedillo: One and three, which are more -- Vice Chairman Sanchez: One and three -- Mr. Olmedillo: -- to the point -- Vice Chairman Sanchez: -- and that's a 14-story -- Mr. Olmedillo: -- it's one seventy -- Vice Chairman Sanchez: -- and then the other one's about what, 19 -- Mr. Olmedillo: Two hundred and -- Vice Chairman Sanchez: -- 20 stories? Mr. Olmedillo: -- seven feet. Two hundred and seven feet. Vice Chairman Sanchez: OK, but those are the only two? Mr. Olmedillo: Those are the ones that -- Vice Chairman Sanchez: All right. Mr. Olmedillo: -- are right next to it. This one is approved also, and these are approved, but I'm talking about the ones that are almost touching the project. Vice Chairman Sanchez: But I -- listen, I agree with the Commissioner. I -- for you to say Crook & Crook could have a building as high as 277 -- Mr. Olmedillo: And I mentioned from the beginning this is the potential that can be achieved on that site. Commissioner Sarnoff: Not after Miami 21, it won't be. Vice Chairman Sanchez: Yeah. All right. City ofMiami Page 143 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE mis s�bminal needs m s�hea�i�.e mf a p�buf: heahng Mr. Olmedillo: But in conclusion, what wanted to express to you is, one, t in ° ores"�w�bmelin.°d fMh in the City& mi— CWe. The appUw U, decision -making bony will reNewthe intonna .n at the pubec hearing to n:neer e consistent with the Comprehensive Plan for the City; are consistent with the nmenaaeon ofnnal eeidon Plan of the County; are consistent with the transit needs of this county, which PZ-20-6058 one of the Commissioners, Commissioner Regalado, mentioned that perhaps th 09/19/22 have given jurisdiction over zoning of the rapid transit area to the County, but in t the fact that transit is a -- an area -wide, is a region -wide issue, the same as water anc obviously, the County prevailed in those conversations, and that's why the City decided to relent the zoning powers to the County. It was a fundamental reason to do that. In conclusion, the zoning district that is being prepared to --for you as a parameter for design is consistent with the area; is compatible with the area; is consistent with the Comprehensive Plan of the City; is consistent with the Comprehensive Plan of the County, and I submit to you that these should be acceptable in order to provide the opportunity for a developer to design a building that comes back through the process, as Lourdes Slazyk explained to you, and Mr. Pastoriza has also explained to you. If you have any questions, obviously, I'm available. Mr. Pastoriza: I want to mention two things. One of the things that I want to mention is some of our obligations under our lease that are of particular importance to the welfare of the citizens of the -- of Miami and Dade County. Our lease has a provision in it that is called disadvantage business enterprise, and thatprovision in the lease has -- obligates us, as tenants, to provide to those that are eligible, and by eligible, I mean owners that own 51 percent of the firm and be members of one of the following groups: women, regardless of race; black Americans, which includes Haitian Americans; Hispanic Americans; Native Americans; Asian -Pacific Americans and Subcontinent Asian Americans, and then there is also a catchall that says that any other additional group whose members are designated as socially and economically disadvantaged by the Small Business Administration and that have a personal net worth not to exceed $750, 000, minus their principle residence and interest in the business. Now what are our obligations in our lease? Well, 25 percent of the total design and engineering has to go to one of those or a few of those categories. Twenty percent of the cost of construction has to go to either one or a multitude of the persons or the eligible candidates that I -- that are here on the Board, and not only that, but ten percent of our tenants, which may be residential tenants, may be commercial tenants, also must come in from that group. In addition, there is a County Code provision that says that whenever you have a business or a property that is 700 feet away from a rapid transit station site or one of the community urban centers, which this is one of them, that you're obligated to provide, based on an acreage, a hundred employees per acre, so we're obligated to have here in this project, when it's built, a minimum of -- or a little bit over 500 jobs. Now not only are we obligated to provide certain concessions or certain requirements to disadvantaged business enterprises, but we're also obligated in our lease to provide to the tune of 1.5 percent of the cumulative construction costs for acquisition of works of art in public places, so we're obligated in our project, at the end of the day, to have significant dollars invested and to be displayed in public places within our project. I would also like to bring to the Commission's attention a resolution that, atone point in time --and this resolution, I do not know whether it was rescinded afterwards or not, but as ofJuly 6, 2006, the Cocoanut Grove Village Council passed a resolution, which I will summarize -- and Commissioner Sarnoff, you are aware of this resolution because you were the chairperson of the Cocoanut Grove Village Council at that time, and you signed the resolution. Commissioner Sarnoff: Yes, sir, but I didn't have the right to vote at that time. Mr. Pastoriza: Well, I mean, I'm just saying specific facts here. I did not say whether you voted or not. Now the lastparagraph, after the "now therefore be it resolved by the Cocoanut Grove Village Council, " it says, "Number 3, to secure that any development of the 27th Avenue Metrorail project be confined to the previously negotiated and" -- I'm sorry. It's a little bit blurry -- `lease between Miami -Dade County and South Dixie/27Inc., and Coconut Grove Station Development, LTD, " which is us, "titled 'Coconut Grove Metrorail Lease,' adopted August 7, 2000, effective January 1, 2001. " I would respectfully submit to this Commission that City ofMiami Page 144 Printed on 611112007 City Commission Meeting Minutes the proposed standards that we -- that you have before you are the minimu allow us to build the project under this lease. Commissioner Sarnoff: Mr. Pastoriza, did you just bring that up with the i to this Commission that the Cocoanut Grove Village Council approved the are being suggested here today? Mr. Pastoriza: All I'm saying to you, Commissioners, is what I read -- Commissioner Sarnoff: I'm asking you that question. Mr. Pastoriza: --to you, and I -- Commissioner Sarnoff: No. I'm -- and I'm asking -- Mr. Pastoriza: -- did not go beyond that. Commissioner Sarnoff: Mr. -- 1�J L11Y'f]F� NOTICE rn1..0,nmal needs m Ihedeied mr a pbk haehng In accord,- tlmellne. setforth in the City of Mlaml Code.The appUi bl, decision -making body will reWewthe information at the pubec hearing t. render e reccmmendaticn or a final d-in., PZ-20-6058 / 09/19/22 /f Mr. Pastoriza: What I submitted to you, respectfully, was that the standards that you have before you, if you compare it to the lease -- and listen, the lease was available when this document was executed. Commissioner Sarnoff: Mr. Pastoriza, I could tell you that, at the time, it was believed that that was a 14, 10, and I -- Mr. Pastoriza: Well, I would -- Commissioner Sarnoff: -- and there are people here from the Village Council, so they don't need to take my word for it, but I hope you're not suggesting to this Commission that the Cocoanut Grove Village Council approved that based on what you're bringing here today -- Mr. Pastoriza: Well, what I'm -- Commissioner Sarnoff: -- and if you're suggesting -- Mr. Pastoriza: -- listen -- Commissioner Sarnoff: -- it's vague enough for you to make that argument, I'm suggesting to you you're wrong. Mr. Pastoriza: Well, this is what I have said, and I've been very clear in what I have said here. have just read from the resolution, OK, and there is a whereas clause in here that leads me to believe that, at that point in time, they were aware that this property had the 19, 19, and I because it said it's the Village Council's understanding is that the response to the original RFP included 66 residential units, which is correct. However, the number on design contract -- so somebody read it -- increased to 220 residential units, so I just leave it for whatever it is, OK? Now there is also, I would like to tell you, a lot of neighborhood support. There is -- there are some neighbors who want to speak. I will just like that all of those that are here in favor of this applications to please rise. We're not all going to speak. We're just going to have a selected number of them speak, and then also, I would like to put into the record a couple of letters from the Fraternal Order of Police, signed by Armando Aguilar, that -- and -- where the Fraternal Order of Police is supportive of a workforce housing program in the Coconut Grove Metrorail development, and that's one, and the other one is from Baptist Health South Florida that says basically -- that also supports the project, if itprovides workforce housing in an area close to or City ofMiami Page 145 Printed on 611112007 City Commission Meeting Minutes with access to very -- you know, to local sources of employment. Chairman Gonzalez: OK. Mr. Pastoriza, how -- Mr. Pastoriza: Having said that -- Chairman Gonzalez: -- much time --? 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Mr. Pastoriza: -- Mr. Chairman -- and I thank you very much forgiving me the opportunity and the lengthy opportunity to speak, but all -- Chairman Gonzalez: How many--? Mr. Pastoriza: --Id like to wrap it up by saying --my presentation by saying that you have positive recommendations from the RTDIC, your Planning and Zoning Department, and that the evidence that have been presented clearly shows that this project is consistent with the Comprehensive Plan and compatible with the area. Chairman Gonzalez: All right. Mr. Pastoriza: Thank you, sir. Chairman Gonzalez: How many persons do you have to speak? Remember that each speaker will have two minutes to put on the record whatever they want to put on the record. What I suggest is that the people that are going to speak in favor of the project line up on this side, and the people that are going to speak against the project line up on this side, and then we'll take one and one. Commissioner Sarnoff: Mr. Chairman, I'd like to make a motion just before because there's been some evidence submitted that I suggest that this Commission not accept. I'm going to move to reject any transcripts of the two proceedings that none of us are going to read. Vice Chairman Sanchez: All right. Second. How's that? Commissioner Sarnoff: There you go. Vice Chairman Sanchez: It's a transcript. All right. I'll second it. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. All right. Let's start to -- lining up. Yes. Felice Dubin: Felice Dubin, chair of the Cocoanut Grove Village Council, 27th Avenue Coconut Grove Metrorail Station Committee. Thank you, Commissioner Gonzalez seriously for that one hour that really, really helped us all. Before I even start, there were a couple of comments that I wanted to -- oh, first, I have to ask you for one more little favor. I'm a little nervous because I don't do this as a rule. I'm not an attorney, but I'm the chair of the committee that is representing the neighborhoods, and so I ask you -- Chairman Gonzalez: So you're going to be -- City ofMiami Page 146 Printed on 611112007 City Commission Meeting Minutes Ms. Dubin: -- even though I'm not going to do it -- but I'd ask you for Chairman Gonzalez: So what -- no. Equal time -- I cannot -- Ms. Dubin: Mr. Pastoriza spoke -- Chairman Gonzalez: -- give you equal time. Ms. Dubin: --between him and his expert, for an hour. I ask you -- Chairman Gonzalez: I cannot -- Ms. Dubin: --for 20 minutes -- Chairman Gonzalez: I -- Ms. Dubin: --for me. Chairman Gonzalez: -- cannotgive you equal time. Ms. Dubin: Twenty minutes. Chairman Gonzalez: No. Ms. Dubin: They spent an hour. Commissioner Sarnoff: Felice, can't you get this done in -- Ms. Dubin: I can -- Commissioner Sarnoff: -- about --? Ms. Dubin: -- try and do it as fast as possible. Chairman Gonzalez: Can you do this in five minutes? I mean, you know -- Ms. Dubin: No, no. Honestly -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: -- you're going to -- Ms. Dubin: I will go as fast as I can, I promise, but ifI was an attorney, which I'm not, you would give me that courtesy, and so, as chair -- Chairman Gonzalez: Because that's the way -- that's the rule that has been established in this City Commission for many, many years. Ms. Dubin: Well, can we pretend that I'm the attorney for the opposing -- Chairman Gonzalez: But -- and you know -- Ms. Dubin: --side? Chairman Gonzalez: -- we -- I cannot pretend because I could not pretend that I'm Jesus Christ. Ms. Dubin: OK, 20 minutes. City ofMiami Page 147 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: I'm not, you know. Ms. Dubin: Twenty minutes is all I ask. Chairman Gonzalez: I mean, I could pretend, but I'm not -- Commissioner Sarnoff: Why don't you start -- Chairman Gonzalez: --you know. Commissioner Sarnoff: --Felice, and I'm sure -- Ms. Dubin: OK Commissioner Sarnoff: -- we'll cut you off. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Ms. Dubin: Well, Lourdes had made a statement, and she said --and I wish that she could please read where in the standards it states that residential is required, so if she isn't here, maybe somebody else can answer that. Chairman Gonzalez: What was that again? Commissioner Sarnoff: Her question is, where in the standards, Ms. Slazyk, does it say that residential is required? Ms. Dubin: Could you read that? Ms. Slazyk: Yes. OK. It's on second page, `D, " development parameters; one says land use allocations. The following uses shall be included in the Coconut Grove Rapid Transit Zone station development, and "C, " under that section, says residential uses, a minimum of 12.5 percent of the proposed residential dwelling units of the property shall be set aside as workforce housing units and shall meet the criteria of workforce housing in Miami -Dade County, and then it goes on to describe what the percentage of the (UNINTELLIGIBLE). Ms. Dubin: Excuse me. Where does it say that residential is required? Ms. Slazyk: All of the uses under that section are required. Ms. Dubin: Under -- Ms. Slazyk: It says the following uses "shall " be included -- Ms. Dubin: OK Ms. Slazyk: -- in the Coconut Grove Rapid Transit, not "may. " Ms. Dubin: And what are they? Ms. Slazyk: It -- Ms. Dubin: What are they? Ms. Slazyk: OK. You want me to read all of them? City ofMiami Page 148 Printed on 611112007 City Commission Meeting Minutes Ms. Dubin: Please. Ms. Slazyk: OK. `A, " minimum of 25, 000 square feet of business uses allow BU-IA, and BU-2 zoning districts; drive -through services are permitted and sh appropriately buf ered f om the adjoining street network; hotel use may also be, outside food sales and services, including but not limited to outdoor dining, cart merchandise displays. "C"was the residential) just read. `D" -- Ms. Dubin: Excuse me. Could you read that again? Vice Chairman Sanchez: Come on. Ms. Dubin: Because it doesn't say. It says -- Chairman Gonzalez: That's what mean. Ms. Dubin: (UNINTELLIGIBLE). 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Ms. Slazyk: I read it. Residential -- OK. The following uses "shall" be included. Residential uses, a minimum of 12.5 percent of the proposed residential dwelling units of the property shall be set aside as workforce housing units and shall meet the criteria of workforce housing in Miami -Dade County. Workforce -- Ms. Dubin: That's a little confusing, however, because what -- it doesn't say there will be. It says if -- basically, it says a minimum of 12 and a halfpercent of the proposed residential dwelling units on the property -- Ms. Slazyk: Shall be workforce, but -- Ms. Dubin: -- shall be work -- Commissioner Sarnoff: What -- Lourdes, what -- Ms. Slazyk: -- the list -- Commissioner Sarnoff: -- percentage of the building will be residential? Ms. Slazyk: There is no percentage of the building that must be residential, but they must have residential. Ms. Dubin: But it's not in the standards. Ms. Slazyk: The lease is what designates how much. Ms. Dubin: Well, but the lease -- Ms. Slazyk: A zoning code doesn't normally tell you you have to have a certain amount of residential; that's what a lease is for. Ms. Dubin: But the standards tell you how much commercial, how much office is. Why wouldn't they tell you how much residential? I beg to differ with you. Either you don't do anything, or at least you include the residential. I'm sorry, with all due respect, Lourdes and everybody else. OK, and this is the reason that we're asking for denial, denial with recommendations. We would like you --and I think we've been give --you've been given some recommendations. You can take a minute to look at them. They're not very long, but residential is a very important part of mixed use and should be specified, and these standards are not specific enough. Commissioner City ofMiami Page 149 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE This eu bmitl'I needst beschetlWee br a" bec nearing Regalado, you're worried about 37th Avenue. Well, this is one of the reaso na�ordan�wffl,tlm�°^�'e'° hin the City of Miami Cvtle. The applica Ge tlsislvn-maXing bfatly will Mewthe inh3rmativn at the pu"c hearing t, rentler e these standards as specific as possible, so now I'm going to start with my sp fe mmenbativn vrahnal eecivert you to please vote the standards down with recommendations, as your Planni PZ-20-6058 did unanimously. As I was informed by the County Planning and Zoning Depa 09/19/22 Commission can only vote for, which you've heard, or against these standards, bu denial and recommendations, which is what we would like you to do. It is imperative actual standards be revised by the County. The currentproposed standards lack specificity. They are simply stated, just not clear enough. One of the changes that was unacceptable to the director of Planning and Zoning for Miami -Dade County was that the word "maximum" was removed from the standards, as requested by Lourdes Slazyk. For this and other reasons, she actually voted the standards down, so just to make it clear that the County director of Planning and Zoning voted these standards down. For example, there are no maximums for offices and commercial. Why? Because Ms. Slazyk requested that they be strucken [sic] from the standards. There are no residential requirements, giving the developer the option of not building residential, if he so chooses. Even if the lease says so, but leases were made to be amended. There needs to be a minimum and maximum residential. Affordable housing is not even addressed. I mean, really, it's unbelievable that the County committee would pass standards on public property and not require even one square foot of housing, let alone affordable or workforce housing. The purpose of developing the Metrorail station sites was to encourage ridership, and who better than those citizens that will benefit the most and use that public transportation. We were told by Mr. Pastoriza that the developer would not even consider building affordable housing at this site, and that was -- when -- the last Commission meeting, I waited with Jim McMasters [sic] and Janice Talbert [sic] and we asked him till -- we waited till 10:30, till he came out of this meeting, and he stated that. Commissioners, you're championing affordable housing. That -- this is your opportunity to seriously make a difference on a site that is so important to the City of Miami, and all these stations are. We're suggesting that the buildings be, at a minimum, LEED (Leadership in Energy and Environmental Design) certified, L-E-E-D certified; an issue that is so important to our environment and that our esteemed Mayor Manny Diaz is so passionately advocating. Those should be in the standards. It should be a standard to have green buildings. The Planning Advisory Board for the City of Miami, as I said, voted this down with recommendations. Please consider those recommendations, as well. I want to point out that this developer held -- has had -- held this lease already for seven years and has done absolutely nothing on the property. He, atone point, a year ago, actually wanted to get approval to building two 35-story buildings and one 25-story building, and 1.5 million square feet, which actually, the City supported -- the Planning Department and Zoning Department of the City supported -- amending a lease that called for 19, 19, and 1, and approximately 450, 000 square feet, and they want a million square feet right now, which is more than double what the signed lease is for. Commissioner Gonzalez has mentioned in other Commission meetings his disappointment and frustration at developers not building in a timely manner. We feel the same way. If this property would have been developed when it was intended to be developed, we wouldn't be standing here today. You have been handed the copy of the recommendations we proposed. These recommendations have been compiled after having spent endless hours studying what would be the best for the surrounding neighborhoods, for the City, and for Miami -Dade County. We accept that there will be a development at this site, and we encourage it. We're not asking you not to have anything built there, but we would like to see smart development. We believe, by the most part, the standards are well written, but should be fine-tuned, and that is what we are asking you to recommend. For instance, specify how many residential units are required, their square -- minimum and maximum, their square footage; how many of them will be affordable, and workforce housing. Ask for green buildings. Ask for specific allowable, buildable square footage on this site, and by the way, the two buildings that were mentioned aren't built, and who knows if they will get built because the market has turned; the two condos that Mr. -- I forgot his name. I'm sorry. Commissioner Sarnoff: Pastoriza. City ofMiami Page 150 Printed on 611112007 City Commission Meeting Minutes Ms. Dubin: The expert. Commissioner Sarnoff: Oh. 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dmn. pabk heeling In—nd, wM1h tlmellne. set f,& in the City of Mlaml CWe. The appdwde decision- naXing body will renew the information at the pabec hearing to rend,, e recommendation on a final d-id., PZ-20-6058 / \\ 09/19/22 /f Ms. Dubin: I also want to mention -- and these are only rumors going around -- t �— developer intends to sell his lease to a major developer, and there are even rumors on MW be hired to manage this project. Those are only rumors, but the fact is that I was approached already by a representative of a major developer who may be interested in buying the lease from this developer, and he wanted to know what the problems were and what the issues were. We need to make sure -- because we don't know which developer will end up buying this -- that whoever the developer is, the standards are so clear and specific that nobody can make a mistake. Finally -- and see, it didn't take that long -- on a very personal note -- and I do ask for Jim McMasters [sic] to be able to speak, as well, a few more minutes than the two because we're on the same committee. I have heard the fear and seen the tears of many of the residents that live in the surrounding areas of the Metrorail station. Their fear is that they will lose their homes and be displayed, some for the second time in their lives. Please don't allow this to happen. Thank you very much. Chairman Gonzalez: Thank you. All right. Let's start taking the speakers, two minutes each, OK? Come on. Ma'am. We need your name and address for the record. Linda Alger: My name is Linda Alger. I live at 2784 Southwest 29th Avenue, Miami, Florida 33133, 17 steps from this Metrorail station. I want to make that very clear. I don't live three blocks away. I don't live at 32nd Avenue. I live 17 steps, and when I'm angry, it's 16 steps, and when I started attending meetings about this Metrorail project, my daughter was six years old; she is 36. She might have been eight. I may have done a little bit of fuzzy math there, but I want you to be very clear about something. This isn't something that just came up. The City of Miami Commission, years ago, appointed Jack Luft and Joyce Myers to represent the neighbors in the neighborhood at all the public participation meetings. Why? Because offederal dollars. It required them, when Kaiser Transit was having their meetings, to allow us to be present and to speak. One of the things that came out of that, during the Station Area Design and Development, your SADD, was the barrier at 29th Avenue and 27th Terrace, which was then built. It was built for a very specific purpose; out of fear that traffic would erode the quality of life of the neighbors that live further away from this station. I would say that by limiting the ingress and the egress to 27th Terrace and 27th Avenue and 32nd Avenue and 27th Lane, in that little turnoff behind the Boy's Club at 31 st Avenue, they've been pretty successful at keeping the traffic at the station of my little neighborhood. Now what do we have? We have a major transportation station. It's not a park. It is a -- Chairman Gonzalez: OK, ma'am. Ms. Alger: -- major transportation station, and the future of Dade County probably relies on what is done at these major transportation stations, and for the people that want to tell you that it's a park -- Chairman Gonzalez: Ma'am, let me interrupt you for a minute. You have exceeded your time. We need to know if you're in favor or against this project. Denise Rojas: (INAUDIBLE). Chairman Gonzalez: You'll give her your time? Ms. Rojas: Yes. Chairman Gonzalez: OK. City ofMiami Page 151 Printed on 611112007 City Commission Meeting Minutes Pamela E. Burns (Assistant City Clerk): Your name? Ms. Rojas: My name is Denise Rojas. Chairman Gonzalez: All right. You have an additional two minutes then. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Ms. Alger: Thank you. I picked up recently the bus schedules of where you can go from this station. I'm going to give you a couple of samples of where you can go from this station because, after all, it is a Metrorail station, so besides connecting with all the other Metrorail stations in Dade County and all the buses that connect with all the other Metrorail stations and the busway, you can take the little 249 that circulates right here into Coconut Grove and brings you to the shops, the restaurants, the post office, and the City Hall. You can take the 6, which takes you to downtown Miami, the downtown campus ofMiami-Dade Community [sic] College, and other points like 8 Street. You can take the 22, which takes you to 163rd Street Mall, the Golden Glades Park & Ride, or you can take the 42 to the airport, the Amtrak station, the Tri-rail station, the Opa Locka area, again, the Golden Glades Park & Ride, or you can take the 27, which goes straight up 27th Avenue to the Brownsville Metrorail station, to the north campus of Miami -Dade Community [sic] College, to the Dolphin Stadium, and to the Calder Racetrack. The point I'm trying to make is this is a Metrorail station. Metrorail allows people who choose -- and not everybody chooses to ride a bus or get on a train, but for those who choose to do so, it makes it possible, and that takes us to transit -oriented development, and I got to tell you, when I started going to hearings and meetings concerning this, that word didn't even exist. We were just told when they took the front of our properties, and when all of my neighbors lost their properties for eminent domain purposes to build the project -- Chairman Gonzalez: All right. Ms. Alger: -- at this station to support the ridership, to take cars off the road, to stop having to extend the urban development boundary, we were told, more than 20 years ago, that there would be a project built there. We've had a longtime to get used to the thought -- Chairman Gonzalez: Ma'am -- Ms. Alger: --and the only thought that we have that scares us --and I also represent the neighbors that own properties adjacent to the station -- the Grove Station Homeowners Association. I am the president of that. We all support this project. Our only fear is that somebody would do something after so many years to stall or slow down this process that we have waited for so long because while everybody else -- Chairman Gonzalez: You exceeded your time again. Unidentified Speaker: (INAUDIBLE) my time. Ms. Alger: Thank you. Chairman Gonzalez: OK. Ms. Alger: -- that lives further away -- Chairman Gonzalez: Let me tell you -- let me help you a little bit, OK? You're talking history; you're talking about prior Commission 30 years ago, 20 years ago; what happened 15 years ago. That is irrelevant. Ms. Alger: OK. City ofMiami Page 152 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE rnis sebminal needs m s�heaeiee mf a pedd� heeling in pond—wim ume1—set fMh in the City m MlamiCWe. Theappliesd decision-naXing bony will New the information at the pebk hearing t, rend,, e Chairman Gonzalez: OK. As far as we're concerned, that's irrelevant. I m e mmende., ofa fnM decidcn to -- voting here with what other Commissioners did here 25 years ago or 30 PZ-20-6058 not going to vote based on history and --we're going to vote based on fact. Th 09/19/22 a while ago, she spoke based on fact, and you need to speak based on fact, and yo establish a position because you're going on circles talking about history, and so far, 1 know how you feel about it, and your neighbors and the organization that you represent, so that basically, you know --and this is to everyone. We need to hear your position and what facts support your position. That's how we're going to base our decision here this afternoon, not on history, not on what other people did, and where other people came from, and where they're living today. That is irrelevant. All of that is irrelevant; you know, the way that buses go, and if they go to the airport, or they go to Mercy Hospital, or they go to Jackson Memorial; that is irrelevant. I mean, all of that is irrelevant as far as the record that is being built here today in case this ever has to go to court. You know, we need to have substantial competent evidence on what to base our vote, and that's why I'm trying to help you -- Ms. Alger: Thank you. Chairman Gonzalez: -- OK, on how to guide you. Ms. Alger: Thank you. Myself and my neighbors that all live adjacent to this station, directly across the street, directly adjacent, support this project unequivocally. We are not afraid of height; we're not afraid of density. We've always known that we would have height and density across the street from our houses. We've always known that our houses are on the Future Land Use Map for rezoning, and of course, we know we have 237 bus trips that go by our house, which is what supports the ridership at the Metrorail, so I want to be very clear. The neighbors that live adjacent to the Metrorail project support the standards, support the project. Chairman Gonzalez: Thank you, ma'am. Thank you very much. Yes, ma'am. Charlotte Simka: My name is Charlotte Simka. I've lived in this neighborhood for 53 years in the same house, and I have no intention of selling it. I'm sorry that we weren't inform -- that's -- I'm going to be brief. I'm very sorry that we didn't have a chance to re -inform our constituents. There were 200 flyers that went out, and we just found out, at 10 o'clock this morning, that you were going to be having it earlier, and unfortunately, we are in a -- we're an abutting neighborhood, and we're made up of workforce people, and so, consequently, we could not reach our people and tell them to come out. They were all set to come en masse at 5 o'clock. Now we don't know if some of them are standing outside or not now. We're not sure, but the thing that I want to bring forward is I would like to know just how many people in these -- in this -- right now in this place live within 500 feet of the -- their addresses, or 500 feet of this area where we are. I live at 2730 Southwest 31 st Place, right below 32nd Avenue, and as much as the former speaker spoke saying that she was very happy about everything, I'm very unhappy about it, and not for any other reason that I don't mind a four -and -a -half -block walk to the Metrorail, and I have other situations behind me, which I won't complain about now, but that's beside the point. She's not alone, and no one is in this city, so I just want to say, "Thank you, guys, "for being here for us because you've -- doing a great job, and we really appreciate it. I'd -- Chairman Gonzalez: Thank you, ma'am. Ms. Simka: -- love for those people that don't live in this -- within this 500 feet, though, to stand up like I'm standing up, and I'd like to know those are the ones that -- because the ones that live far away don't always have the right to get up and talk for everybody else. Chairman Gonzalez: Thank you very much. City ofMiami Page 153 Printed on 611112007 City Commission Meeting Minutes Ms. Simka: Right. Chairman Gonzalez: Next speaker. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Juan Dallarizza: My name is Juan Dallarizza. I own a business at 3011 Southwe '`-- where I've had my office for the last -- since 1988. When I came into that area, that ar complete zoo. It had burning cars. It had races every night; drug addicts coming around, and successfully, we have cleaned up the area where it has become a reasonable area to work in. I also own property along 29th Avenue and along 27th Terrace. I come to you because you wanted facts. I think that the City Commission, in your tenure, has approved for the terrace -- the Terrazas project that's adjacent to this project. It was also approved for the Latin American project, which is adjacent to this property. The City Commission has also approved for the tear -down of the bank -- the Sun Bank at the corner of 27th and -- over there, and we support this development because it would help this area clean up some more. We feel that this has been in the books for 20 years. I think it's about time that we let the developer do what they have managed to arrange with the County in the -- and the design standards, guidelines that they have obtained with the County. Thank you very much. Chairman Gonzalez: Thank you, sir. Let me make an announcement. Right after we finish this public hearing and we vote on this item, Commissioner Spence -Jones has an item that she's going to be addressing, and it will take -- as long as we're able to finish this public hearing and vote on this item, so please be patient. We'll be taking up the item that Commissioner Spence -Jones is waiting to bring forward. Yes, sir. Good afternoon. Dan Delgado: Good afternoon. My name is Dan Delgado. I live in the neighborhood. Thank you, Mr. Chairman, for allowing us to speak. Chairman Gonzalez: Yes, sir. Mr. Delgado: First of all, I'd like to address the gentleman. I don't live in a zoo. I live in a neighborhood, and I live right there. Second of all, I'd like to say I want to deny with recommendations, and I would point to you -- I know Mr. Pastoriza pointed out all the reasons why you should do this and you should do that. I think something circumvents Mr. Pastoriza, and that's statute -- Florida Statute 163, which is aboutprotecting the neighborhoods. The reason I'm here today is I'm hereto ask you to protect our neighborhoods. I'm here to say -- you know, as you can see, the developer and the City has mustered enormous resources. My resources, you just saw one. You just saw one stand up here and talk to you, and what I'm saying to you, who represents us? You know who represents us? I only have one person -- or a group ofpeople that I know represents us against all this, and that's you folks. OK. Chairman Gonzalez: What is your address? Mr. Delgado: My address is 2731 Southwest 30th Avenue, and what I'm trying to say to you guys today, and I'm going to -- you know, I know you have a very heavy decision, but at the end of the day, we send a message. This is Miami; this is not Dade County. We build in Miami what we feel is right for our neighborhoods, and the only people that could make that statement, the only people that could set that precedent and speak for us, for the ones that are old, for the ones that can't speak for themselves, and for those that are basically working as we speak right now, are you folks. We're looking to you because we will remember this day, and we will remember this day, and we will be there, and our families will be therefor you with our votes, and that's why we're here, to show you that in that red spot that the expert was called showed, that red spot is very important to us because that red spot is -- has people, has families, and is a real impact to that community, so I beg you to use your authority and send a message to the County that we will not do things as they are. As you said, Mr. Chairman, what happened 20 years ago happened 20 years ago. We have to look at things on the ground today - City ofMiami Page 154 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: Thank you. Mr. Delgado: Thank you. Chairman Gonzalez: Yes, ma'am. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Bonna Cooper Parlins: Yes. Good afternoon. My name is Bonna Cooper Parlins. I'm the president of the Coconut Grove Village West Island District, 3386 South Douglas Road. I support and we support the Grove Rapid Transit Zone development. At this time, this mixed -use facility will generate a flow of daily 9 to 5 commuters and tourists, not to mention community have -- will have a place with jobs. Our businesses reside in an urban revitalization community, and frankly, we need more foot traffic to stay in business. Yes, we're in favor of this project, and please move forward, and lastly, I'd like to publicly thank Mr. Carlos Rua and his team for graciously meeting with our merchants to listen to our concerns, and to the City ofMiami Commissioners, I say to you that the historical Village West Island District, we do exist, and we have a say. I thank you. Chairman Gonzalez: Thank you, ma'am. Yes, sir. Good afternoon. Nathan Kurland: Good afternoon. My name is Nathan Kurland, 3132 Day Avenue, Coconut Grove. This afternoon presents a challenge tome personally because of the disingenuousness with which our --the head of our Zoning Department came before you and said that this project started out as 35-30-20 and morphed down into the developer-friendly/neighborhood-friendly 19-19-1. Nothing could be further from the truth. In 1999, as was pointed out by Commissioner Sarnoff, this was 14, 10, and 1, and at the RTDIC meeting, the 14, 10, and I had become 19-19-1, and when questioned about this, we were told that an RFP is nothing more than a guideline, and that RFPs can be suddenly morphed into 19-19-I from 14, 10, and I with no public hearing whatsoever. Commissioner Gonzalez, you are on record assaying a developer should act within reasonable confines of a speedy development. This, under no circumstances, meets those guidelines, and I fully expect that you will deny this application. Commissioner Spence -Jones, as pointed out by Commissioner Sarnoff, this developer has had seven to eight years to give us nothing more than, perhaps, a general rendering of what this project is supposed to be. Following the first meeting -- or the first reading of the Vizcaya project, you were -- or you are on record as saying, "Where is the Lego lady to give us a concept of what that building look like in comparison to Vizcaya?" Commissioner Sanchez, Commissioner Sarnoff also pointed out that to allow the RTDIC minutes into the record, he would absolutely have to not vote this evening in order to get a chance to read. These are pretty much the exact same words that you uttered when all of the information was given in during the first meeting of the Vizcaya project as well, so under no circumstances, based on the record of you, Commissioner Spence -Jones, you, Commissioner Sanchez, and you, Commissioner Gonzalez, at the very least, this should not be voted on, and at the very most, as we all understand based on the testimony of the City Attorney, this is nothing more than a dress rehearsal. Nothing you're going to do tonight, whether you approve or disapprove, really means a whole heck of a lot. What I would like to do, as a resident and advocate for the people of my neighborhood, as vice chairman of the Village of Center Grove, I request that you please deny this application. Chairman Gonzalez: Thank you very much. Mr. Kurland: Thank you. Chairman Gonzalez: Good afternoon. Yes, sir. Bruce Libhaber: Good afternoon. My name is Bruce Libhaber, assistant county attorney, Miami -Dade County. I'm speaking only to the extent that there are corrections or questions that City ofMiami Page 155 Printed on 611112007 City Commission Meeting Minutes arose as to the underlying lease. A issue has arisen on more than one Chairman Gonzalez: Why don't you -- well, let me ask you a favor. Mr. Libhaber: Sure. 1�J L11Y'f]F� NOTICE mie needs m to Ih.&dmna pbk heeling in rcond—wM1h'mellnee set iodh in the City of Miami CWe. Theappliesdl decision -making body will rewewthe information at the pubec hearing to render e reccmmendaticn nn a final decison. PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: -- hold your corrections until the end of the public hearing -- Mr. Libhaber: That's -- Chairman Gonzalez: -- and then I'm going to -- Mr. Libhaber: -- more than OK. Chairman Gonzalez: -- give them time to rebuttal -- Vice Chairman Sanchez: Yeah. Chairman Gonzalez: -- and then you can make your corrections -- Mr. Libhaber: OK, and -- Chairman Gonzalez: -- on the record. Mr. Libhaber: -- if you have any questions, that's fine. Chairman Gonzalez: Yes, sir. I really appreciate that because the problem is that you start putting corrections on the record, then they're going to jump and we're going to start another argument, so it's better that we do it that way. Yes, sir. Good afternoon. We need your -- Rafael Fabian: Good after -- Chairman Gonzalez: -- name and address for the record. Mr. Fabian: -- noon. Thank you, Chairman. Rafael Fabian, 2630 Southwest 28 Street. This is my father. He doesn't speak English. He has the property on 2841 Southwest 24th Terrace. I'm in favor of this project. I'm in favor of the standards. It's the right property -- it's the right project for the right location. We need -- right there on the transit and the Metro -Dade [sic] station. We need to promote foot traffic. We need to promote foot traffic and demote auto traffic, and that's what that's going to do. Higher density in that area is going to do exactly that. It makes all the sense in the world, and I was a little concerned with Ms. Dubin's comments as she was closing and saying that she wants to make the standards so specific to -- that there'll be no errors, and I think what she wanted to say was she wanted to make it so specific that no developer is going to be able to develop, and I know -- and I'm totally against overregulating, especially in this project, which needs our support and all the resources that we have in order to help out the transit system. Thank you. Chairman Gonzalez: Thank you very much. Yes, sir. Ms. Dubin: Can I just --? Chairman Gonzalez: No. Yes, sir. George Lopez: Good evening. George Lopez, 3105 Southwest 27 Terrace. Do we really know if we have controlled growth with sufficient infrastructure on this site? Do we really know about City ofMiami Page 156 Printed on 611112007 City Commission Meeting Minutes it? Chairman Gonzalez: Excuse me. Did you put your name and address on the Mr. Lopez: George Lopez, 3105 Southwest 27th Terrace. Chairman Gonzalez: Thank you, sir. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / 09/19/22 /f Mr. Lopez: Thank you, sir. Do we really have a controlled growth with sufficient infrastructure on this site? Does anyone here know about it? Chairman Gonzalez: I don't understand what your question is. Vice Chairman Sanchez: I think he said something -- do -- is the infrastructure there? Mr. Lopez: Yeah. Do we have infrastructure --? Chairman Gonzalez: Anyone from -- Mr. Lopez: Does -- let me tell you -- Chairman Gonzalez: -- staff-- is there enough -- Mr. Lopez: -- this building -- Chairman Gonzalez: -- infrastructure to support --? Mr. Lopez: -- is going to be -- Chairman Gonzalez: Pardon me? Mr. Lopez: -- next to a state highway, and it's a very, very congested area, adding and adding and adding more stories or buildings, or whatever happen. It's going to put the area in a very hazardous situation for drivers and pedestrians. That is all I have to say. Thank you. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Thank you, sir. Mr. Lopez: Thank you. Chairman Gonzalez: Yes, sir. Michael Mejido: Hello. My name is Michael Mejido. I live at 1200 Brickell Bay Drive, 1718. I keep hearing speedy development. I keep hearing renderings. I keep hearing all these things that the citizens want, this Commission wants, but I'm seeing that there's no development; that there's no cooperation; that nobody wants to see a rendering, and the only way that's going to happen is that if this Board approves this ordinance, then the developer could then go ahead, do what he needs to do, develop the site, do the renderings, do whatever needs to be done, and then we'll finally see something because if we don't approve anything, nothing's ever going to be built there. I think this is a phenomenal idea. Transit in Miami -Dade County has failed, failed, failed. It's always failed from a day of conception. Let's do something right this time. I think this transit station is the greatest idea I ever heard. This is going to reduce traffic. There's going to be people living right therein the station. Have you ever driven down US I at 5 o'clock? I have. It's horrible. I don't go down US]. This is the best idea. This Board needs to do the right thing. City ofMiami Page 157 Printed on 611112007 City Commission Meeting Minutes Let this developer finish his project. Let's see something. I want to go to th meeting. I want to see the building. I want to see what he's going to develot an argument, if somebody doesn't like it, then that's the time to oppose it. Wh here? This poor man needs to develop his site. What the hell? I don't unders Unident f ed Speaker: He's had seven years to (INAUDIBLE). 1�J L11Y'f]F� NOTICE Thls submittal needs to be acheaolee for a pubk nearing In accortlanse wM1h timelines set forth in the City & Miami Cnde. The appi,.U, decision -making body will rewe ,inbrm ,at the pabc hearing to rend,,e mendation or a final eecmnn. PZ-20-6058 / 09/19/22 /f Mr. Mejido: Well, then let's give him the opportunity now. What are you denying this now for? I don't understand. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Let's keep the order here. Mr. Mejido: Let's move forward. Let's not move backwards, for God's sake. Chairman Gonzalez: Thank you very much. Applause. Vice Chairman Sanchez: No, no, no, no. Chairman Gonzalez: No clapping. That is not allowed in chambers. Vice Chairman Sanchez: Didn't work for the Heat. Gilda Rodriguez: Good afternoon. My name is Gilda Rodriguez, 2930 Southwest 25 Terrace. Chairman Gonzalez: 55 Terrace -- 25? Ms. Rodriguez: 25 -- Vice Chairman Sanchez: 25. Ms. Rodriguez: -- Terrace. I just want to say that maybe 15, 20, 10 years ago, we needed in the neighborhood a lot of improvement in the residences. Right now we have it around the station, no necessary Dade County want it on the station. They just say in the surrounding area, so we have thousands of new units over there. In addition to that, I would suggest to please deny the standards with recommendations, and also, another suggestion I want to do is that we need an overpass in 27th Avenue and US I with or without a building. That corner is very dangerous. We have a lot ofproblems with pedestrians and traffics over there. Thank you very much. Chairman Gonzalez: Thank you. Yes, sir. Good afternoon. Luis Casamayor: Hi. Luis Casamayor, 2801 Southwest 31stAvenue. I'm for the project. I was here present when Las Terrazas project was approved, and it only makes sense to have a project in similar scale and size approved instead of something so much smaller, especially for such an important site, considering what the uses would be for that site, so I'm for the project. Chairman Gonzalez: Thank you very much. You see, that's perfect. I mean, I'm --reason I'm for the project. I'm against the project because of this, that, and the other, and you know -- Vice Chairman Sanchez: up, down. Chairman Gonzalez: -- up, down. Nina. City ofMiami Page 158 Printed on 611112007 City Commission Meeting Minutes Commissioner Sarnoff: He could have made a great emperor. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 Nina West: Thankyou, Mr. Gonzalez. Thankyou, Commissioner. Nina West, 09/19/22 Avenue, Coconut Grove. We were asked to look at this project at the Planning Bo speaking just for myself. We made -- we are not against the development. You have ai opportunity to vote up or down and send recommendations. We'd like you to look at these recommendations, but I have one more to make right now. Chairman Gonzalez: But the Planning Advisory Board voted against it, right? Vice Chairman Sanchez: Yeah. Ms. West: The board voted against it -- Chairman Gonzalez: Voted against it. Ms. West: -- with recommendations; not no project. We asked for a project with recommendations. Chairman Gonzalez: Right. Ms. West: OK. The recommendations are not very strict, if you have read them. I think they're in front of you, and there's one more recommendation that I would like to make right now. The developer is asking fora million square feet. That's a lot of feet. A young boy tried to cross 27th Avenue, a pedestrian. You know what we want? Pedestrians who get on trains. This young boy is a pedestrian who got on a train. He was killed by a car. There is no requirement in this plan for safe pedestrian crossing of that street. There is nothing required of the developer to put a bridge or some way for this enormous amount ofpeople to get from one side of US I to the other safely. The light changes quickly, especially at 6 o'clock at night. You've got just a couple of minutes to make that across the street, and one of the things that I am asking is that you vote the current recommendations down with the recommendations and add to it that there be some kind of safe pedestrian way across that street. Thankyou. Chairman Gonzalez: Thank you. Yes, sir. Name and address. Jose Acuna: Jose Acuna, and family resides at 2759 Southwest 24th Street, which is three blocks from the site. OK, I am wholeheartedly for the project for three reasons. First, the building itself. The building is -- complies with a green requirements from the County, requires [sic] with the statute from the County, and it is good. It is a good thing for the City. High -density promotes security within it. The second -- my second item is Tin for it for the opportunity; opportunity for small businesses; the opportunity for people to develop it, and opportunity for the police officers and people within the City to be able to move in, move back into our houses that we cannot afford right now, and thirdly, it affords us the possibility -- the way that Mr. Rua explained that a project is going to go affords us the opportunity as an off -site for the Police Department, for the Fire, or for whoever needs it in case of a major catastrophe. I -- once again, Tin from the project wholeheartedly, as it stands. Thankyou very much. Chairman Gonzalez: Thankyou. Good afternoon, sir. Clarke Hamlet: Good afternoon. My name is Clarke Hamlet. I live at 2920 Southwest 25th Terrace. I guess the first thing I would like to say to you guys, I want the next meeting to be held about 2 o'clock in the morning, when I'm pacing the floor and yelling and letting everybody have it left and right how bad this project is. I cannot think --and I defy anyone herein this room, anyone, to tell me of a worst place to put this much more congestion then on Route I and 27th City ofMiami Page 159 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE This su bmid'I needs b be acE"'d bra "ble hearing Ave. (avenue), going into the Grove with this plan for expansion, with this ina da ffl, timelines setfMh in the City& Mlaml Cabe. The appli,Ge deis n-mahing bsdy will 7 reaewu,e mb'mas eauorho n�al ee�mo„�render and then throw in there -- let's throw in a hotel. A hotel. Are you out of yo �gmmeg you'd put a hotel at that point. Who is going to come inhere and stay at a ho PZ�09/19/222 206058 Metrorail station? I don't think so. Rich people? I don't think so. Poor peopl so. I don't think anyone would come in here and stay above a Metrorail station fo beautifying Miami or whatever it's supposed to do, and by the way, let's throw in a gro there. Let's stop somebody on the way home coming south so the wife can say, hey, get me a loaf of bread. OK I'll pull off of Route 1. Get onto 27th Ave.; block up -- cut across, try to get in there to a grocery store; find a parking spot; fight off the trucks that are in there and out -- in and out all day long at a grocery store. How many trucks are going to be in there? This thing is just going to be there by itself and no trucks, no traffic? We're going to have taxi cabs coming in at a hotel. You can't handle the buses that are in there now. Now we want to add more buses, more congestion? I mean, it just doesn't make sense, and then -- oh, then the final thing that you heard -- this is the first I've heard of this one --put a daycare center in there with those trucks and traffic and congestion and all this going on? I don't think so. It doesn't make any sense. It's just a developer who's got apiece of land and he can grab some money, and I'll guarantee he doesn't live right there, and I bet a lot of these people who are saying, oh, they want -- Chairman Gonzalez: Sir. Mr. Hamlet: --this place in, they're -- Chairman Gonzalez: Your -- Mr. Hamlet: -- getting out of here. They're going to get their money; they get out of there, and the rest of us can suffer. I don't think so. Chairman Gonzalez: -- time -- Mr. Hamlet: Be a long time before this project goes through. Thank you. Chairman Gonzalez: -- has expired. Thank you very much. Yes, sir. Good afternoon. Applause. Fausto Callava: I guess it's -- Chairman Gonzalez: No clapping. Mr. Callava: -- no longer "good afternoon, " but good evening. My name is Fausto Callava. I'm at 1581 Brickell Avenue, Miami, Florida 33129. I live in the area, and I'm a Metro -Dade [sic] Transit user. I use the Metrorail all the time, and I'm a hundred percent in favor of this project. Thank you. Chairman Gonzalez: Thank you. That's short and sweet. Yes, ma'am. Doris Scheer: Hi. My name is Doris Scheer. I live at 1840 Coral Gate Drive, and I am here as a former member of the Planning Advisory Board, not representing them, except myself. We received a lot of this type of scheduled, nonscheduled, and so forth meetings. What bothers me about this -- and I've been off of the board for two years, which means my blood pressure has gone down 20 points, but what really bothers me is this whole issue with staff. When I was on the board, my first experience was an item that came up in front of our board and none of us knew what it was about, and we were not explained properly, and we were told by a staff member at the time, Lourdes, that it didn't matter how we voted because the County was going to do what they wanted to do anyway. It bothered me at the time because it was for a station in City ofMiami Page 160 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE Commissioner Spence -Jones area, and I said, why should I vote for somethiao,tlan�w bminal news m e�hea�Iee m� a pabe� healing a —in. eetfMh in the City ve We. The tlsisivn-maXing bony over; what is going on there; will it benefit the City; will it benefit thmmenaa5 appliesbe will asvnatthepuhearing to n:neercontrol ehvra hna l eeciWensoforth, but we all went on the advice ofstaff, and it was voted down -- I mPZ-20-6058 kt approval. I voted it down. I was around when the water department wentf09/19/22put two conditions, the PAB; that we get sufficient landscapingfor the build disabled were to be allowed to park in the garage. Neither one was honored. It's very disappointing. I would like to see a workshop on the SADD. I'm told that every one is different according to areas. Now we know that Metrorail is being extended to Commissioner Gonzalez area, Commissioner Spence -Jones area. Do they realize what they're in for unless we predetermine the parameters Of_ Chairman Gonzalez: Thank you very -- Ms. Scheer: -- these SADDs? Chairman Gonzalez: -- much. Your time is up. Thank you. Yes, sir. Ms. Scheer: As Felicia [sic] said, we should deny this with recommendations -- Chairman Gonzalez: OK. Ms. Scheer: -- or start having our own workshops. Chairman Gonzalez: Thank you. Ms. Scheer: Thank you. Chairman Gonzalez: Yes, ma'am. Good afternoon. George Plasencia: Good afternoon, Commissioners. My name is George Plasencia. I have my office down the street at 2801 Southwest 31 st Avenue. I am for this project because I --as I've been in this area and I've seen the area changeover the past months and years, I believe that a project like this would be very good not only for that area, but for all of the City ofMiami. As somebody that grew up in the City ofMiami, I think that we all have to use our public transportation more. We have to work and live closer to public transportation, and I think this would be a great project for the City ofMiami, so with that, I am for it. Thank you. Chairman Gonzalez: Thank you. Good afternoon. Norma Post: Good afternoon, good evening, or whatever. Chairman Gonzalez: We need your name -- Ms. Post: I wish you well -- Chairman Gonzalez: --and address. Vice Chairman Sanchez: Name and address. Ms. Post: -- and my name is Norma Post. I live at 2061 Tigertail Avenue. We have a problem. It's a problem that's been inherited from your predecessors, and that is a huge traffic problem, which we have been looking at, and the City has not addressed, and that's where I think we have to give the first consideration to; that and the water problem. We have too many people here now, too much construction, and we -- this construction -- I think we have a lot of this zoning that was done years ago by people who didn't have any foresight, and I think that every City ofMiami Page 161 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE kWe' bmitlal neaes m �"heeai'.e mf a pabl, healing developer, of course, has a right to use his land according to the zoning. A—da""w"""m 1,,d..dfMh i"tha City& Cmbe. The appliwh , decision -making beay will inbrm ,at the pabc hearing to rend,,existing zoning, without any changes or any extension or carte blanche, anmme"batieno,,fmzleecid,, unfortunately, is what -- that much we have to allow, and so I don't see whyPZ-20-6058 these developers to come in and demand this and that and the other thing. 09/19/22problem on US I right now. Between 5 and 6, it is a parking lot. I live on Tigertail is a parking lot at that time. I cannot exit my property, and the same in the in The Metrorail is not the solution because it doesn't really go anywhere. It should go all the way down to Homestead and beyond. It should -- if it's going to serve the people of this County, but do not cater to these developers. Just do what's within the law, and then your -- as I understand it, you're to recommend this because this property is not going to be used for a low-income housing, which we need, but it's -- so -- and as I said at the Dade County, if you think that all these people, because they live by Metrorail, are going to use Metrorail, the only time they'll use it is if you take the bridges out across the Miami River -- Chairman Gonzalez: Thank you very much, ma'am. Your time has -- Ms. Post: --so please. Chairman Gonzalez: -- expired. Good afternoon. Omar Ortega: Good afternoon. Omar Ortega, 800 South Douglas Road, on behalf of myself and my sister, Marlene Ortega, at 2474 Southwest 27th Terrace. We are in favor of the project. We've heard a number of sides. Essentially, the sides that we've heard are we don't want it because it's too much congestion. That's not an option. Essentially, the project -- a project has to go there; that's required. The other thing we've heard by Ms. Dubin, in closing her arguments, was it is a smart devel -- Chairman Gonzalez: Don't make reference to any -- Mr. Ortega: I will be happy to -- Chairman Gonzalez: -- speaker because then they will be entitled to answer. Mr. Ortega: I apologize. I withdraw that. The issue is it is a smart development. It is well written. They agree with development. That's what has to happen, and delaying it simply to put it off without any recommendation, without anything, does nothing but require us to be back here again and wasting more time. Chairman Gonzalez: Thank you. Yes, sir. Miguel Sanchez: Good afternoon, good evening. My name is Miguel Sanchez. I live at 2731 Southwest 30th Avenue. I live about a block and a half away from the Metrorail, and I barely ever use it, to be honest with you. The most I ever use it is maybe to go to a Heat game, maybe here and there to go to maybe Biscayne or any of that, but my mother has worked over 25 years and raised me and my brother in my home as a single mother, and I refuse to lose my home because of expansion due to this property and due to this project, and I am a young citizen. I am 20 years old. Chairman Gonzalez: And let me ask you. Vice Chairman Sanchez: How could you lose your home? Chairman Gonzalez: What make you believe -- Vice Chairman Sanchez: That you're going to lose your home. City ofMiami Page 162 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: -- that because this --? 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dm,. pbk heahng In—d, wM1h hmellnes set f,& in the City of Mlami C We. The aped. A, decision -making body will n: -e 'intormadon at the pa bec hearing to n:ndere nxommenda ., nr a final decison. PZ-20-6058 Mr. Sanchez: Because whenever there's building, there's always going to be ex l ' \ 09/Mo 19/22 constantly expansion in our society. Chairman Gonzalez: But -- no, no, no, but wait a minute. You -- I'm asking you for a reason. What make you believe that because these people build this project, you're going to lose your home? They're going to take your home away from you? Do they have the power to take the home away from you? Mr. Sanchez: There was a law of eminent domain, as you stated, that the Metrorail was taken by. Chairman Gonzalez: The eminent domain is only used to build public facilities. Mr. Sanchez: And this is not going to be a public facility. Chairman Gonzalez: It's not to be -- build a building for a developer or anything like that, so whoever tried to put that in your mind was very unfair because it's very unfair to, you know, a young person like you, try to put on his mind fear about losing your home and having your mom lose your home after she worked so hard for it, so you know, you should go back to them and tell them, you know, if you want to ask me to go to the City Commission and oppose the project or -- Vice Chairman Sanchez: Tell me the truth. Chairman Gonzalez: -- support a project, come to me with a true statement, and then I will do it, but don't lie tome to make me go in front of an audience and say something that is not true. OK. Vice Chairman Sanchez: No, go ahead. Chairman Gonzalez: Go ahead. Finish. Finish your statement. Vice Chairman Sanchez: You still got a minute and a half. Mr. Sanchez: I'm just extremely scared of the fact that my way of life is going to change, and that me, as a young citizen, I'm going to have to deal with a lot more stress on top of the fact that I'm going to college and things like this, so that's pretty much where I stand, and I deny the recommendations. Chairman Gonzalez: Very good. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: That's very good. Thank you. Yes, ma'am. Jill Daley: Yes. Good evening. My name is Jill Daley, 2630 Southwest 28 Street. I am a small business owner in the neighborhood; lived in Miami 20 years, and I know a lot of residential -- you know, individual people are very, very afraid of development. However, that is the track that Miami is on. It's the future of the City, and I do ask that you give this developer the opportunity to build this project. Thank you. Chairman Gonzalez: Thank you. Thank you very much. Anyone else on this side? Yes. Come forward. Vice Chairman Sanchez: Well, he needs a mike. City ofMiami Page 163 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: He needs a mike. Vice Chairman Sanchez: See if he's got the mike. Chairman Gonzalez: All right. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f William Gimenez: Good afternoon. My name is William Gimenez. I live at 2298 Southwest 16th Avenue, Miami, Florida, the magic city. Two things that I'm a little opposed about this situation is, first of all, we don't know what size is going to be develop. We -- I been to three or four different meetings, and every time it's a different size; it's a different type of construction. Now the other thing that bothers me a lot is we built Metrorail -- or somebody built Metrorail, and we got to fill it up. No matter what we do, we got to put houses, buildings, everything to fill Metrorail. I don't think it's fair. The third thing that I'm very much concerned is the low-income apartments. OK. What is the criteria for the low-income apartment? Can you please tell me? Vice Chairman Sanchez: I think it was 12 percent. Mr. Gimenez: Huh? Vice Chairman Sanchez: Twelve point five percent. Mr. Gimenez: Twelve point five percent. OK At what price are they going to buy it -- Chairman Gonzalez: You have to ask -- Mr. Gimenez: --for argument sake? Chairman Gonzalez: -- the County --- Mr. Gimenez: OK. This site -- Chairman Gonzalez: -- and the developer. Mr. Gimenez: Fine. OK. Mr. Gonzalez, for argument sake -- oh, sorry. Go ahead. Chairman Gonzalez: I'm being told that about $250, 000. Mr. Gimenez: You're joking. You're really joking. Vice Chairman Sanchez: No, listen, listen. Mr. Gimenez: I mean, who's going to buy that, 250,000 low income? Now let's say they buy it at $250, 000, low-income persons. At what price are they allow to sell it after they buy it as a low income? Because I not going to buy a low income at 250,000 -- Chairman Gonzalez: All right. Mr. Gimenez: -- and how would it be sold afterwards? I'd like to see -- Chairman Gonzalez: Let -- Mr. Gimenez: -- because -- Chairman Gonzalez: -- me ask -- you're asking us questions -- City ofMiami Page 164 Printed on 611112007 City Commission Meeting Minutes Mr. Gimenez: Yes, please. Chairman Gonzalez: -- that -- we don't have controls over this project. It was You just got here. Mr. Gimenez: Yes, I did. Chairman Gonzalez: That's why you miss it. Mr. Gimenez: Yes, I did. I'm sorry. Vice Chairman Sanchez: Maybe -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e mends ., nr a final d-in., PZ-20-6058 / 09/19/22 /f Chairman Gonzalez: The County is the one that has control over this project. No matter what we do here -- Vice Chairman Sanchez: County. Chairman Gonzalez: -- the County has the right to build the project, build it their way at the prices that they decide, so it's not up to the City Commission to establish prices, not on this project or any other project, unless it is an affordable project that requires a contribution from the City ofMiami -- Mr. Gimenez: Right. Chairman Gonzalez: -- but you know, all of those questions should be -- you should direct them to Miami -Dade County. Mr. Gimenez: I am sorry I got here late. I apologize -- Chairman Gonzalez: No, it's all right -- Mr. Gimenez: -- and I apologize -- Chairman Gonzalez: -- but -- Mr. Gimenez: -- ifI ask you another question. Why are we here if the City ofMiami is the one that's going to determine anything? I mean, are they going to tell you we are going to build it whether you say no here? Chairman Gonzalez: Yes. Mr. Gimenez: What are we here for? Chairman Gonzalez: Miami -Dade County government can overrule City ofMiami government, and that is the case here. Mr. Gimenez: So, in other words, if you guys say, "No. We are not going to build it, " they can say yes? Chairman Gonzalez: They can say yes. Mr. Gimenez: If you say yes, they can say no, right? City ofMiami Page 165 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: Right. Mr. Gimenez: So why are we here? What are we doing here? Chairman Gonzalez: Well, that was my question. I'm glad that you ask that Mr. Gimenez: Thank you. 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dmn. pabk heeling In—nd, wM1h tlmellne. set f,& in the City of Mlaml CWe. The appdwdle decision- naXing body will renew the information at the pabec hearing to rend,, e recommendation on a final d-id., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: -- that was my question to the City Manager, and that was my question to the department and to the lawyers when I heard that no matter what we do, the County can do whatever they want because they can override the City of Miami government, so I said why are we meeting? Well, because we are required to meet, and we are required to vote either in favor or against it, and then it's sent to the County, and then the County do whatever they going to do, and that's why we're here, you know. Mr. Gimenez: It make me laugh and say hello to you, and all the Commissioners, and you, lady. Fine. Chairman Gonzalez: So -- Mr. Gimenez: It's fine. Chairman Gonzalez: -- that's the way it is. It's very unfortunate. Mr. Gimenez: Thank you. Chairman Gonzalez: Thank you for being here anyway. Mr. Gimenez: You're welcome. Chairman Gonzalez: We really appreciate you being here today. Yes, sir. Good afternoon. Mario Fabian: Good afternoon. Mario Fabian, 2630 Southwest 28 Street, Apartment 14. I am totally support of this project, and I want it to go on because we've waited already for such a long time and, you know, we keep going back and forth and nothing's getting done. If we're going to do something, you know, let it be something good, not like the bakery center that was there and they had to tear it down and put something back up again. Let's make it a, you know, nice big project, and I'm in support of the project. Chairman Gonzalez: Thank you very much. Mr. Fabian: Thank you. Chairman Gonzalez: Next, please. We are -- Maria Cortina: My name is Maria -- Chairman Gonzalez: -- close to closing the public hearing. Yes, ma'am. Ms. Cortina: My name is Maria Cortina, and I live at 2990 Southwest 27th Lane, and I support the project. I'm a half a block from the project. Chairman Gonzalez: Thank you very much. Yes, sir. Carlos Haza: Hi. My name is Carlos Haza. I live at 2951 Southwest 27th Terrace. I would like City ofMiami Page 166 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE rni. eobminal needs m to"hed"ied m� a "bg, healing you to deny. In reference to what they mentioned earlier, one of the reason n—d'nC, me"n�e0to"h in the City Miami CWe. The applice Ye decision -making body will reNewthe inlormativn at the pubdc hearing to n:nder e -- the developer came around our neighborhood when all this started, and h mmendebvnvreena l decid,n was negotiating with some of the neighbors to purchasing their land outside t PZ�9/22 206058 Metrorail area; also said that that whole area and beyond, which in 19 -- when was approved, it was supposed to be commercial all the way to 30th Avenue. One that we voted it in for the Metrorail because all that got removed to be contained to 2 and 29th, not the red zone that they're showing on that -- that's an old before -- an old map before all this was approved, OK? Chairman Gonzalez: OK. Mr. Haza: Now this is why the neighbors are concerned, the domino effect. You build three high buildings, they're going to go across the street with the excuse that on the Metrorail there's high buildings already, which is what's happening with Terraza [sic] and the 27th Avenue Latin American, so we please ask you to deny. Thank you. Chairman Gonzalez: Thank you very much. Yes, sir. Marcelo Vergara: Yes, sir. Good evening. I'll try to be as brief as possible. It's a long afternoon. My name is Marcelo Vergara. I have worked for more than 25 years, and my office is in downtown Miami. I live in the Kendall area, but I own a property at 27th Terrace. I live more than 30 years in this area, and I have seen this population growth, but unfortunately, we are suffering the symptoms of not planning ahead and catering to the inherent requirements that population growth, you know, entails, and I see the discussion here about whether to deny or to approve. Development will come. All this area where everybody lives and where my --the property I purchased is scheduled to be rezoned under Miami 21. This project is consistent with the Miami 21. If they want to scale and go to the details, they have all the right to do so, but it's not a matter of denying or approving a project that is coming along with what happens with cities that grow. As the population grows, you cannot deny it. Density will come up because you need to resolve these problems. If you allow me, I just happen to have something from the Miami -Dade that really speaks much better than -- because I was reading as I -- and if you allow me -- it only take me 30 seconds. It says -- Chairman Gonzalez: The problem is you got 30 seconds, so -- Mr. Vergara: OK. It says, on the transit -oriented development, TOD, is an exciting new growing trend in creating new development with access to mass transit. These compact and pedestrian -friendly communities are centered around transit systems. This concept them makes it possible for residents living in or around the development to improve their quality of life by not having to depend on a car for transportation. With the current emphasis on transitplanning, Miami -Dade County's future is bright, it says. Joint development at various Metrorail station throughout the County has created TODs featuring commercial and residential projects. Cities across the country, such as Atlanta, Baltimore, Portland, and San Francisco have implemented TOD with great success. Developments in these cities include commercial retail space mixed with residential areas, all centered around the mass transit station. Chairman Gonzalez: Your time is up, sir. Mr. Vergara: OK. Chairman Gonzalez: Your time is up. Mr. Vergara: I read this with the -- because this is what the future -- Chairman Gonzalez: Yeah. City ofMiami Page 167 Printed on 611112007 City Commission Meeting Minutes Mr. Vergara: -- is coming, and we need to -- we don't need to be behind the Chairman Gonzalez: Yes. We -- Mr. Vergara: -- and planning means, you know, controlling this. 1�J L11Y'f]F� NOTICE rn1, eobnidal needs m tx Ih.&dmra pabk heahng in r<ond—wM1h hmellnes set forth in the City of Mlani CWe. The appdwdle decision-nahing body will rewewthe inlorn ,at the pabec hearing t, rend,,e recommendation or a final decison. PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: -- appreciate that. We appreciate that. Thank you very much. Mr. Vergara: Thank you very much. Chairman Gonzalez: Yes, sir. You got two minutes. James McMaster: Jim McMaster, 20 -- Chairman Gonzalez: I'm going to close the public hearing. After the lady, I'm closing the public hearing, OK. Mr. McMaster: Jim McMaster, 2940 Southwest 30th Court. You're approving today, or hopefully, rejecting, a resolution of the Miami City Commission approving the attached Coconut Grove Rapid Transit Zone development standards for consistency with the Coconut Grove Rapid Transit Zone Development Master Plan, and as we know, there is no SADD plan. It doesn't exist. The City has never gone out and worked with the County. It turns out -- I have an e-mail (electronic) from the County. --the standards are prepared by the Station Area Design and Development, SADD, program process, which is a joint municipal County program. This is the process that Guillermo O. thought we should be using. By "Guillermo O., " they're referring to their expert Guillermo Olmedillo. They decided on an alternate process. They did not include you in that; they just decided to do it. "This alternative process was used for the other stations, Overtown and Santa Clara," and Commissioner, you know what happened at Santa Clara. We didn't get what we wanted. Another e-mail from County staff. "No charrette or recent area plan has been prepared for this urban center. A Station Area Design and Development Plan was prepared for this area in the late 1970s. Thus, an area plan is needed to ensure compatibility. " That is when you and we and the residents would have had input. I think that the SADD plan that was submitted from the 1970s says, at the end of it, that it's the first of three SADD plans; that it's a preliminary report, so we have a situation where the community has not had input. I think you Commissioners do have the ability to do something. You can reject it and send it back with recommendations. The first thing is that from here to that wall, that is the magnificent setback that we get on 27 Street. You go up 75 feet on the edge of the street; you go back 20 feet, like that wall, and then you go up 200 feet. Is that a setback for a residential neighborhood? We'd like a setback similar to Villa 27. It came through a MUSP through this Commission. There is a large setback. There's a parking garage behind it wrapped in residential. The main issue here is what is the FAR? I've never heard of apiece of property outside of downtown that doesn't have an FAR. This property has no FAR. Chairman Gonzalez: Your time is up. Mr. McMaster: Does one residential unit fulfill their requirements? One -- if they put -- when the site plan comes down and you have no control over the site plan, does one residential unit or two -- do they -- are they the residential they need? So, Commissioner, what is 12.5 percent of 12 units? Chairman Gonzalez: Your time is -- Mr. McMaster: You know -- City ofMiami Page 168 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: -- up, sir. Mr. McMaster: -- so -- and -- Chairman Gonzalez: Sir -- Mr. McMaster: -- 13 -- 30 -- Chairman Gonzalez: -- you hear me? Mr. McMaster: Wonderful. Thankyou -- Chairman Gonzalez: Your time is -- Mr. McMaster: -- sir -- Chairman Gonzalez: -- up. Thank you very much. Mr. McMaster: -- and please reject this. Chairman Gonzalez: Thank you. Ma'am. Vice Chairman Sanchez: Thank you. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Janice Tarbert: Janice Tarbert, 2520 Southwest 24th Terrace, Silver Bluff. I call your attention to the packet I gave you, the yellow sticker, and I'm going to quote Mass Transit Policy 5D. "The County shall promote increased affordable housing development opportunities within proximity to areas served by mass transit. " One of the biggest and most important issues in Miami -Dade County and the City of Miami is the lack of affordable housing and the abuses that have come to the public's attention regarding this issue. Yet, no affordable housing on public land, our public land, is proposed in the standards for this development next to mass transit. Only workforce housing of 12.5 percent is in the standards. At 20 -- 220 units, that would be 28 units. We are recommending 25 percent affordable housing, which would be 55 units, for a combined total of 83 units. We are also asking that you place restrictions so that these affordable units are sold to persons or families who meet the criteria for affordable housing and not sold to individuals who want to flip the units or rent them for a profit. For the County to not require affordable housing on this public land next to mass transit is a travesty. Please vote to deny the standards and recommend to the County that there must be affordable housing in the standards, and to quote Commissioner Sanchez from a previous Commission meeting -- Vice Chairman Sanchez: Why do I always get quoted? Ms. Tarbert: -- show the County that the City of Miami is a champion of affordable housing. Thank you. Chairman Gonzalez: Thank you very much. Vice Chairman Sanchez: Why do I always get quoted? Chairman Gonzalez: All right. I'm closing the public hearing. Vice Chairman Sanchez: Why do I always get quoted? Chairman Gonzalez: I'm going to allow -- City ofMiami Page 169 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE miI s�bn nd neeas, txs�hea dfmr i phbe�healing in a�orh" wimun,ennes se<tonhmmeeerym Ms. Tar" ert: That's W atyousaZ . IL M,,,icwe.meappurar, m—n-making bWywil renew the inbnnn nat the pubk hearing to rend,, recommenaation or � nnai eeueon. Commissioner Sarnoff: You're the good-looking one. We always quote you. W\, PZ-20-6058 09/19/22 Chairman Gonzalez: I'm closing the public hearing. I'm going to allow time for Mr. Pastoriza: Two, three minutes. Chairman Gonzalez: I hope that you make it quick. Mr. Pastoriza: Yes. Well -- Chairman Gonzalez: Once we finish rebuttal, it will come back to the Commission for a vote. After we vote on the item, Commissioner Spence -Jones needs to bring up a resolution. After we hear your resolution and vote on it, we have to go to a special section [sic] with the City Attorney on the shade meeting that we have pending, and then we will take the balance of the agenda, which is your blue pages. Mr. Pastoriza: Commissioner -- Chairman Gonzalez: All right, so I'll appreciate your -- Mr. Pastoriza: Yes, sir. Commissioner, the requirement of workforce housing is 65 to 140 percent of the median family income. This is a report prepared by the County, George Burgess, the County Manager, in the -- related to the workforce housing development program. The range of cost for a rental is 800 -- at 65 percent, it's 850. For a home priced at that range, it's 105,363. At the range of 140 percent, the rental is $1,870, and the price range is $217,424 of -- if it is a purchase, and that's -- this is from a County memo that was presented at their workforce housing development program. There is a shortage of workforce housing in Miami, as equally strong as affordable housing, but you have more people in the affordable housing market than you do in the workforce housing. I just want to also send to you -- or give to you a copy of a memo that we got, which relates to the building of the pedestrian overpath [sic] at this site, which a number ofpeople have expressed a concern. The bottom line, ifyou read it, right now there is not sufficient warrants to build a bridge. Chairman Gonzalez: Yeah. That is -- Mr. Pastoriza: OK, but if this development goes forward with the parameters that you have there, they are -- they're -- the County is going to restudy it. Now if you cut the size of this development or the parameters, you may never get the overpass built there. Chairman Gonzalez: No. Mr. Pastoriza: Now this -- I think these parameters provide for a project that is consistent, compatible, in line, and will allow us to go forward, create jobs, use all the -- our lease obligations on creating job, and also work -- art in the workplace. Commissioners, I would ask that you support the standards and you vote for the standards. Thank you. Chairman Gonzalez: Thank you. I want to allow a couple of minutes to a gentleman from the County that I interrupted when he was trying to correct the record on a couple ofpoints. Mr. Libhaber: Good evening. Bruce Libhaber, assistant county attorney; was the attorney who negotiated the lease and --for the County. Just two minor change -- or revisions. Issue came up about the requirement of the standards as to whether housing was required or not, and the language was read into the record. The underlying lease does require housing, and it requires City ofMiami Page 170 Printed on 611112007 City Commission Meeting Minutes 220 residential units, so the 12.5 percent figure that's floated out would be 220 residential units, which is incorporated in the lease itself. Vice Chairman Sanchez: And that is in the lease agreement? 1�J L11Y'f]F� NOTICE rn1..0,nmal needs m—Ih.&dm,. pbk heeling in.—d—wM1h'medne..et iodh in the City of Mlami Code. The appliwde decision -making body will renew the information at the pu bec hearing t. n:nder e reccmmendati., or a final decison. PZ-20-6058 / \\ 09/19/22 /f Mr. Libhaber: Yes. That is in the lease agreement itself. In the -- in addition to that,7WHAW thing. The question was how did it evolve from 14-10-1 to 19-19-1. This went out as an RFP by the County. County put it out to bid, and the proposals came back in April 30, 1999, and indeed, at that time, this proposer did propose a 14-10-1 project. Vice Chairman Sanchez: Right. Mr. Libhaber: The RFP made it very clear that the evaluation committee would evaluate and review based on the criter -- the qualifications of the proposer, the plan, et cetera, et cetera, and it would score accordingly, and then would engage in negotiations with the recommended company or proposer. It always contemplated that there would be negotiations. Arising from those negotiations, the end result was a 19-19-1 structure, or set of structures, and the contract of the lease that the Board of County Commissioners approved in March of 2000 was a 19-19-1 structure, so as of 2000 through today, that lease contemplated a 19-19-1 structure. Vice Chairman Sanchez: Could I interrupt you for a minute? Mr. Libhaber: Sure. Vice Chairman Sanchez: Having made that statement, the -- did the Dade County Rapid Transit Development Impact Committee also approve that? Mr. Libhaber: The lease or the development standards? Vice Chairman Sanchez: Development standards. Mr. Libhaber: The development standards of 19 -- of the one -- of the 19 stories, or 200 feet -- Vice Chairman Sanchez: Yes. Mr. Libhaber: -- were approved by the RTDIC, yes, and then subsequent to that, when seeking zoning approval or development standards through the RTDIC, that is -- as has been discussed - - that's when they first initially asked unlimited, and then it was reduced and reduced and reduced to the level in which it is consistent with the outer limits of what the lease always had since 2000, so I just wanted to clarify those questions as to how we arrived to this state today. Chairman Gonzalez: All right. Mr. Libhaber: If there's any other questions -- Chairman Gonzalez: Thank you very much. Mr. Libhaber: Thank you. Chairman Gonzalez: All right. Then bring it back to the Commission. Vice Chairman Sanchez: All right. Chairman Gonzalez: The Commission is going to debate now and vote -- City ofMiami Page 171 Printed on 611112007 City Commission Meeting Minutes Commissioner Sarnoff: Mr. Chairman. Chairman Gonzalez: -- either up or down, like Commissioner Sarnoff says. expression? Vice Chairman Sanchez: Fish or cut bait. Chairman Gonzalez: Good emperor. Commissioner Sarnoff: There we go, up or down -- Chairman Gonzalez: Up or down. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Commissioner Sarnoff: -- but what we ordinarily do and what we ordinarily do here is we ordinarily vote up with conditions. I'm going to make a suggestion to you that we vote it down with conditions, though, and let me just suggest something to you because a number of things have been said, and sometimes you need to just make it a little bit clearer, and I don't mean to go into revisionist history, but we're said to go and look at the SADD, and we're told this is the SADD. I'm looking at ten pages of what they call the low growth residential concept. We have the low growth residential concept strategy two. We have the moderate growth strategy three. We have the moderate growth strategy four. We have the moderate growth strategy five. We have the moderate growth strategy six. We have the high growth strategy seven. I could go on and on. The SADD did not set any parameters or terms as to what would be built here. Asa matter of fact, it gave a number of different concepts, so even if you had read this, all you would know is something could be built; not any idea, suggestion, or inclination of what could be built. Now the City of Coral Gables, a city I happen to think does things probably a little better than we do sometimes, actually came out and rejected this project; said it's wrong; it's out of scale, and they gave a detailed memo as to why, and I won't get into that. The end of the movie. In 2006, this developer came to the community and was suggesting 35, 35, and 25 stories for his concept; 1.5 million square feet. That is bigger than Dadeland Station, that entire Dadeland community, by more than half a million square feet. This community panicked, and rightfully so because they could not imagine a Dadeland Station built there, nor could I. I'm going to say something about one suggestion that has not been brought to bear. I started this meeting today asking everybody to give the family of Vincent Delmore our condolences. I asked my staff to look into how many traffic fatalities have occurred in that vicinity. I asked them to go back to 2002. On January 13, 2002, there was a traffic fatality. On February 10, 2002, there was a traffic fatality. On April 29, 2002, there was a traffic fatality. On August 14, 2002, there was a traffic fatality. On November 2, 2002, there was a traffic fatality. On December 20, just before Christmas, 2002, there was a traffic fatality. I've only done 2002. Would you like me to do 2003? On March 25, 2003, there was a traffic fatality. On June 15, 2003, there was a traffic fatality. On June 28, 2003, there was -- I could go on and on. There have been more traffic fatalities there -- ifI'm looking at the right numbers, there were, within 15 blocks, almost 25 traffic fatalities on US 1. IfI go just to that block, just to that very intersection, there have been seven traffic fatalities. If we don't make, as part of our requirement, that Dade County or this developer create some sort of a pass, we're going to be looking at 25 or 30 traffic fatalities for the next four years because that's what we apparently generate. You know, there's going to be building there. We all know that, but we, as a Commission, whenever we go around an R-I neighborhood, are very careful about one thing. We're very careful about our angles. We're very careful that when we're going to put height, that we put that height scaling down, and one of the things that was provided to us was a very well -thought-out scale -down plan, and I'm referencing what's in front of all of us in the yellow versus the red, and I think we should follow that modification plan, so let me ask that we adopt Diane O'Quinn Williams, who was the County's Planning and Zoning administrator. I guess she was the director. She put out about -- I guess it's this memo here that we have in front of us, and instead of me reading it, let me attach it as part of the record because I think what we should do is reject -- deny this, but ask them to City ofMiami Page 172 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE This s�bminal needs m � Iheaw•.e mra pabk heahng approve it subject to this. Now this developer can get to his height of 200 f ina`°°rha ithtmelin. "hinthe City & Miami Code. The appliwde tlsision-making bfmy will Newthe inlormatlon at the pubic hearing to n:ntler e LEED standard building, so it's not like we're putting any kind of harsh onu. mmendaticn ofa bnal eecidcrt ourselves impose upon most of the builders that come to us. We're asking hin PZ-20-6058 setback and a 50 foot height, I should say, reflective of the intermediate step-d 09/19/22 alongside the west side of 27th, so what they're saying is, look, for the folks right folks, let's have a 50 foot height right there, nothing that we don't ordinarily suggest o Everything else they're suggesting, just to give you a for instance --how about this? Twenty-five percent of the residential units be affordable and twelve and a half percent be workforce housing units. That is real change. That is saying, look, if you're poor, we welcome you here, and you don't need a car, and you can travel to downtown and get yourself a better job, and that's what the County should be promoting because they talk the talk, but they don't walk the walk, so let's make them walk the walk at their transit -oriented corridor. Commissioner Spence -Jones: Can -- Commissioner Sarnoff: Go ahead, Commissioner. Commissioner Spence -Jones: Commissioner Sarnoff, I actually love your suggestions on this issue. I just want to have -- because, clearly, my concern about the project was not having enough affordable housing placed within the project, but I wanted to be clear from the City Attorney, real fast, or Lourdes, staff, if you guys can clear this up. If we vote to deny this project with conditions, what happens after -- do they come back to us or it goes to the County? How -- what would be the next steps on that? Ms. Chiaro: If you deny the project and forward your suggestions, which are attached as conditions, the County will then, presumably, consider the conditions. Commissioner Spence -Jones: OK -- Ms. Chiaro: You're -- Commissioner Spence -Jones: -- because the reality is no matter what we do, this is a County project. It's going to go to the County, correct? Ms. Chiaro: That's correct. Commissioner Spence -Jones: OK, so even if we approved it, we couldn't approve it with conditions, correct? Ms. Chiaro: That's correct. Commissioner Spence -Jones: So the only way that we can really send a loud message to the County regarding these key issues is by saying to them we're voting to deny the project, but we're voting to deny the project only because we feel that these things need to be amended. Ms. Chiaro: Yes. You are telling -- Commissioner Spence -Jones: It -- Ms. Chiaro: -- the County why you are denying -- Commissioner Spence -Jones: OK Ms. Chiaro: -- the project. City ofMiami Page 173 Printed on 611112007 City Commission Meeting Minutes Commissioner Spence -Jones: Then it still has to comeback in front of us Ms. Chiaro: It does not. Commissioner Spence -Jones: OK, so like what is the problem? 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: All right. Let's fish or cut bait. Are we ready to (UNINTELLIGIBLE)? Commissioner Sarnoff: So my motion would be to deny the project. I'm going to attach the April 22 to --just to --for identification purposes, draft where -- they call it the revised draft for internal review. I'm going to attach the map that was provided to us and suggest that these be -- Commissioner Spence -Jones: Second. Commissioner Sarnoff: --the conditions. Thank you. Chairman Gonzalez: All right. We have a motion, and we have -- Mr. Pastoriza: Excuse me -- Chairman Gonzalez: --a second. Mr. Pastoriza: -- but I don't have -- Chairman Gonzalez: It's a resolution. Mr. Pastoriza: -- a copy of that. Chairman Gonzalez: All -- Vice Chairman Sanchez: All right. Wait, wait, wait, wait. Discussion on the item. Discussion on the item. Chairman Gonzalez: Discussion on the item. Vice Chairman Sanchez: Well, unless you want to vote. We'll vote on it -- Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: -- but I mean -- Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: No, no. Let's vote on it. Let's see -- Chairman Gonzalez: Why -- Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: -- OK -- Vice Chairman Sanchez: Because -- Chairman Gonzalez: -- wait, wait, wait, wait, wait. There may be a concern. Why don't we do a roll call on the item? City ofMiami Page 174 Printed on 611112007 City Commission Meeting Minutes Commissioner Regalado: Roll call. Chairman Gonzalez: Let's do a roll call. We have a motion from -- Vice Chairman Sanchez: To deny. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: -- Commissioner Sarnoff, and we have a second from Commissioner Spence -Jones. Commissioner Sarnoff: With these recommendations. Chairman Gonzalez: Right. Commissioner Spence -Jones: With -- yeah, with those amended -- yeah. Chairman Gonzalez: Yeah. Roll call, please. Ms. Burns: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: Commissioner Sarnof? Commissioner Sarnoff: Yes. Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Burns: The motion to deny -- Applause. Ms. Burns: -- has been approved, 411. Chairman Gonzalez: All right. Commissioner -- Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes. Commissioner Regalado: -- ifI may. I am a little -- Commissioner Spence -Jones: I mean, it's got to go to the County anyway. Commissioner Regalado: -- concerned with this memo from the County on the pedestrian City ofMiami Page 175 Printed on 611112007 City Commission Meeting Minutes overpass -- Vice Chairman Sanchez: It's too late now. Commissioner Regalado: -- on 27th Avenue, and I think that the City should be 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: Why don't we -- why don't you hold that for whenever we start talking pocket -- Commissioner Regalado: Yeah, yeah. Chairman Gonzalez: -- items because Commissioner Spence -Jones has to leave, and we need to take -- Commissioner Regalado: Oh, OK. Chairman Gonzalez: -- something for her. Commissioner Spence -Jones, your item, please. Commissioner Spence -Jones: Yes. Chairman Gonzalez: Please, I ask you to walk out quietly. We need to continue this meeting, please. Commissioner Spence -Jones: I just want to -- I didn't know if Commissioner -- excuse me, the Manager had to say something to you that's -- he just wanted to make a statement regarding the man -- the County on this issue. Vice Chairman Sanchez: It'll come back to us. Pedro G. Hernandez (City Manager): If you allow me, Mr. Chairman, just for clarification. My understanding is that the item will go back to the RTDIC, and they look at your recommendations, and then it comes back to the City -- Chairman Gonzalez: OK, but let me tell you. Mr. Hernandez: --and I'll double-check it -- Chairman Gonzalez: When it comes back -- Mr. Hernandez: -- but that's -- Chairman Gonzalez: -- but let me tell you -- to us, we're going to vote on the item without another public hearing because -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- you know, I mean -- Commissioner Spence -Jones: Agree. Vice Chairman Sanchez: No. You got to have a public hearing. Commissioner Spence -Jones: We got to have a public hearing? Vice Chairman Sanchez: There's modifications, and may I be recognized? City ofMiami Page 176 Printed on 611112007 City Commission Meeting Minutes Jorge L. Fernandez (City Attorney): If it comes back to you -- it's not because the County has other options. Vice Chairman Sanchez: So do we. 1�J L11Y'f]F� NOTICE rni..obninal needs m t Ihe&ied m,. pabk heeling In — d—wM1h tlmellne. set f,& in the City of Mlami Cede. The appliwd, decision- naXing body will rewewthe inlvrmativn at the pabec hearing to n:nder a —mmendabon nr a final decison. PZ-20-6058 / \\ 09/19/22 /f Jorge L. Fernandez (City Attorney): Well, I --then personal representations have been made, but notwithstanding that, if it ever comes back to you, then you have to have another public hearing. Vice Chairman Sanchez: And that's -- Mr. Chairman, could I be recognized? Chairman Gonzalez: That is exactly what I told you, Mr. Manager. Vice Chairman Sanchez: Can I be recognized? Chairman Gonzalez: It's exactly what I told you. This is playing a game. Vice Chairman Sanchez: Exactly. Chairman Gonzalez: This is wasting time, wasting our time and wasting the taxpayers' time. As the gentleman says, if we cannot approve it, if we cannot make a determination on it, why bring it before the Commission? Vice Chairman Sanchez: May I be recognized? Chairman Gonzalez: OK? Vice Chairman Sanchez: Mr. Chairman, could I be recognized? Chairman Gonzalez: I believe it's totally unfair. It's totally unfair to these people that have been sitting here all day long waiting for this item to be heard. Now we make a decision, and now you're telling me that it goes to the County, and then it's come back, and then these people have to come back and spend -- Mr. Hernandez: Mr. Chairman -- Chairman Gonzalez: -- another day here. Mr. Hernandez: -- I just wanted to clarify that for your own benefit. The assistant county attorney who's here just mentioned to me that the process is that this goes back to RTDIC, and then it comes back to you. Chairman Gonzalez: Well, let me -- Mr. Hernandez: However -- Chairman Gonzalez: -- tell -- Mr. Hernandez: -- there may be -- Chairman Gonzalez: --you something on the record, and I'm going to tell you something on the record now. I will not take this item on the agenda, as the Chair, until after September of this year, so don't even think about bringing this back July or August, OK? I'm telling you now. City ofMiami Page 177 Printed on 611112007 City Commission Meeting Minutes 1�J L11Y'f]F� NOTICE miI s�bn nd neeas, txs�hea dfmr i phbe�healing J in a�orh" wimumennes se<tonhmmeeerym Commissioner pence —Jones: Mr. Chairman, that's the -- IL M,,,, CWe. Theappgcad, ae —n-making bWywil renew the inbrm ,at the pu bk hearing to rend,, recommenaation or � nnai eeueon. Chairman Gonzalez: I'm putting you on notice. W\, PZ-20-6058 09/19/22 Commissioner Spence -Jones: --reason why I asked the City Attorney. That's to be real clear whether or not -- Vice Chairman Sanchez: Can I be recognized? Can I be recognized -- Commissioner Spence -Jones: -- it had to come back. Vice Chairman Sanchez: -- Mr. Chair? Chairman Gonzalez: Yes, sir. You're recognized. Vice Chairman Sanchez: Mr. Chairman, that's the reason why I voted no on this item, OK, and let me tell you why I voted no. I knew I didn't have the votes, but I knew that this would go back to that committee with the recommendations that were put forth, and it would come back to us because that's the way the process is designed. I personally believe that we don't have any legal round [sic] to deny this process because the jurisdiction falls within the County. This process will have to go through the County, through the zoning, and the building process of it. If you look at the records that are here today -- and I want to just make for the -- I'm very --first of all, I'm very impressed with Felice. For the first time coming in front of this Commission, I think she did very well, and she needs to be commended, but as a legislative body -- and I'm very surprised, Commissioner Sarnoff, you being an attorney. I am very sympathetic to the residents that came forth with the concerns that they had. They have every right to come in front of this Commission, but we, this legislative body, can never base our decisions on rumors, innuendos, and gossip, and a lot of the things that were put forth in here were innuendos, gossips, and rumors. It has to be based on substantial evidence, competent substantial evidence and the facts that have been presented in front of us, based on the laws. That is our-- how we make our decision here, not politically motivated; leadership motivated. Not that I'm pointing the finger at anybody, and I don't want to offend anybody. Although the tragedies in US I -- although they're tragic and sad, that's irrelevant to this item, although I would support putting forth any recommendations that you can, but for us to deny this item, based on the facts that were presented to us -- and I'm going to read the facts because I wrote them all down basic listening on the arguments that have been made. Our Comprehensive Plan promotes large development near public transit. It is our Comprehensive Plan that says, yes, we accept that as our laws. The Cocoanut Grove Village Council and the City ofMiami Commission commissioned the Coconut Grove planning study in support of high density and intensity in the Metrorail stations. It's there. It's --the law was presented. Nobody rebuttalled [sic] it. It's the law, and we have to make our decision based on the law. Is that urban transit site? Yes, it is, folks. Is that the future Of our city, to promote development in transit where people get off our cars? We hear everybody complaining about traffic, speeding, pollution, but we do anything -- we don't do things to get people off of our cars to use the transit. Now if Miami's truly being a transit -oriented city, it has transit -oriented development. We have to focus on these types of developments. The issue that's in front of us that came was recommended by the Transit Development Impact -- they're the ones that suggested the 19 stories. At one time, it was 35; it got kicked back. It's here. All the County is asking is for us to make a recommendation in support of their standards. They're going to decide. Every resident that was here has the right to go through that process that we have here when we develop. They could go to the County and say we're against it; we're for it, and make the arguments over there, but by us making this decision here to -- not to support it, you're holding the development, which a lot ofpeople said they were for the development. Those conditions that have been proffered, Commissioner, those conditions could be implemented in the proper authority and jurisdiction, which is the County, not us. It's going to come back to us six, seven months, whenever, and we're going to sit here again, and we're going to go, do you City ofMiami Page 178 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE kt bmidal needs m tx e�hed "d mf a "bge healing accept the standards? No, we don't. They're going to go back to the Count�efe— fflnamehn. et tedh in tha City o!Code. The applieabl decision -making body willtheinlorm ' at thepublic hearing to n:nderto be shuffling back and forth. IfI was a County Commissioner -- and I thimmendabon o, On, l deciventhe County Commissioners -- I would be offended by this Commission, us mPZ-20-6058know, we're going to put conditions on them, and it's fine. Wecouldputco09/19/22take them; they may not, but by us denying this, I don't think it's thefuture o accomplish, unless we're hypocrites, and if we are, we're hypocrites 'cause we talk abo Oh, development" don't build it in my house. Affordable housing. No, not near my house, but where are we going to put it? If you look at every major city in this great nation of ours, you're going to see that transit is where people are being built for people can move in, whether it's low income, whether it's affordable housing, or whether -- whatever it may be. God bless you if you could afford a million -dollar home or $1 S million home, so that was the reason why I voted no, based on the facts that were presented here, and I'm very sympathetic to the residents that are very concerned. They're going to have an opportunity. I have not denied anybody the process to go to the County and present their arguments in front of the County Commission, and the County Commission could go, "Not 19 stories; we'll do 11. " All the concerns that you put forth, they could address. Now I am prepared to make the recommendation of approval with conditions -- recommendations -- whichever it may be. I think that's more accepted in the County, where they're going to accept it better than a denial. Unidentified Speaker: You can't. Vice Chairman Sanchez: Sure, we can. Commissioner Sarnoff: You cannot. You can only approve or you can deny with recommendations. Commissioner Spence -Jones: Mr. Chairman, and I think that -- I just want to be clear. The reason why my vote was what it was -- because that's why I asked the City Attorney. IfI asked -- and the question I asked, Maria -- excuse me -- Ms. Chiaro -- Vice Chairman Sanchez: I don't think there's legal grounds to -- Commissioner Spence -Jones: -- I asked the question -- Vice Chairman Sanchez: -- deny this project. That was my vote. If it was a motion with -- Commissioner Spence -Jones: -- if I denied it, could I put the conditions on it? Yes. If I approved it, could I put the conditions on it? Ms. Chiaro: No. Commissioner Spence -Jones: No, and then I asked the question, does it still have to come back to us, and -- Ms. Chiaro: OK Commissioner Spence -Jones: -- apparently, we didn't know that information because the County then didn't really speak up to say anything different at that time. It was said, no, it didn't have to come in front of us -- Ms. Chiaro: We -- Commissioner Spence -Jones: -- so that's the reason why you got that vote from me because, at that point, you know, what else is therefor us to do? I mean, how do you deny -- how do you not promote affordable housing or additional affordable housing? City ofMiami Page 179 Printed on 611112007 City Commission Meeting Minutes Ms. Chiaro: The -- Commissioner Spence -Jones: I mean, the reality is, I mean, some of the -- yes, workforce housing, and I was very supportive of that, butt do think that we she additional affordable housing. Ms. Chiaro: -- vote that was -- 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pbk heahng In — d—wM1h hmellnes set f,& in the City of Mlami CWe. The appdwde decision -making body will n: _e 'inform ' at the pa bec hearing to n:ndere nxom da ., nr a final decison. PZ-20-6058 / 09/19/22 /f Commissioner Sarnoff: Because the only way we could do it was this way. The only way it could have been -- Commissioner Spence -Jones: That was what was communicated. Commissioner Sarnoff: We either said yes or we said no with conditions, period. If you believe you should have voted yes, then change your vote -- Vice Chairman Sanchez: Listen -- Commissioner Sarnoff: --but -- Vice Chairman Sanchez: -- ifI may. I voted no. Under the Mason's Rules of Order, I cannot make a motion to reconsider. I just didn't want this vote to go through on a 411 by me just voting no on the issue because I wanted to put the concern that I have and base -- as a voting member of this legislative body, I tell you, we have no legal grounds to deny this concept when you have the County here supporting it, when you have every major law supporting it. Every major law that's in front of us supports this, and we have no jurisdiction whatsoever. Just to tell the County, yes, we -- Chairman Gonzalez: No, no. Commissioner Sarnoff: No, no, no. Vice Chairman Sanchez: -- support the standards you're taking. Commissioner Sarnoff: You're missing the point, Joe. The point was that we're supposed to make a recommendation. Whether you think there was nothing supporting in front of you --you know, I could make some statements. I should hold my tongue, though. Chairman Gonzalez: All right. We -- where do we stand? Because we need to conclude the meeting. Commissioner Spence -Jones: There's a vote. Ms. Chiaro: You have voted on this item. Chairman Gonzalez: We already voted. Commissioner Regalado: Exact -- Chairman Gonzalez: We already voted on the item. Ms. Chiaro: Yes. Vice Chairman Sanchez: All right. OK City ofMiami Page 180 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: And we might see it back in October or November, so plenty of time to play games between our staff and the County staff- have m, themselves, have lunch, OK? 1�J L11Y'f]F� NOTICE rni..obmidal needs m—Ih.&dm,. pabk heahng In—nd, wM1h hmellnes set f,& in the City& Mlaml C We. The appli. A, decision -making body will rewewthe mtormadon at the pabec hearing to n:nder e mentla5pn pr z final decison. PZ-20-6058 iii�'/ 09/19/22 /f City ofMiami Page 181 Printed on 611112007 City Commission NA.1 07-00736 NA.2 07-00738 Meeting Minutes NON AGENDA ITEMS DISCUSSION ITEM 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e -mends ., nr a final decin., PZ-20-6058 / \\ 09/19/22 /f DISCUSSION REGARDING THE IMPLEMENTATION OF A NEW"" PROCEDURE ADDRESSING BLUE PAGES OF COMMISSIONERS DURING COMMISSION MEETINGS. DISCUSSED Chairman Gonzalez: We will now begin the regular meeting. The City Attorney will state the procedure to be followed during this meeting. Jorge L. Fernandez (City Attorney): Mr. Chairman and Commissioners -- Chairman Gonzalez: And before the City Attorney start, I just want to -- I want to thank my colleagues for helping me out in conducting a smooth, easy meetings. I requested through a memo that I sent to each Commissioner, I requested to them --from them that please only have two items on their blue pages and to try to limit the blue pages because that will help us run a more efficient meeting, and also, I stated that we will have the blue pages considered at the end of the agenda, our regular agenda items. You know, I have been working on trying to control this portion of the agenda for the last, probably, three or four or five months. All -- I also requested sometime ago that items that were placed on the blue pages of the Commissioners were items to be discussed among the Commissioners, debated among the Commissioners, that no public input will be accepted under the blue pages. Once the Commissioner discuss a blue page, if they find it necessary to be -- to get public input, then it will be sent to the Administration; it will be put on the regular agenda as a public item or a public hearing item, and then we will take whatever time is necessary to discuss that item on the regular agenda as a public hearing item, so you know, I really want to thank every one of you for helping me run this meeting. One day each -- Regalado has already been a Chair; so has been Vice Chairman Sanchez, and Commissioner Sarnoff and Commissioner Jones [sic], both of you will eventually be Chair in this Commission, and then you will know how -- you know, what I have to go through in order to run these meetings, and then you will say, you know, no wonder Commissioner Gonzalez -- you know, I didn't appreciate what he was doing at the time, but now I appreciate what he was doing, and I'm ready to do it myself, so with that, I just want to thank you again, and I really appreciate your support and really appreciate your help on running these meetings. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE REGULAR CITY COMMISSION MEETING, CURRENTLY SCHEDULED FOR JULY 12, 2007, TO BE HELD ON JULY 10, 2007. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Vice Chairman Sanchez: Mr. Chairman, before we go into the order of the day, which is the agenda, could I just put on the table a change of date for one of the Commission meetings? As summer vacation comes about, you know, those of us who have children have to work around our schedule to be able to have a family vacation, and I would respectfully request from my colleagues the July meeting, the July 12 meeting, if it's OK with your calendar -- and I want to work with everyone -- could we try to change that to July 19? I think we would have plenty of time to properly advertise that change, so if it's OK with the Commissioners, I would proffer to change the July 12 meeting to the 19th, and then we would have back-to-back meeting the 19th and the 25th, but then we're off in August. City ofMiami Page 182 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: We will have a meeting on the 19th and another Vice Chairman Sanchez: On the 26 -- Chairman Gonzalez: On the 26. 1�J L11Y'f]F� NOTICE rni..obmidal needs m be.Ihe&ied mr. pabk heahng In — d—wM1h hmellne. set forth in the City & Mlami CWe. The appliwd, decision -making body will rewewthe information at the pabec hearing t' renl,, e -menM,, or a final d-W.,. PZ-20-6058 / \\ 09/19/22 /f Vice Chairman Sanchez: -- week to week, which is -- I mean, if it's OK with you, I would make a motion to change that date, but I'd rather give you time to look at your calendar. I mean, I'm not the only one here who may have -- Commissioner Sarnoff: Right. I know that I won't be able to make the 19th. Vice Chairman Sanchez: You won't be able to make the 19th? Commissioner Sarnoff: Not -- I know I have to go out of the country right through the 19th. Vice Chairman Sanchez: All right. Could we do it --? Well, you don't want to do it on the Sth, right after the Fourth ofJuly, that's for sure. Commissioner Spence -Jones: No. Vice Chairman Sanchez: You don't. I mean -- can we --? I mean, it doesn't have to be on a Thursday, our Commission meeting. Commissioner Sarnoff: Right. Vice Chairman Sanchez: Why don't we --? I'll come back in the afternoon. Please proffer the days that you're available, and I'll present it in the afternoon meeting. I'll make a motion to change the meeting, once we agree on a date -- Commissioner Sarnoff: OK Vice Chairman Sanchez: -- and I, once again, want to thank you. Once again, you know, when you have a family, you work around a schedule, and the kids have scheduled a trip, I'm going to be chaperoning a bunch of kids traveling abroad, so it's going to be interesting. Commissioner Sarnoff: Where you're going? Vice Chairman Sanchez: Thank you. Commissioner Sarnoff: Where you're off to? Vice Chairman Sanchez: Later, I'll tell you. Go ahead. [Later...] Vice Chairman Sanchez: Also, before we do that, I think we --I'm sorry. Also, before we recess, I think all the Commissioners have agreed to change the July date from the 12th to the IOth; all the Commissioners are available. We'll be changing it from the 12th -- Chairman Gonzalez: When will be the -- Vice Chairman Sanchez: -- which is a Thursday -- City ofMiami Page 183 Printed on 611112007 City Commission Meeting Minutes Chairman Gonzalez: -- last meeting in June? Vice Chairman Sanchez: -- to attend -- the last meeting in June is the 28th. of time. Chairman Gonzalez: That gives us -- Commissioner Sarnoff: That was with the understanding you're buying lunch. Vice Chairman Sanchez: I'll buy lunch -- Commissioner Sarnoff: OK Vice Chairman Sanchez: -- ifI have to. Chairman Gonzalez: And then we have the 10th and then the 26th, right? Vice Chairman Sanchez: Yes. Chairman Gonzalez: July 26. What a day for the Cuban people. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will rewewthe inlorn ,at the pabec hearing to rend,,e recommendation nn a final d-in., PZ-20-6058 / 09/19/22 /f Vice Chairman Sanchez: All right, so I would make a motion to change the July Commission meeting, which is the regular Commission meeting, from the 12th, which is a Thursday, to a 10th, which is a Tuesday. So move. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff: Second. Chairman Gonzalez: We have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right, and we will be back at 2:30. Adrienne Pardo: Will the PZ (Planning & Zoning) be at 2:30? Chairman Gonzalez: Is that agreed? Pardon me? Ms. Pardo: Is the PZ going to resume at 2:30 or is it --? Chairman Gonzalez: Yes, ma'am, it will. Ms. Pardo: OK Thank you. Chairman Gonzalez: And then we're going to break for a shade meeting, I don't know when; maybe at 3, maybe -- Ms. Pardo: OK Chairman Gonzalez: -- at 3: 30, when -- Ms. Pardo: Great. Chairman Gonzalez: --Commissioner Sanchez -- City ofMiami Page 184 Printed on 611112007 City Commission NA.3 07-00727 District 5- Commissioner Michelle Spence -Jones Meeting Minutes Ms. Pardo: Thank you very much. Chairman Gonzalez: -- come back. Chairman Gonzalez: All right. RESOLUTION 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dm,. pabk heahng In—nd—wM1h hmellnes set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nr a final d-in., PZ-20-6058 / \\ 09/19/22 /f A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THAT FORMER COMMISSIONER ARTHUR EARLE TEELE, JR., HAS BEEN CLEARED OF ALL THE CRIMINAL CHARGES BY REASON OF WHICH HE WAS SUSPENDED FROM OFFICE; URGING GOVERNOR CHARLIE CRIST TO REVOKE THE SUSPENSION AND THEREBY ENABLE HIS WIDOW TO RECOVER BACK PAY AND SUCH OTHER EMOLUMENTS AND ALLOWANCES AS SHE MAY BE ENTITLED TO UNDER THE LAW. 07-00727 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0294 Chairman Gonzalez: All right. Commissioner Spence -Jones -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: --you're recognized. Commissioner Spence -Jones: I'm sorry, Mr. Chairman. First of all, I want to say thank you for allowing me to deal with my items. I was actually supposed to be on the road since 3 o'clock this afternoon, but this -- these items are very important, so that was the reason -- I'm going to wait until it gets quiet in the room. Chairman Gonzalez: All right. Please, we need some silence here so we can proceed with our business. Do you want to read your resolution? Commissioner Spence -Jones: Yes, but I would like for it to be -- I mean, people are just -- it's just entirely too loud. OK. The first thing that I want to address --and I think that you guys should have copies of these --the pocket item, which I'm going to go head [sic] and take real fast, only because I have to get on the road. The first one, as you know, this is a pocket item simply to correct a wrong against the former City of Miami Commissioner Arthur E. Teele, in order for his widow to receive his pension and those benefits he would have been entitled to if he had not been suspended by the Governor. On December 13, 2005, the federal district court granted the United States motion to dismiss the federal indictment against Commissioner Teele, and on April 18, 2007, the Third District Court ofAppeals reversed Commissioner Teele's conviction, and then, just recently, I'm sure you've heard, on May 22, the trial court entered a judgment of acquittal. In light of these developments, I understand that the Governor must rescind the executive order suspending the Commissioner, and this is simply a statement from this Commissioner -- Commission urging the Governor to rescind that executive order. You have a copy of the resolution, and I just wanted to make sure that we had support. I understand - - I've already talked to the City Manager, which has already talked to the City Attorney, and there's no issue. He did serve his time, the seven years. I think it's the -- only the right thing to City ofMiami Page 185 Printed on 611112007 City Commission Meeting Minutes do to make sure that his wife gets their -- his -- Vice Chairman Sanchez: Second. Jorge L. Fernandez (City Attorney): Well, the subject matter of the resolution, deal directly with the issue of the pension. Vice Chairman Sanchez: No. Mr. Fernandez: That may be -- Commissioner Spence -Jones: Yes, I know. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwde decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Mr. Fernandez: -- an outcome of what happens if -- when the Governor, in fact, reinstates or -- Commissioner Spence -Jones: Right. Mr. Fernandez: -- rescinds his suspension, and then, at that point in time, the Administration and us, we're ready to address the issues of the entitlement, to which Commissioner Teele would have had. Commissioner Spence -Jones: OK Well -- Chairman Gonzalez: All right, so you moved the resolution? Commissioner Spence -Jones: I so -- he second it. Vice Chairman Sanchez: Second. Chairman Gonzalez: Is there a second to this resolution? Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Spence -Jones: Thank you so much. NAA 07-00726 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING Commissioner SUPPORT OF THE LETTER SENT TO THE UNITED STATES SENATE Tomas Regalado APPROPRIATIONS COMMITTEE, BY THE MAJORITY OF THE UNITED STATES SENATORS, REJECTING THE ADMINISTRATION'S RECOMMENDED TWENTY PERCENT (20%) CUTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND ASKING FOR AN INCREASE IN THE LEVEL OF FUNDING FROM $3.9 BILLION TO $4.1 BILLION, FOR FISCAL YEAR 2008; DIRECTING THE CITY OF MIAMI'S LOBBYING TEAM TO WORK IN SUPPORT OF THESE REQUESTS; URGING PRESIDENT GEORGE W. BUSH AND THE MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT THE SAME; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE City ofMiami Page 186 Printed on 611112007 City Commission Meeting Minutes OFFICIALS DESIGNATED HEREIN. 07-00726 Legislation.pdf 07-00726 Submittal.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones R-07-0293 1�J L11Y'f]F� NOTICE rni..obn,idal needs m t Ih.&dmr. pabk heeling In—rd—wM1h tlmellne. set forth in the City of Mlami CWe. The appdwde decision -making body will rewew the information at the pabec hearing to rend,, e recommendation or a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: Let's go into -- well, let's wait for the Manager because it may require some action from the City Manager. Commissioner Regalado: Mr. Chairman, I have here a resolution. I think we should pass this. Recently, 61 senators, including the majority leader, Harry Reid, sent a letter to the Budget Committee of the Senate asking that they reject the Administration proposal to cut 20 percent of CDBG (Community Development Block Grant) funding, and that they raise the amount in the -- Chairman Gonzalez: To 4.1 billion, I believe. Commissioner Regalado: -- to 4.1 million. The important thing about 61 senator is that, after you have 60, you cannot avoid a vote, so there will be a vote in the Senate, so my resolution is to direct the City Manager to immediately ask the lobbying team in Washington that the City has to lobby with Senator Martinez, and Nelson, and all the other senators that they have relation in favor of, number one, rejecting the 20 percent cut of the Bush Administration, and number two, to increase working with the House to increase. That will be my motion. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff: I'll second. Chairman Gonzalez: And we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: No "nos. " Commissioner Regalado: The other -- Chairman Gonzalez: Motion carries. NA.5 07-00734 DISCUSSION ITEM Discussion concerning the Commission being briefed on hurricane preparedness. DISCUSSED Direction by Chairman Gonzalez to the City Manager urging him to keep the Commissioners abreast of information relating to hurricane preparedness. Chairman Gonzalez: And now that you speak about hurricanes, are we ready in case we have an emergency? They're talking about 17 -- I believe, 17 storms; ifI remember correctly, nine hurricanes, with five major hurricanes. City ofMiami Page 187 Printed on 611112007 City Commission Meeting Minutes Commissioner Regalado: And no El Nino. Chairman Gonzalez: And no El Nino. Commissioner Sarnoff: No El Nino, right. 1�J L11Y'f]F� NOTICE rni..obnidal needs m t Ih.&dmn. pabk heeling In—nd—wM1h tlmellne. set f,& in the City of Mlani CWe. The appdwdle decision-nahing body will renew the inlorn ,at the pabec hearing to rend,,e nxom da ., nn a final d-in., PZ-20-6058 / \\ 09/19/22 /f Chairman Gonzalez: Are we prepared? Are we --? I believe that -- you know, and I requested this last year, and you know, as in many, many cases, they hear my request, and they say, yeah, yeah, yeah, and then they went outside and laugh about it. I think that we should be brief -- each Commissioner should be brief on how prepare we are and how ready we are. Communications - - and I'm going to insist on that again --is very critical. I remember that the last hurricane that we had, I was out -- Commissioner Regalado: Three -- two days. Chairman Gonzalez: Exactly. Commissioner Regalado: Two days. Chairman Gonzalez: I was totally incommunicated with anybody, City Manager, staff- couldn't communicate with my colleagues to find out if they were alive or --for two days because we had no radios; we had no system; cells were down; hard-line phones were down. Totally incommunicated, and we need to start working on that and getting prepared because let me tell you. Once we have a storm or we have a crisis like that, we need to be out there in the field, each one of us, with the first respondents, you know. People want to see us out there taking care ofproblems and directing, you know, things and getting involved on solving their situations and their problem, so -- Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: --Commissioner Sarnoff. Mr. Hernandez: -- preparations -- I know I'm getting ready. Approaches are going on already. However, you mentioned a very, very good point. In my experience at the County with storms and responding to it, we also had similar problems with communications, and be able to get the elected officials to be able to communicate, to know what's going on, to be abreast of happenings, to be out in the field, and I'll remind staff of those concerns and get back to you individually. Chairman Gonzalez: You want to know how bad it was? I couldn't even get a hold of my sergeant at arms to go home -- to go to my house and pick me up, and then I remember that I had a police radio, and through the police radio, I communicated to the dispatcher, and then had the dispatcher -- and they had to send someone to the sergeant at arms house, knock on his door, and tell him to -- you know, you need to go and pick up the Commissioner. Commissioner Sarnoff: Well, don't we have radios for us? Mr. Hernandez: I believe we do, yes. Commissioner Sarnoff: Right, and wouldn't there be ample sergeant of [sic] arms for each Commissioner? I know we don't usually have -- Mr. Hernandez: There should be, but like anything else, I think it's a question of going over the protocol and actually exercise and understand how to use them also. City ofMiami Page 188 Printed on 611112007 City Commission NA.6 07-00735 Meeting Minutes Chairman Gonzalez: That's why I'm asking -- Commissioner Sarnoff: Right. Chairman Gonzalez: -- if we're ready, and that we should be informed. We shot, meeting and ask questions like that because now is the time to say, you know, get have additional sergeant at arms -- Commissioner Sarnoff: Exactly. Chairman Gonzalez: -- `X" number of sergeant at arms, you know. Commissioner Sarnoff: Everybody's going to need one. Chairman Gonzalez: Exactly, so -- and vehicles and everything. Commissioner Sarnoff: Right. Vice Chairman Sanchez: Mr. -- Chairman Gonzalez: Commissioner Regalado, any other business? DISCUSSION ITEM 1�J L11Y'f]F� NOTICE rni..ebminel needs m t Ihedeied m, a pabk heeling In arc nd—wM1h tlmellnesset iodh in the Cityof Mlaml Cotle. The apphwde tleci.ion-mahing body will rewewthe information at the pabk hearing t. n,nde, a nxommenda ., or a final d-in., PZ-20-6058 / \\ 09/19/22 /f Discussion concerning postage of sign on building located in Allapattah, at 21st Avenue and 21st Street. DISCUSSED Direction by Chairman Gonzalez to the City Manager to contact the Miami Parking Authority in reference to posting signage on the building located in Allapattah, at 21 st Avenue and 21 st Street, stating "Public Parking Facility" and the parking rates. Chairman Gonzalez: Any pocket items? Any other business? Before closing, I just have an issue with --we built a parking structure in Allapattah on 21 st Avenue and 21 st Street. About six or seven months ago, a few merchants called me because they were having problem with parking, and I told them, you have a parking structure that accommodates 350 cars. Well, I didn't know that that was public parking. We thought that that was part of Goodwill Industries building. I said, no. That's public parking. Well, it doesn't have any sign that says it. You're right, it doesn't have a sign, so I have Castaneda call Miami Parking Authority and ask them to have sign place on the building. Well, couple of days ago, I was walking down on 20th Street visiting different businesses and talking to different business owners, and we had the -- I had the complaint that on Mother's Day -- the Mother's Day weekend, a lot ofpeople were complaining that there was no parking. I said, how could it be? We have a parking structure. We have 350 parking spaces. We have all the meters. Well, but the problem is that people believe that that's a private parking for Goodwill because it doesn't have any signs, so what I would like to do is to -- instructions to please contact Miami Parking Authority and ask them to please place a sign on the building, not on the street, three blocks away, signaling, you know, public parking five blocks away -- in the building, signage that says public parking facility, and if they can incorporate the rates, you know, they should also include the rates on the sign because we -- you know, you go by there and the parking structure is empty and people are looking for parking spaces somewhere else. Pedro G. Hernandez (City Manager): And they're losing business, actually. Chairman Gonzalez: They're losing business. You know, it's incredible, so please take care of City ofMiami Page 189 Printed on 611112007 City Commission Meeting Minutes that. All right. Any other business? Well, meeting adjourned. Have a Commissioner Sarnoff: Memorial Day. Chairman Gonzalez: --Memorial Day. NA.7 07-00755 RESOLUTION 1�J L11Y'f]F� NOTICE rni..obmidal needs m Ih.&dm,. pabk heeling In accortlana wM1h tlmellne..et iodh in the Cityof Miami Code. The appU-il, be w.n-making body will rewewthe information at the pabc hearing to n,nde, a nxommenda ., o, a final d-in., PZ-20-6058 / \\ 09/19/22 /f A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING SUPPORT OF THE LETTER SENT TO THE UNITED STATES SENATE APPROPRIATIONS COMMITTEE, BY THE MAJORITY OF THE UNITED STATES SENATORS, REJECTING THE ADMINISTRATION'S RECOMMENDED TWENTY PERCENT (20%) CUTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND ASKING FOR AN INCREASE IN THE LEVEL OF FUNDING FROM $4.1 BILLION TO $8 BILLION, FOR FISCAL YEAR 2009; DIRECTING THE CITY OF MIAMI'S LOBBYING TEAM TO WORK IN SUPPORT OF THESE REQUESTS; URGING PRESIDENT GEORGE W. BUSH AND THE MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT THE SAME; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0297 [Later...] Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: Commissioner Sanchez. Vice Chairman Sanchez: -- ifI could just -- Chairman Gonzalez: Vice Chairman. Vice Chairman Sanchez: -- echo on Commissioner Regalado's pocket item urging Congress to fund the CDBG program at $4.1 million. As you know, we are extremely concerned with these cuts that the federal government is tossing down to local governments, and I just wanted to give you a little quick report as you are aware, you -- as the cochair, along with you, as the Chair, that the Mayor assigned us to Save CDBG Task Force that we put together in 205 [sic], when this program faced the risk of elimination. Chairman Gonzalez: 205 [sic] and 206 [sic]. Vice Chairman Sanchez: Yeah, and 206 [sic]. I just want to put us on the record in support of the resolution that the Mayor has cosigned at the US (United States) Conference of Mayor [sic] and adopted as our own -- and adopt this as our own, or to complement Commissioner Regalado. This is the letter that has been signed by 62 senators, including Senator Nelson and Martinez have signed in support of increasing the CDBG funding to $4.1 million. However, the Conference ofMayor [sic] has adopted this resolution asking Congress to fund the CDBG City ofMiami Page 190 Printed on 611112007 City Commission Meeting Minutes v.0 niav NOTICE mie eohmi"" needs m tx e�heaeiee mf a p�dd� healing program at $4.1 billion [sic] for the fiscal year of'08, and it also calls for in—,d— d,dmelin.°df ah in the City v! Miaml Cobe. The appi,. tk decision -making bfmy will redewthe inlvrmadvn at the pubec hearing to n:nder e doubling of the formula funding to CDBG to at least $8 million in the future, mmend tonvfe final decid,, have a dire need of services. You know, every year when we are faced with tl PZ-20-6058 Commissioners are the first one to say, hey, social service is being hit. These a 09/19/22 need it the most. They're the most needed, and I think that if we could somehow c Commissioner Regalado's resolution, but also send this one up there that basically has signatures of 62 senators, I think it'll be beneficial to all of us in support. I think we all agree on this issue. We may disagree on a lot of issues, but when it comes to the need of our seniors, when it comes to the need of the -- of those that are less fortunate, that can't help themselves, I think we unite ourselves in a unified force to stand for what's fair, what's right, and to provide what we can for those in need, so I would make a motion to complement Commissioner Regalado's -- Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: Thank you. City ofMiami Page 191 Printed on 611112007 C-7 Right of Way ' /N� 0 0.01 0.02 0.03 0.04 Miles South Fm C" Y`Rw Manage sent D' ch, 330'I Gun Club Roa tl, West Palm Bea d,, Fbritla 33406 W B 561-fi86-8800; vv✓vt siwmtl.gov .^� 0 0.02 0.04 0.061GIometers 3 DIS CLAM ER: This map is conceptual or planning tool only. The South Florida Water Managements Distr ict tloes not guarantee or make any representation regarding me information contained herein. hisrn of self-executing or binding, and does not affect the interests of any persons a properties, including any present or future right o use of real property and is exempt from public records disclosure and confidential under Secson 119.071(3)(a)(1), Florida Statute. Map Produced on Date: 4/19/20211: 51: 41 PM Geospatial Services F0 9M RE-22 SOUTH FLORIDA Rev. 8/76 WATER MANAGEMENT DISTRICT NOTICE ' \� PZ-20-6058 09/19/22 Recorded Grantor Description. WM"t Inst. Bate Book -Page Dade County 1179 QCD 8-7-56 4333-397 All right, title & interest in & to Little River Canal, its maintenance & work areas, between w. / 3f Sec. 31-52-41 (Red Rd.) to waters of Biscayne Bay in Sec. 8-53-42, inc. :rights or interest acq. by Deed, Easement, Dedication, Resv., Prescriptive Use or otherwise. iherry Park, Inc., a Fla. Corp. 1208 W.D. 9-24-56 4348-368 V. 37' as reserved for canal maint, in Blk. 3, Sherry Pk. S/D, PB:63-12, Dade Co., being S/D of part )r Tuttle SJD of NW--4 of Sec. 7-53-42. Mui E. Clark, Sr., et als (fee) 1305 F.J. 1-2-57 10-480 3arcel No. 2: Parcel in Lot 19, of S/D of NW4 of Sec. 7, PB B-3, Dade Co. (a/k/a Tuttle SJD) dese. is follows: Comm. at NE cor. of Lt. 13, Flora -Del -Rio, PB 42-38, sd, point being POB, bear S. 2°20' along E. / of sd. Lot 13, 1781, Th., N. 87,31131" E., 20' Th., N 2120123" W., 141.56'; Th. N. 89' 6 '32" E., 45.98', TH. S. 25°39'25" E., 179.79'; Th. S 67°42'29" E., 83.3' m/1 to Pt. of Intersect. r/NW'ly R/W / of Fla. East Coast RR Co., TH, NE'ly along sd, RR R/W / to Pt. of Intersec. w/ S. ,ank of Little River Canal; Th.,NW'ly alg. sd. S. Bank to POB; SUBJECT to that cert. esmt given to .RVDD DB 1219-424, Dade Co., T.E.: Strip 15' wide in Lot 19 (exp). Little River Valley Drainage District 1515 FSD 6/11/58 872-365 ,11 right, title & interest in & to LITTLE RIVER CANAL, its maint. & work areas, bet. w, / (Red Rd.) o the waters of Bisc. Bay in Sec. 8-53-42, inc. rights or interest acq. by deed, esmt. dedication, 'esv., press. use, outstanding tax sales certif. or otherwise; also any other land or property caned by the Little Riv. Valley Dr. District. Scale 1'E'gnals 900' _ Section 7-53-42 s NOTICE seer ox ie Thla aubmibel neetls b be achetluletl for a public hearing S O o MIam CMe TheePPlra kle tlecsontlmakn9 bcdY wlR TwP 53 5., RGE. 4e E e s 0. "" renewihe nfo �- �L at the pubkc hearing to rentler a '� mend mentlahon orafinal Gee son — Y PZ-20-6058 09/19/22 o e Tw v953L5, RGe. 42 E. r O t.+.reee. a�v... �� <�' O • %'Y' �tii C p�.\ \ i '' .. ., , Gwovc to •�� V'i .'. > �' - - ed�/'=*— ruTsat � i I[ ^�» °.T •'" � . T �� • z �_ . ' c� �e— +"ac x v �t a wa pe O o'?a�o` raTa _-o ��—a. .♦ a, � y, yy �—Lr t 99 $ e¢Nr eiaVO^•Md i ��OLW6' 0 eAx.a A. O _ � I 4 Y v.. e 8 PLI ZA . I . .. 0 - - _ TUTT�czsue: -I ��• \� _. =I� CENTRAL �p�SOUTNERN FLORIDA FLOOD CONTROL 1D151RlCT' s a'* CANAL eC-7 _ d - 9. ee—r•cc.h<.- .c., NE 9 I WT^'ST � a �§ r 2t Ow I m I fm I • ;re NOTICE PZ 20 6058 . - 09/19/22 aA follows: i'.odhelr^i>Q<g- at the K.7rthEmr-�= Corner of- Lot i' ij, F�crs-del-ffic, a subdivisioe is the ilea. Lnetiut ! one»gverter (lilt}) of-Seetion_7, 1ba-UP 53 South, j: 5�age 42 zanSiv accord-4mg to the Mat thereof as i �S recorcUd in Plat Boca` 42,: ?W 36, Dade cOMItTs Florida, public records;_ said polar being Mhe Paint ;� ixgi Sag, bear SO%&th 2.20'23• "t along tire- i east line of sii3 Lot 13; a distance of 176 Zeet; ! - awe or less; Treace, north 87.31131" Bast, a dis= tame of 20 feet; Traece, forth 2'20623• hest,. a . distence of 141.56 feet; T>anee, north Wh-3*3r mist, a a+s of 45.98 feet; -ice, South _i 25'39`25' East, a distance of 179-79 feet; �r - - South 6742s.2• Z-t, a difftacce of 83-3 ffir wove cc less, to a point of intersection with the northwesterly right cf".s, aine'or the Florida ..fast Coast iiatlr4 CtMpaej- 2h—, Northeenterly along the avid ltai2.vq right of iny line to a Paiz[t_at intersection vith.the math -book of the Little Elver rowel; Tyr "t-4 along �t the said sou`.h canal beak to the point of beginning. Tire bearing.- 7,1 the above description refer to the stencasd planer coardL-ate systen foie ;t -tire Bast Z7ne of Florida smaN P to that Certain eaemest given to Little Fiver Valley DraineW District, as reeaeded in heed !1 .look 7R19,5P%W 4A, nwie CanL7, Fronds, Public - Pesoel A.. 2-a 4E X strip_ of land 15�feet is ai,dth 3a Lot 19, of the » 2d Wavislon of the Northam Cue-quaiti-er (i*) of 1 " section 7, p 53 -South, Rage h2 Beat, acc=dl- i ibg- to the plot _ ha ecle as sec; S-P'st Book B, NOW 3, Dade Ccaakr FI-4de, Pd"e r-oafs, aoaiy to — as 'Tuttle Sabdiv3sios); lying muMo rly 6 sad sorrtive-A -27 of, parallA , and as assumed at a: right andes to the fa2leasag gemrzI17 at rae� a rim: Coamenettlg at the iiortireaet (iK) per of Lai 13, Irl l-Rio, a suhdtviah is the Morthwest ooee- - qtec,(Y*) of Seet3ou TrTownship 53 Southr now 42 .Omni, a ccos43a to lire Fist Eharaof as reaaraad sa list .look. 421 �- A Bads CumutY, narma, pdat bear 8oaft r2W23' Bast stkarg tie sast lino of sale. Lot 23, a distaspe cf ra feet, Grace or Lees; Teeaoe, North 87` 3i•:;L" Bast, a distabee of 2D feet; Tbsme, ftr 02Wgr itast,, a aistmee of V--56 fast to tie paint at[ begiomiss OMM, II�ti 3`32" "`-s _a ask -me of 45-99 feet; 2hance. _ Sunk 25'39`2'S* RsuL, :a dia- Ce�Ce-oC rn-79 Ytct; _ lLea e, 2''.vJ' Bast, a we of $3 3-feet6 move or less, to a point . of svt sec Vie. vitro tie i�'t -aster,►' rig ct nor liar cc tie r ar3ds vast Coast Aailwea cunrMw sed the and, of the Wmarally adseribed line-. Mee bearings ipt the above description refer to the stanaard p2ana reetmoisLnr Coordinate systea fm tic Bast Zone d rIurjA.., _} f iotuiKt�i i. - _ CM M AW ■ ! RgVfEW GptJ` f � 2. the interest illyCh 1s hereby vested in the prtitic-ar f� in Parcel No. 2 in the fee sintle title, stbjeet to on -easement for ingress and egress over the following described propei''7 luld h is a part of Parcel No. 2, tavlt:- Orme meiag at the Northeast (M) corner of Lot tttk 13, FJ.aws-DQ_Nio, a subdivision In tLe moment --gnerter (MFO of Section T, TOMOMP 53 South Barge 42 Beat, according to the plat thereat as !� recorded in Plat Hook 42, Page 38, Dada County, _ Florida, public records; thence, Soautu"2o20'23" -?_ —� Best clung the Bast line of said Ittt 13 a -distance of 128 feet more or leas to the point of 3- thence South e20'23" Bast a azt= . of 50,fcet None or less; -thence North W31-31" Basta "rs" `= of 20 feet; treace North &20123"- West -a dls 6a u4 of 1 54 feet; thence westerly a distance of 24 feet cache to the point of beginaiig. "M bearings 3 t the ebo description refer- to the i stud plena rectangtaar coordinate ars"for - the But Zone of Florida. 3 Said essemeut is granted for the purpose of affording jI Ingress end egress to and from the Pror'R't7 known as iat ig I j� of :.he Sobdivisim of the Northwest cae-quarter (Ni) o2 Section II i T, 53 Soeth, Range 112 Beat, according to the plat thereof ?i as recorded in Plat Fax* Br Fba'4e 3, of the Psblis HeeaMAe Of Dsde county, Floridan by way of.Northeast Shth Street. The grantees of the easement, their successors and assigns, shall I be pexadtted to bard surface W-4 axes: but shall not: be Permitted Ij to Inn-N -7 Place-cerbs; drains or ditches on said paaIPzrty 2be interest Vlach is berebT:4ested in -the petitioaes in Paxerl_Na_ 2-A is a t!a may aoastruction easeaemt, the ratan. of_Vlz_ch Is on falloms. _ As easement for a terra cf th ij- (3 flour.tise an of_ spoil sad fa. opener - tuft of-meaens ate' .v. during and efter the , creoL setlem emi usanutlem' Of irsasl 9-7 WtUe Big Cbasij_ Befimee e� p1cuttom .of the easement the spo l Material till be re.ewea Srum the propaetp•_ 3 im to be paid b# the patit$amea m a econmtt of tba abo*e interest in the said Parcels No_ 2 and. 2-a, and the pins to Vhmn such coRpensation Is papahle, Including Ifcomocustalor, for atterams' fees and costs, if any, is as r �.--afa7laas: -3- !t Rdd✓�' 11 C710 fJ 5�1 0 6058 09/19/22 ---1I - TeI3 Ilt t , Made tbU- the Llth &V at June A. D., 390, between rriul MM VAUM DUM M D:'.SM=r, ft pUbUc quasi corporation, tamer the E lees of the State d rlorurs W and throu& its Acting-Rwvrvi.snra, Party at f __ �- ltbe Bret Paris and COAL Alm SMTIDN ff"JUA rIQW tom. DISs =, a -- --. .abody corP-mte, cad by sire Acts cc the T_egisietwe at-Fiad&a, 1949, with I ill pe inciPai atPfce at 9M Eversia Street, ant trhoee aailift addreaa " r. O. I Pox 16'a, Vest, PhIm Bra-b, Palm Beach county, State of F"rida, party as the i-second part. ;s VM=W, Central and Sonfibem nm-hla Tlood Contra Utaft- Ct teas cesated tinder asd by viirtue of ampter 2Wj0, Iris of F1,arlds, Acts ct I", to operate and be Oweeaed aecordiag to the prorWpas of r4moter 25M9, Lads _ :Of riarids, Acts of 1949, ( 378, nOrUsAtatutas 1953) and p V�, Section 1 of Chapter 25913, Benaa CC norida, A--ts a[ 1949, 90 41e-enacted bf Sectim is tester 25M, inns at Flarlda, Acts_ at 19M9 ,iY3ded that say dreim8e district or ataer - , S f Poplin �s #sea it tans - i- faa wd- to -be in -the pWa- $_ Satet+e_at and fbr tJ1C blic and llel e,-i—= � reels orized to -W Imads, aseded-to be acquired by ems{ n" I dtstriet crested &®der any Ins enacted b7 the laatsisfinsr at ft$ 1949 seastse, # By clam Decree entered m the , : 9� � at lypril. 2958 is< i the Circrdt Court of the 11th Jbdle:.-e Ciresit at Florida, to and for Dais in 7 lb.,_M5U-S, the Ming Snpervisom of LH^ZSE Sim i i UL= nOMM DQ3 NWr were e"poaered asd directed to class out the I ' 'A :&sad-affiirs of maid emMoretim and to dispose at the assets aC said empor- ;�ttaa as tbe^eia set forth.. Il BITA2-S-SBTIL- A 1 _ )f s�. That the mr4-part7_"' `m- first part, usmiw authority of ma as_ by ssM Fiaai Degree, for MMi to cmnaidevatim oC tie Pahl.% am- Iand. -More emd for pWlie be ent sad for-W probectsom, ar, p mpfttdr i rise boahttsts is -am district, has smsted, - armsinad, Sam, caw {MUNIMPOO m tie C and Southarm Fly lima& Cassava. mastriet„ Its I aeti.asa s— fame+--, wa r-taus, title, tmerest and estate a- Idad, nw-wre, or cLazacter aC the party cc tba- first.ParC-tn ova to tie: f ., s locus as& brim 3a Dsele +sa�Ndr, s A21 rldht, tads=mat #fit is ant to Lm= xvm CM06 j its areas anti& narlt e*+eas, between tie twist Lino it 1 . (F 3LsIs 52 3-U4 Range 41 Imt, a" ft") ins the teeters e or =sawn Bay to sectsm tS, ! 53 ZMAN, Nampa 42 i mant, ft ripua or int""M t actgadre& by Rams Awaso Et, _. w__ Derims ; , ae.�;t± yfee, Setts Certtrizates, cr ottirseisa; also art -,1A Lamed sz p-mextT -T 'j oar ei bf the TAW r Vaiiay Ilan Matrict. 2 VU& AU the teammembit, h=eitbmts as&-alireri'esaaaes, futir-t, estate, , ? ia3ai sad i -_ � _ ibeaveat tieteio bal�e� ar to agt-.ase appertais#ag: i TO BLVE AM TO N= the ame Jj_- fee stale icmever. � --- - e 1 yper*isars ai L1rrLit MM VUAXS MIMM 1352k=asd tW E Cn�e se tiat tba e�aem*Ad-the abc-e asd i 3sstr�--Zt as skit i oV said er Vmltlass_ ad thA tbeY anib" Um**a the o[fteia aeai s ead t., e$;d 1—trmsom 3s_tie act sed dmil cr said aoc- ctriciaal seal at7ly.,.......►. eud7 asd State aewe- ails the !/ 95$. - _— lSf58 �:G -�rp � iltti dM► :aAe.ld F s►t*e+Fta t c :t_"---:.,�.'�'�'�^-`a..+s�"'=_• _: c - — — — PUBS/c61..NOTICE �`r co .may¢ 0.0. `+ .: co *.�.. ny.e p'y� U — b 71," I � N _ g: '. TM� wNF'e'r -tom'-- ..t'-�.a =- -"•- "�` _fie'`. Date: 4/19/2021 Time: 11:01 AM To: FL-001-2021-003701 @ 7994407854369 • . e Fund Page: 003 Request ID: FL-001-2021-003701 4/19/2021 11:00:46 AM DOC DB 1219 424 b f � 'coesc u ¢} 4 E 90 € „x NOTICE - Thla aubmktal neetlsm lx schetluletl brapubGc hearing " aortlana xlm emellnessettonh In the❑rym ' Mleml Cobe.Tlie applleade Oslaon making bedywlll reMew Me lnfonretion at the pub4c M1earing [o rentler a ' - " - recommerAetion orefln'al tlec®on. d PZ-20-6058 42i tAg TH1,9 MlazLn, w%dk ligim this :27th day of Apr , 09/19/22 L. D. 15215, by Fad bGt"W W. ba,¢ 007405 Lnd 11U Y. 00W Vp *.i.5 • wife, peotiss of the first part,l mk ilk' 7i5 S Ssi7a FIM TA= D3AMGZ DISTU , p1 6Y 01 the v#o;;,,A pat, TW65 Y In connideratioI2 oil the p,11-541 &.d sum of One .#011ar {v61.00) cash in, harA to tip ptdd, U'wi tecei.p't v6•reof is hereby es knovlMged, the parties of tiUit Si.fmis,,puaat' do give, Wd grant unto the party of the second part, JVbs moi9;vili ars%ad assigna, the rigit to construct. and maintain a lcsatl, ur v;ulwT-wary, over, upon and moress the following described strip of braid caumd by the pexties of the first part, lying sad being sitimted .Ui Heide Oonaty, Florida, to -wit: &9 a point of raferwzoe 'UaIY,fk the S. W. corner of section 7, ioasship :63 soatu,rargs 42 east; thence Rot.`alczk the Barth) l.ixse of said section 7, a distance of 1915.1 foot, more or less to a point of inters tion. witli-i;ha vest line of the Right 084ur tho Flop -Us lot coaft iimklow, Oo,pwW; thiztae 5buthire ta�rlq. an angle of 90661 wit. iiue vorth li iat of sa% section 7, a distasiaa Ri' 249Q8 f�aa,igli�f cr"'-lase, .to e. point of beginni;sg, $a d..; kit 3i44vo. cxt the East lime of Lot 19�.e of Seetion 7, Tarp 3out%'aaag �Ijfi't .fft, Es "lot "t3srsog beix xGcrhi� �o�ll�sffi °fir �:R%i' - ldfr..feet a a�ratt�al! J,��`•sl'R� � ;�t`�estt`.-. the3kot4l�ltr the IN AFX� i Y erl, e Fund Page: 004 Request ID: FL-001 2021 003701 4/19/2021 11 00:46 AM DOC DB 1219 424 c ' �sbOTICEsm b?echkbu d bra public hearingin emeilnessettonh In she ❑ry mappLlcade -1- making -ywllltion a��M1e pubLC M1ear ng [o rentleraerArtonoraflnaltlec®on-20-6058the Pad oanal, ©rin 611% Mi ina,Qrfere with its free.9/19/22 use Per alIvproperpurpos.es by Other: :Izlvas owning land in the territory krov as ILittle zver Val c�,y. p`.cats;3aae District. perties,6f the first part do further a res tint>the party of the b#pnd ,ga$-Gin C?yes construction of the grid n. N,t', �. �l4i// M�r� s a rey� y Yi. �fP rvni.Ay �r-TO �. jj �cr.rrroL�v .�Hcrc� n N J h A SIJBOl 1610N /N PC M.W,* OFMC7 W Uj 7, TOWN,S'HIP -Aj JAVTN, RA W 42 EAST. MIAMI, LADE Ca#vTV,FLQ4/La4. r easa-.�+� c � Favry ,.yJr r. rasa R fI i 9 - r�p.a/ N..�nrvn' /ar0��rw-a�-•+rnf y rlili. rr 1� ;u m w C�rn NOTICELO h f � 5m� �'Lo �3ae�rd phf Fi u Ll.>r This aubmltlal naetlsm be schetluletl brapubhc hearing inarcoreanre wimemU, e<r tlhl Ih ❑ 0 � a �ac� /✓' -w / �' �i � M°�� M'am —i The a .—t th tic - k t. —d 111 y reNewtl�enfomwtion al lM1e pub4c M1earng [o rentler• 0 � F iGE frs rd. A'orl,5 '.79.� f recommertlaLon orafinal aec®on. I � rne,.xxa w�i PZ-20-6058 O F-' 9,�8 P i >'m rye pf b�nniip, N 09/19/22 1 moo- r,■.m �✓ b I-3 e „.r /2 fnsae H'hereof` A.rr harov faro/v a N. C 9Nnsd i� >`hla �prwwenre of � �} . . co a O I— ,SATE OF FLQ�P/2N .aa.w Cd(JNTy CI OOOPW A: N � { NP OAW .AIM 1 o a e d Errbrr ar - A 0 CamCD o M t ee,.rd o� L: o GouniS�:,, Irv, . �,; ,s ,q -dmkvwff0Fj'- , ,'t m Ka. ' � . • � .. • �a�� of � � � rn * a. NOTICELo �I • �• � -, � � Y I: �• •' ThlsaubmRtal neetlsm beschetluletl brapubGc hearing (] � aoreanrewkfi L, U,eaaMfotlh In IM1e ❑TyM • ., ^ ! •. . j• • � - '�' _ Mami Co]e. Theapplicade ticison-making bodywlll O ewtl�e lnhmwtion al the pub4c M1earing [o rentle.e � .,/ ^ 1 • • � • •� 1eN recommerdadon orafinal tlec®on. � �• • ' • �r %• PZ-20-6058 �t o F" 09/19/22 CD �'. > .MS • o 'C CD CD W �• j y�► •k 7 �; ", Nun j. - -- a �tco• 1i l9A'at? . R•n'• R> K 1 3 w�v CD •. 40 o y As C �, P' !lhh� ■ .f 1l} 1 d+W� t y��i sac. C� • + .{ �I {�112'If'r/vs-lu ��£.i'� !' '• r. w �� ` �wq- i �'::7'. f;. . `, h7 3 f ,ra rr � '.�+'. use. �•! .. ..� ;' !, C.J � Lo Lo VL { +•ti" � a ,. a:�i. sa• • - ._.. ._ --- ��1 � - ie�..i�..'-R•J' '•Z ��.'/IM.+, O w I _ �: dj s,o. J�'c5.. _.s w — : —. tir ll,6Ry � i.'a Ctt i[r . • I 0 tea 1� TN 5j(ip 11 i ; y��..� �_ ` •�f y . '1 i. t.L, '-t " .. -mil " - // • �. co et Lo * • • i• d} ' - • • : ' - • • f • -'n co PDF.j s viewer CFN: 202OGD99618 8001 DATE:021112020 09:58: DEED DOC 14,700.00 SURTAX 11,025.00 HARVE'Y RUVINl, CLERK OF ELgLL- Andrew H. Dianerslein Y.ayv.VIrro of{. rrV M1'1.tiingcr, P.A. 2929 E. Cummerml fflvd,, Suite 100 F-a rt Lauderdale, FL 33308 TO: (954) 771-7601 Filc Numb= 90OD-557 9.s iPi} % Old ilnitelie NAOna l TWO Ynsurance COmpsery 600 W Itillsbm Bled., Ste 450 occrfield Broach. F'Y. 33441 [Space Abc,,v -nk6l ine fror according Data] Warranty Deed 11�J GySY UF,,� NOTICE This submittal neetlsm be scneaulee mr i public hearing �oraan� wim lud,d: act torah m ma ciri m Miami Cotle. The appliwde tlsbk -m i,g t botlyvnll reviewtheinformation althe pubichearing, rentlere nzommentlation or a final tleciaon. PZ-20-6058 / 09/19/22 /f This Warranty deed made this 31st day of January, 2020 betwecn Little River Plaza, LLC, a Florida limited liability company whose list rfliee address il; 13 S Fitzhugh Street Suite 101, Rochester, NY 14614, grantor, a9d Peliican, Harbor Stabird Station, ine, a Florida Corporation whose post office address is 1279 NE 79tb St. Cs *yy, A, 4iami, FL 33138, grantee: (Whenever used hereic the terms "grantor" and "grantee" inclu& all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration o€ the sum of TEN AND NG/100 DOLLARS ($10.00) and ether good and valuable consideaa6ous to said grantoT in haul paid by said grantce, the receipt whereof is hereby acknowledged, bas granted, bargained, and sold to the said g antco, and grantee's heirs and assigns. forever, the fnllov�ring described hand, situate, lying and being in Mismi-Dade, Florida towrit: A portion of LLot 19 of "T UTTLES SUBDIVISION", according to the plat thereof as recordcd i n Flat Soak fi, at Paige 3, of the Public records of Miami -Dade County, Florida, lying Situth of the South line of the Little River and West of the Westerly Ripftt-af Way line of the Florida East Coast Railroad; Right -of -Way, being; more partkularly described as follows: Commence at the Southwest corner of said Lot 19; thence run Ens#, along the South Line of said Lot 19, for a distance of 16100 feet to the Print of 13cginning of pari.T1 of land hereinafter to bo described; thence cnatinuo East, along Said, Sgath line of Lot 19, for a distance of 60.00 feet ton puiot of intersection with the Westerly Rlght- o&Way line of the Florida East Coast Railroad Right -of -Way, said paint being a point on curve bearing S. 84106' 06" E. to the center of said curve, having for its elements a Radius of 1960.08 Feet and a central angle of 100 13' :1411; Thence run Northeasterly along the are of said circular curve, coneavie to the Southeast, (also hems said Westerly right-of-way lint), for an are distance of 657.72 feet to a point of tangency of said circular curve {said point bears N. 64152' 32" W. from the center https://onlineservices.miami-dadeclerk. comlOfficialRecordslpdfj sviewer/weblviewer.html 4/19/2021 PDF.j s viewer GySY Up� \� Awl CFN: 20200099678 BOO , NOTICE Thlaaanmittal neaasm aea�neaaX•e mr a pana� hearing �oraan� wile nmarme: net tonn m ma ciri m Miami Cotle. The appliwde tlsision-maXing hotly will re�ewfhe information al the pub4c hearing fo rentler e recommentlation or a final tleciaon. PZ-20-6058 , of said curve); Thence ru a N. 290 07' 28" E. For a distance of 14 feet, more u ' 09/19/22 the Southerly water's edge of the I-r tde River; Thence rneandermg Northwcste and Westerly, along said Southerly water's edge, for a distance. of 338 beet Wrote or less to a point of intersection with the Easterly line of Trot 13 of "FLORA PEL IZIO", according to the plat thereof as recorded in flat Boak 42, at Page 38, of the Public Records of Miami-D2de Coupty, Florida; Thence run 9- 00' 08' 06" W., along said Ea sterly line of blot 13 and its Southerly extension, for a distance of-172 feet wore or less to the Southeast corner of the bight -of -way of N.E. 84th. Street, as shown on recorded plat of "FLORA DEL RIO", atcturding to the plat thereof as recorded in Plat Book 42, at Page38, of the Public Records ofMiami-Dade County, Florida; Whence rust West, along the Southerly line- of said right-of-way of NX 84th. Street, for .a distance of 20.Q fe-otte a point of intersection w itb the �,terLv l:iglti- of-Way Une of NE. 4th. Avenuc, as sbmwtt on said recorded plat of" FLORA, DEL RIO "; Thence run S. 000 09' 06" ii4'. along said Easterly Right of -Way line of N.E. 4th. Avenue, for a distance of 692,50 feet to the Point of Beglnn ng. Said described parcel of land lying and being siiva" In Miami -Dade County, Flarldn. Parecl Identification Nnmbcr: 01-320742 31b 'together with all the bmements, hereditamcnU and appurtenances thereto belonging or in anywise apPCerLn 1ng,, To Have and to Hold, tho swno in fcc simpie fol-ever. Anal the grater berehy covenants with said grante-a that the grantor is Iawfully seized of said land in fee sample; that the grantor has good right and lawful autbority to sell and convey said land, that tho grantor hereby fully warrants Che slate to said Rand and evil I defezO the, same against tho lawful claims -of all persona ► homsoeverv, and that said land is free of all encurnbmnces, except taxes accraiug subsequent to December 31, 2019. In Wittkem Whereof, grantor has heretmto set granter's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: less #1. ' i ((of A-", ,_ e*GD5 qax0r---r� Little River PlazaZl� LLC ay: Katia 7ralkD anaging Member CFN: 20200099618 BOOK 31815 PAGE 158 https://onlineservices.miami-dadeclerk. comlOfficialRecordslpdfj sviewer/weblviewer.html 4/19/2021 PDF.j s viewer NOTICE This submittal neetlsm be scneaulee mr a public hearing lud,d: mtorahmma cirim Miami Cotle. The appliwde tlsb", h ,I,g t botlyvn. reviewthe information al the puZ hearing to rentler e nzommentlation or a final tleciaon. PZ-20-6058 / 09/19/22 /f State of Florida County 0sDW-W-4— The feraping in9trumcnt was acknowledged before me by means of pixysical pm8cj1cC or Ll onfine irotarizatione this 31 st clay of January, 2020 by Katie Traikos of Little River Plaza, LLC a Florida Limitc d Liability Company who 1_1 is penomally known or Khas producod a driver's iiccnsc a5 i dc n ti fication. ovlli1 [sea]] Ncrtary' ublio SPKY_Pl }�F.IiY kGU1Rk`� Print lamc: i6t 414 [:r-'. •'' Camm tan Go3a3o&9 My ( oynrpiSSion Ex ires,:� �S * £a�lre�lune$,2A23 '�i'aF�a aen;sexro�elAcelh#�r https://onlineservices.miami-dadeclerk. comlOfficialRecordslpdfj sviewer/weblviewer.html 4/19/2021 Archived: Tuesday, March 1, 2022 2:22:12 PM From: Accounting Coordinator Sent: Tue, 1 Mar 2022 14:19:07 To: Carli Koshal: Christopher Bow Subject: Fwd: Payment Confirmation: 2022060001-257 Sensitivity: Normal ---------- Forwarded message --------- From: <iba, n�tcorebt.com> Date: Tue, Mar 1, 2022 at 1:33 PM Subject: Payment Confirmation: 2022060001-257 To: <accounting&Veficanharbor.org> Department of Finance\lineOnline Payments Receipt Your Reference Number: 2022060001-257 03/01/2022 1:30:12 PM Web —user Transactions If you have a Transaction ID, please click here $100.00 2022060001-257-1 Trans ID: 850552 Business Name: COM Lien Search $100.00 Fee Name: CHANGE OF APP/CONTACT/REP INFORMATION Total Amount:$100.00 Payment Mastercard Credit Sale $100.00 Card Number: ************3702 First Name: Christopher Last Name: Boykin 1�J L11Y'f]F� NOTICE rnie needs m to Ihedwed m, a pabk heeling he�o�aan�whn iimehn1 ldfl hmthe City& Mi"I CWe. The apphwhl' decision-mahing bwywill rewewthe inbrmation at the pabc hearing to —dtl , a recommendation or a final eecivon. PZ-20-6058 / \\ 09/19/22 /f NOTICE This su bmittalneads b b scheduled fora public hearing rcord—witted—lm setforth In the Clty of Miami Cotle. The applica LLe decision -making bogy mll rewewthe infomtztion at the public hearingm renders recommendation or a final deciaon. PZ-20-6058 7\\ 09/19/22 A� Mary Diddle Accounting Coordinator Mary Diddle Accounting Coordinator Pelican Harbor Seabird SWHon 1D9 NE .i,Fl. hSt3138 Y Mi.Clinic. 305 751-9840 Annual Report ARTHUR R. BARRINGTON 11 2712 HILOLA STREET MIAMI, FL 33133 786-417-7999 September 16, 2022 Dear Commissioners: NOTICE This submittal needs. be sche&led for pu bk hearing ccordan wA timelines sel forth in the City of Miami Ce The appki da decision -making body.11 rerewzneme t the p,bu, hearing.—dra rec mend... or a fin. I deci . PZ-20-6058 7� 09/19/22 I'm writing to express my support of Pelican Harbor Seabird Station, Inc.'s covenant release, land use and zoning applications (File ID 12195, PZ-20-6053, PZ-20-6058) that will bring to fruition a new native wildlife hospital and education center at 399 NW 82 Terrace on the Little River. Pelican Harbor Seabird Station has served our community for over four decades in which time it has rescued and treated tens of thousands of wildlife patients from every municipality in Miami -Dade County, including the City of Miami. Approval of this project will not only allow Pelican Harbor Seabird Station to expand their services but also provide our children and families with educational and conservation opportunities that will benefit our community as a whole for generations to come. We urge your support for 399 NW 82 Terrace to serve as the new home for Pelican Harbor Seabird Station, Miami -Dade County's only native wildlife hospital, Thank you for your consideration. Sincerely, Arthur R. Barrington II Awl ((131 NOTICE $ARRINGIUN ThlssubmRkzln de b�sehe&� ar,, public ne hg BROTHERS I�a�creancewA t-1—n dlcrtnl'"'C"Y' MI-1 C le. The appli.d. eecicio .king ba y rnll �emewme mr���eo� al me p�bu� nea.m9m re�ee.a recom�e�a�oo� o� � n�al aedao�. PZ-20-6058 09/19/22 fit September 16, 2022 Dear Commissioners: I'm writing to express my support of Pelican Harbor Seabird Station, Inc.'s covenant release, land use and zoning applications (File ID 12195, PZ-20-6053, PZ-20-6058) that will bring to fruition a new native wildlife hospital and education center at 399 NW 82 Terrace on the Little River. Pelican Harbor Seabird Station has served our community for over four decades in which time it has rescued and treated tens of thousands of wildlife patients from every municipality in Miami -Dade County, including the City of Miami. Approval of this project will not only allow Pelican Harbor Seabird Station to expand their services but also provide our children and families with educational and conservation opportunities that will benefit our community as a whole for generations to come. We urge your support for 399 NW 82 Terrace to serve as the new home for Pelican Harbor Seabird Station, Miami -Dade County's only native wildlife hospital. Thank you for your consideration. Sincerely, Kenneth Barrington 73o NE 86T" ST. WAMI, FL 33138 1 KEN @BARRINGTONBROTHERS.COM I 917-405-3291 EXHIBIT C To whom it may concern, Oakland Grove Neibhboi 8279 NE 3" Ct. oaklandgrovemi Phon NOTICE Thls submidat needs in be schedu�d for a pabgn hearing ccord ante wkh t—llnes set forth in the City & ode mi— C. The appliud, decision- making bWy will re'ew the nl -aWn at the pabec hearing to render a recommendation or a final deciaon. PZ-20-6058 71►\ 09/19/22 The Oakland Grove Neighborhood Association is fully supportive of the Pelican Harbor Seabird Station relocating to Oakland Grove at 399 NE 82nd Terrace on the Little River. We enthusiastically support their mission of rescuing injured native wildlife and welcome them making a new home in our community. The education and conservation opportunities provided to our children, families, and community would be very beneficial. We also support and encourage whatever rezoning is needed for this parcel of land to serve as the new home for the Greater Miami Area's only native wildlife hospital. Thank you for your consideration and please feel free to contact us if you require anything further or would like to discuss the future of our community. Sincerely, NoaltK. Youngstrom, Association President Oakland Grove Neighbor NOTICE rni. m tx Ihe&dm,a pbk h.,,,g ita ,dm wh um M.m e<fMh mthe City& Mlaml CWe.Th appliwhtebsisior-mahirgbWywill re�ewthe information at the pubc hearing t, re,d,, e rxammenbatior o, z firzl eecivon. PZ-20-6058 / \\ 09/19/22 /f To Whom It May Concern, May I'm writing to express my support for the Pelican Harbor Seabird Station's (PHSS) application for a $500,000 Cultural Facilities Grant forthe construction of a new 7,800 square foot native wildlife hospital and education center located at 399 NE 82"d Terrace, Miami, FL 33138. PHSS has served as a beacon in the community for more than four decades and has rescued and treated over 36,500 native wildlife patients from every municipality within Miami -Dade County. Having earned transparency and endorsement seals from GreatNonprofits, Guidestar, and Charity Navigator, PHSS is highly regarded and respected within the South Florida community, and will make great use of state funds to benefit the community for decades to come. PHSS's 2.6-acre property is located within an economic improvement zone in the City of Miami along the Little River. There is a tremendous need for this facility as evidenced by the 28% increase in injured native wildlife intakes over the past two years. There is also a significant need for a Cultural Resources Center and living museum within the Oakland Grove and Little Haiti neighborhoods. This facility will enhance the community by offering educational resources, as well as a place of natural beauty and recreation. PHSS has a groundswell of community involvement in this project ranging from partnerships with the Little River Conservancy, the Village of El Portal, the Oakland Grove Neighborhood Association, Miami Waterkeepers, the Biscayne Bay Aquatic Preserves, Miami Dade County Parks Recreation and Open Spaces, Tropical Audubon Society, South Florida Water Management District, and more. Living Museum and Cultural Resources Center - PHSS's newly acquired property encompasses 338' of living shoreline along the Little River where West Indian manatees mate and birth their young. The property was also inhabited by the Native American Tequesta Tribe for thousands of years and contains artifacts dating from 750-950 A.D. This incredibly diverse new facility will serve the community's needs in a number of ways, including a native wildlife hospital, cultural education center, nature park, Tequesta archaeological preserve, and manatee viewing location. I cannot think of a more beloved and respected organization to receive your critical state - designated Cultural Facilities grant. 1-10 ��Y o a�i ��o u.nJc Ostrom Noah Youngstrom President Oakland Grove Neighborhood Association G } o,�neurec�ru�xe , x ��: MIAMI-DADE COUNTY - FLORIDA NOTICE STEPHEN P. CLARK Ill N.W. FIRST STREET, SUITE 220 °`'a�oda�ew dth,�s mh�thu y& MIAMI, FLORIDA 33128 1963 "„e:'a ' o�'a<ane°p,bkh mgt.redda (305) 375-51 28 me aao orn alas iaon. SALLY A. HEYMAN PZ-20-6058 COMMISSIONER 09/19/22 May 27, 2021 To Whom It May Concern, I'm writing to express my support for the Pelican Harbor Seabird Station's (PHSS) application for a $500,000 Cultural Facilities Grant for the construction of a new 7,800 square foot native wildlife hospital and education center located at 399 NE 82nd Terrace, Miami, FL 33138. PHSS has served as a beacon in the community for more than four decades and has rescued and treated over 36,500 native wildlife patients from every municipality within Miami -Dade County. Having earned transparency and endorsement seals from GreatNonprofits, Guidestar, and Charity Navigator, PHSS is highly regarded and respected within the South Florida community, and will make great use of state funds to benefit the community for decades to come. PHSS's 2.6-acre property is located within an economic improvement zone in the City of Miami along the Little River. There is a tremendous need for this facility as evidenced by the 28% increase in injured native wildlife intakes over the past two years. There is also a significant need for a Cultural Resources Center and living museum within the Oakland Grove and Little Haiti neighborhoods. This facility will enhance the community by offering educational resources, as well as a place of natural beauty and recreation. PHSS has a groundswell of community involvement in this project ranging from partnerships with the Little River Conservancy, the Village of El Portal, the Oakland Grove Neighborhood Association, Miami Waterkeepers, the Biscayne Bay Aquatic Preserves, Miami Dade County Parks Recreation and Open Spaces, Tropical Audubon Society, South Florida Water Management District, and more. Living Museum and Cultural Resources Center - PHSS's newly acquired property encompasses 338' of living shoreline along the Little River where West Indian manatees mate and birth their young. The property was also inhabited by the Native American Tequesta Tribe for thousands of years and contains artifacts dating from 750-950 A.D. This incredibly diverse new facility will serve the community's needs in a number of ways, including a native wildlife hospital, cultural education center, nature park, Tequesta archaeological preserve, and manatee viewing location. Thank you for considering Pelican Harbor Seabird Station's (PHSS) application for a $500,000 Cultural Facilities Grant for the construction of a new 7,800 square foot native wildlife hospital and education center. Sincerely Sally . Heyman Commissioner District 4 VILLAGE HALL 500 NE 87TH ST EL PORTAL, FL 33138 CHRISTIA E. ALOU, ESQ. VILLAGE MANAGER May 18, 2021 To Whom It May Concern: �yze or,,L • Awl NOTICE Thls submittal needs to be achedu�d b, a p0k hexhng — wkh emermg set font m the city w mi— Code. The appliud, tlslsion-making bWy will re'ewthe information at the pubec hearing to mode, a rtxommentlation or a final deciaon. PZ-20-6058 MAYOR OMARR 09/19/22 VICE MAYOR ANDE COUNCILPERSON LUIS • COUNCILPERSON ANNA LIGHTFO COUNCILPERSON DARIAN MARTIN I am writing to express my support for the Pelican Harbor Seabird Station's (PHSS) application for a $500,000 Cultural Facilities Grant for the construction of a new 7,800 square foot native wildlife hospital and education center located at 399 NE 82nd Terrace, Miami, FL 33138. PHSS has served as a beacon in the community for more than four decades and has rescued and treated over 36,500 native wildlife patients from every municipality within Miami -Dade County. Having earned transparency and endorsement seals from GreatNonprofits, Guidestar, and Charity Navigator, PHSS is highly regarded and respected within the South Florida community, and will make great use of state funds to benefit the community for decades to come. PHSS's 2.6-acre property is located within an economic improvement zone in the City of Miami along the Little River. There is a tremendous need for this facility as evidenced by the 28% increase in injured native wildlife intakes over the past two years. There is also a significant need for a Cultural Resources Center and living museum within the Oakland Grove and Little Haiti neighborhoods. This facility will enhance the community by offering educational resources, as well as a place of natural beauty and recreation. PHSS has a groundswell of community involvement in this project ranging from partnerships with the Little River Conservancy, the Village of El Portal, the Oakland Grove Neighborhood Association, Miami Waterkeepers, the Biscayne Bay Aquatic Preserves, Miami Dade County Parks Recreation and Open Spaces, Tropical Audubon Society, South Florida Water Management District, and more. Living Museum and Cultural Resources Center - PHSS's newly acquired property encompasses 338' of living shoreline along the Little River where West Indian manatees mate and birth their young. The property was also inhabited by the Native American Tequesta Tribe for thousands of years and contains artifacts dating from 750-950 A.D. This incredibly diverse new facility will serve the community's needs in several ways, including a native wildlife hospital, cultural education center, nature park, Tequesta archaeological preserve, and manatee viewing location. I cannot think of a more beloved and respected organization to receive your critical state -designated Cultural Facilities grant. Sincerely, Omarr C. Nickerson Mayor Village of El Portal VILLAGE HALL 500 NE 87"H ST EL PORTAL, FL 33138 CHRISTIA E. ALOU, ESQ. VILLAGE MANAGER March 21, 2022 To whom it may concern: MAYOR OMAR VICE MAYR A NCIL COUPEORSO COUNCILPERSON ANNA COUNCILPERSON D, NOTICE This submRtal neetls to be sche&u d far a pubic hearing Idanm wgh timelines set forth ir, the City & Miami Cotle. The app-d, de lsion-mahing baby will reWewthe inbrmation at the pu bUc hearing t. reIdel e recomme dtl ., ora final d-in on. PZ-20-6058 / 09/19/22 /f I am fully supportive of the Pelican Harbor Seabird Station relocating to Oakland Grove at 399 NE 82nd Terrace on the Little River as well as their land use and zoning applications. I enthusiastically support their mission of rescuing injured native wildlife and welcome them making a new home in this community. The education and conservation opportunities provided to our children, families, and community would be very beneficial. We also support and encourage whatever rezoning is needed for this parcel of land to serve as the new home for the Greater Miami Area's only native wildlife hospital. Thank you for your consideration and please feel free to contact me if you require anything further or would like to discuss the future of our community. Sincerely, Mayor Omarr Nickerson Village of El Portal NOTICE Thls submittal needs to be achedu�d b, a p0k hexhng — wkh emermg set font m the city w mi— Code. The appliud, tlslsion-making bWy will re'ewthe information at the pubec hearing to mode, a mentlation or a final d-i.on. e PZ-20-6058 71►\ 09/19/22 FOUNDATION May 18, 2021 To Whom It May Concern, It is my pleasure to write this letter in support of the Pelican Harbor Seabird Station's (PHSS) application for a $500,000 Cultural Facilities Grant for the construction of a new 7,800 square foot native wildlife hospital and education center located at 399 NE 82"d Terrace, Miami, FL 33138. PHSS has served as a beacon in the community for more than four decades and has rescued and treated over 36,500 native wildlife patients from every municipality within Miami - Dade County. It is truly an amazing organization and the state will be very proud to have been a part of its growth. Having earned transparency and endorsement seals from GreatNonprofits, Guidestar, and Charity Navigator, PHSS is highly regarded and respected within the South Florida community. I am confident that PHSS will make great use of state funds to benefit the community for decades to come. PHSS's 2.6-acre property is located within an economic improvement zone in the City of Miami along the Little River. There is a tremendous need for this facility as evidenced by the 28% increase in injured native wildlife intakes over the past two years. There is also a significant need for a Cultural Resources Center and living museum within the Oakland Grove and Little Haiti neighborhoods. This facility will enhance the community by offering educational resources, as well as a place of natural beauty and recreation. PHSS has a groundswell of community involvement in this project ranging from partnerships with the Little River Conservancy, the Village of El Portal, the Oakland Grove Neighborhood Association, Miami Waterkeepers, the Biscayne Bay Aquatic Preserves, Miami Dade County Parks Recreation and Open Spaces, Tropical Audubon Society, South Florida Water Management District, many private individuals and more. Living Museum and Cultural Resources Center - PHSS's newly acquired property encompasses 338 feet of living shoreline along the Little River where West Indian manatees mate and birth their young. The property was also inhabited by the Native American Tequesta Tribe for thousands of years and contains artifacts dating from 750-950 A.D. This incredibly diverse new facility will serve the community's needs in a number of ways, including a native wildlife hospital, cultural education center, nature park, Tequesta archaeological preserve, and manatee viewing location. www.zoomiami.org 12400 SW 152 Street - Miami, FL 33177-1499 - Tel: 305.255.5551 - Fax: 305.255,7126 Page 2 NOTICE rniaa�bminal—daa .a h.d�i dmra p0k heahny �orh— w� b-1—aat ronh m tha city m A—i CWe. The appii,d, decision -making bWy will re —ew inh3rmaWnatthepubechear119 to n: d a rxo —dk., or afinal d-i. PZ-20-6058 i cannot think of a more beloved and respected organization to receive your cr 09/19/22 designated Cultural Facilities grant. Sincerely a . St yt ief Development Officer, Zoo Miami Foundation A��'y The Little River Conservancy 140 NE 86th Street I El Portal, FL 33150 1 www.LittLeriverconservancy.org To Whom It May Concern, May 1�J L11Y'f]F� NOTICE mis eobn,`"Mneeds m h.&dtnra pbk healing in rcordanre wM1h t—i n, set forth in the City of .— Cote. The appUud, decision -making body will rewewthe hi nn— at the public hearing to renders mendation or a final decison. � PZ-20-6058 / \\ 09/19/22 /f I'm writing to express my support for the Pelican Harbor Seabird Station's (PHSS) application for a $500,000 Cultural Facilities Grant for the construction of a new 7,800 square foot native wildlife hospital and education center located at 399 NE 82nd Terrace, Miami, FL 33138. PHSS has served as a beacon in the community for more than four decades and has rescued and treated over 36,500 native wildlife patients from every municipality within Miami -Dade County. Having earned transparency and endorsement seals from GreatNonprofits, Guidestar, and Charity Navigator, PHSS is highly regarded and respected within the South Florida community, and will make great use of state funds to benefit the community for decades to come. PHSS's 2.6-acre property is located within an economic improvement zone in the City of Miami along the Little River. There is a tremendous need for this facility as evidenced by the 28% increase in injured native wildlife intakes over the past two years. There is also a significant need for a Cultural Resources Center and living museum within the Oakland Grove and Little Haiti neighborhoods. This facility will enhance the community by offering educational resources, as well as a place of natural beauty and recreation. PHSS has a groundswell of community involvement in this project ranging from partnerships with organizations like ours (The Little River Conservancy), the Village of El Portal, the Oakland Grove Neighborhood Association, Miami Waterkeepers, the Biscayne Bay Aquatic Preserves, Miami Dade County Parks Recreation and Open Spaces, Tropical Audubon Society, South Florida Water Management District, and more. Living Museum and Cultural Resources Center- PHSS's newly acquired property encompasses 338' of living shoreline along the Little River where West Indian manatees mate and birth their young. The property was also inhabited by the Native American Tequesta Tribe for thousands of years and contains artifacts dating from 750-950 A.D. This incredibly diverse new facility will serve the community's needs in a number of ways, including a native wildlife hospital, cultural education center, nature park, Tequesta archaeological preserve, and manatee viewing location. I cannot think of a more beloved and respected organization to receive your critical state - designated Cultural Facilities grant, and speaking for all of PHSS's community partners, your support will be amplified over and over in the impact it will have on both the community and the critically threatened environment of South Florida. Kristen McLean Co -Founder and President The Little River Conservancy The Little River Conservancy is a 100% volunteer -led 501(c)3 non-profit organization. Find out more at www.littleriverconservancy.org. Document classification: NPD Internal Only Organizing, advocacy, and education to support one of Miami's rid 140 NE 86th Street I El Portal, FL 33150 1 littleriverconservancy@gmail.comcom I a 1�J L11Y'f]F� NOTICE rni..ob,nMa[ needs m to s h.&a .e mr. pabk hearing In—nd—wM1h hmellnes set forth in the City of Mlaml CWe. The appdwdle decision- naXing body will rewewthe inbrm ,at the pubk nearing to render recommendation nr a nn.l deddon. kPZ-20-6058 09/19/22 To Whom It May Concern, March 15t", 2022 As another 501(c)3 non-profit with more than 15 years of community -building history on Miami's historic Little River, The Little River Conservancy is fully supportive of the Pelican Harbor Seabird Station relocating to Oakland Grove at 399 NE 82"d Terrace, as well as their land use and zoning applications. Because we work closely with the youth and families in the neighborhoods of Oakland Grove, El Portal, Larchmont, Miami, and unincorporated Miami -Dade, we have a very good sense of the positive impact the re -location Pelican Harbor Seabird Station would have for all of the Little River neighborhoods. We enthusiastically support Pelican Harbor's mission of rescuing injured native wildlife and welcome them making a new home in this community. The Little River provides critically endangered habitat for native wildlife in the urban core —there is no more fitting place for them to relocate. The education and conservation opportunities provided to our children, families, and community by Pelican Harbor Seabird Station would be very beneficial for the entire Little River community and ecosystem at a time when environmental awareness is critical for the future of Miami. We also support and encourage whatever rezoning is needed for this parcel of land to serve as the new home for the Greater Miami Area's only native wildlife hospital. Thank you for your consideration and please feel free to contact me if you require anything further or would like to discuss the future of our community. Sincerely, Kristen McLean Founder and President The Little River Conservancy 617-620-8607 www. little rive rco n se rva n cv. o re Document classification: NPD Internal Only 1�J L11Y'f]F� Archaeological and Historical Conservancy, Inc. NOTICE 4800 S.W 64th Ave Suite 107 Davie FL 33314 TM1,aaerhcm°�rretlaa�n°aonmwdeeM1hmau°Ioher ea �e mee,u aa ° Mm'Thpp"-a°" t9. wy wil 954-792-9776 Fax: 954-792-9954 athe pheint° d e nrM Email: archlgclkbellsouth.net Web: www.flarchaeology.co Pz-20-6058 09/19/22 p n hmlnesfon t h bk h,g e City & To Whom It May Concern, May 27, 2021 I'm writing to express support by AHC for the Pelican Harbor Seabird Station's (PHSS) application for a $500,000 Cultural Facilities Grant for the construction of a new 7,800 square foot native wildlife hospital and education center located at 399 NE 82"d Terrace, Miami, FL 33138. PHSS has served as a beacon in the community for more than four decades and has rescued and treated over 36,500 native wildlife patients from every municipality within Miami -Dade County. Having earned transparency and endorsement seals from GreatNonprofits, Guidestar, and Charity Navigator, PHSS is highly regarded and respected within the South Florida community, and will make great use of state funds to benefit the community for decades to come. PHSS's 2.6-acre property is located within an economic improvement zone in the City of Miami along the Little River. There is a tremendous need for this facility as evidenced by the 28% increase in injured native wildlife intakes over the past two years. There is also a significant need for a Cultural Resources Center and living museum within the Oakland Grove and Little Haiti neighborhoods. This facility will enhance the community by offering educational resources, as well as a place of natural beauty and recreation. PHSS has a groundswell of community involvement in this project ranging from partnerships with the Little River Conservancy, the Village of El Portal, the Oakland Grove Neighborhood Association, Miam Waterkeepers, the Biscayne Bay Aquatic Preserves, Miami Dade County Parks Recreation and Open Spaces, Tropical Audubon Society, South Florida Water Management District, and more. Living Museum and Cultural Resources Center - PHSS's newly acquired property encompasses 338' of living shoreline along the Little River where West Indian manatees mate and birth their young. The property also was inhabited by the Native American Tequesta for thousands of years and contains artifacts dating from 750- 950 A.D. providing an opportunity for education for the community. This diverse new facility will serve the community's needs in a number of ways, including a native wildlife hospital, cultural education center, nature park, Tequesta archaeological preserve, and manatee viewing location. I cannot think of a better organization to receive your critical state -designated Cultural Facilities grant. Sincerely % Robert S Carr Executive Director Archaeological and Historical Conservancy THE ARCHAEOLOGICAL AND HISTORICAL CONSERVANCY, INC. March 10, 2022 Dear Sir or Madam: 1�J L11Y'f]F� NOTICE mi. sebm�nal �eeas m to Iheae�d m, a pabk h.,, ,g h.� d11 wimumeh1esse<mnh mthe City& Mlami CWe. The appdwdl' decision -making bwywill rewewtheinmrmason at the pabec hearing to render® recommendation or a final decison. PZ-20-6058 / \\ 09/19/22 /f The Archaeological and Historical Conservancy wishes to express its full support for the rezoning of the 399 NE 82nd Terrace parcel, and the ultimate use of that property as the Pelican Harbor Seabird Station wildlife rehabilitation center. The property encompasses a well-known prehistoric archaeological site, the Little River Midden (8DA16). The site has been visited by archaeologists several times since its initial discovery in 1958, and has revealed an abundance of archaeological material, dating from AD 900 to 1600, including animal bone, pottery, and shell and bone artifacts. The archaeological site is eligible for listing in the National Register of Historic Places under Criterion D since it has the potential to provide a wealth of information about the prehistory of the Miami area. Its location and proximity to a prominent bend in the Little River made the site significant in its day, likely functioning as a major Tequesta village. The site was impacted to the east by the construction of the FEC railroad in 1896 and to the west by residential development throughout the 20th century, but remains remarkably well-preserved on the parcel. The PHSS proposes to build a wildlife rehabilitation center on the property, and is committed to preserving as much of the archaeological site as possible. This project therefore presents a rare and exciting opportunity to preserve one of the more significant prehistoric sites in Dade County and provides a location for the public to visit and learn about the remarkable prehistory and history of Miami. It is our sincere belief that there is no better use of this parcel than that proposed by the PHSS, and we are grateful for the opportunity to write this letter in support of their project. Sincerely, Robert S. Carr Executive Director 4800 SW 64TH AVE • DAVIE, FLORIDA • 33314 PHONE: 954-792-9776 • FAX: 954-792-9954 WWW.FLORIDA-ARCHAEOLOGY.ORG „trKl�. Florida House of Representa Representative Nicholas X. Duran District 112 District Office: 2100 Coral Way, Ste. 302 Miami, FL 33145 (305) 860-7119 (305) 860-7121 (fax) Nicholas.Duran@niyfloridaliouse.gov March 10, 2022 To whom it may concern, NOTICE IDis s, b-1 needs b be scn IA,@d br a public hearing ' cordance wRh 4melincs set forth in the Clry of Mlami Cptle.The apptl[ade tlecisipn-rnaking body wilt PZ-20-6058 09/19/22 Tallahassee Office: 407 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 (850) 717-5112 I am fully supportive of the Pelican Harbor Seabird Station relocating to Oakland Grove at 399 NE 82"d Terrace on the Little River as well as their land use and zoning applications. I enthusiastically support their mission of rescuing injured native wildlife and welcome them making a new home in this community. The education and conservation opportunities provided to our children, families, and community would be very beneficial. We also support and encourage whatever rezoning is needed for this parcel of land to serve as the new home for the Greater Miami Area's only native wildlife hospital. Thank you for your consideration and please feel free to contact me if you require anything further or would like to discuss the future of our community. Sincerely, State Representative House District 112 *Health & Human Services Committee* -Appropriations Committee *Finance & Facilities Subcommittee *Health Care Appropriations Subcommittee •Joint Legislative Budget Committee `Democratic ranking member Scanned with CamScanner QLTI,-1t rf ffl taMT- * IMA1 InIAiIA # � u � f O 6 �O October 27, 2020 Javier Fernandez, Esq. On behalf of Pelican Harbor Seabird Station, Inc. 1279 NE 79 ST CSWY Miami, Florida 33138 RE: 399 NE 82 TER (PZ-20-6058) 90 DAYS NOTICE Dear Mr. Fernandez: ARTHUR NORIEGA, V City Manager This is a notice of inactivity for rezone application PZ-20-6058 (the "Application") for a requested change in zoning forthe property generally located at 399 NE 82 TER. On April 2, 2020, you submitted applications to amend the Zoning Atlas (PZ-20-6058) and the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP) (PZ- 20-6053) for the property indicated above. Initial feedback on the requested change of zoning was provided through ePlan on July 29, 2020, and a meeting was held between Planning, Zoning, and the project team on August 13, 2020 to discuss comments and next steps. To this date, no substantial information has been received for this Application. In orderto remain active and to proceed to public hearing in a timely manner, a response to staff's comments and the following items are required for both the rezone application (PZ-20-6058) and comp plan amendment (PZ-20-6053): 1. PZD-8: Provide a survey sketch that complies with guidelines for ePlan review, as stipulated by the checklist found on the Planning Department's website: https://www.miamigov.com/Services/Building-Permitting/Planning-Zoning/Request-a- Change-of-Zoning-RezoneFLUMSAPComp-Plan 2. V1 / PZD-8 / PZD-3 Letter of Intent: Clarify any discrepancies between square footage and acreage shown on survey V1, survey sketch PZD-8, and described in Letter of Intent. Pursuant to Article 7, Section 7.1.3.8.d of Miami 21, applications on file for more than six months without activity shall be deemed administratively withdrawn. Should you fail to resolve this inactivity matter by Monday, January 25, 2021, these Applications will be terminated, and you will be required to initiate a new Rezone and Comprehensive Plan Amendment at a future intake date. PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 If the Planning Department may be of further assistance to you, please do not hesitate to contact Elia Sorice, Planner II (esorice(a-miamigov.com, 305.416.1424). Regards, Francisco J. Garcia Director C: Pelican Harbor Seabird Station, Inc. FJG/KB/es EXHIBIT A Legal Description A portion of Lot 19 of "TUTTLES SUBDIVISION," according to the plat thereof as recorded in Plat Book B, at Page 3, of the Public Records of Miami -Dade County, Florida, lying South of South line of the Little River and West of the Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, being more particularly described as follows: Commence at the Southwest corner of Lot 19; thence run East (measured = North 87°32'12" East), along the South Line of said Lot 19, for a distance of 162.00 feet to the Point of Beginning of parcel hereinafter to be described; thence continue East, along said South line of Lot 19, for a distance of 60.00 feet to a point of intersection with the Westerly Right -of -Way line of the Florida East Coast Railroad Right -of -Way, said point being a point on curve bearing S. 84' 06' 06" E (calculated = South 86°33'54" East) to the center of said curve, having for its elements a Radius of 1960.08 feet and a central angle of 19' 13' 34"; Thence run Northeasterly along the arc of said circular curve, concave to the Southeast, (also being said Westerly right-of-way line), for an arc distance of 657.72 feet to a point of tangency of said circular curve (said point of bears N. 64°52'32" W. (calculated North 67°20'20" West) from the center of said curve); Thence run n. 25°07'28" E. (measured = North 22°39'40" East) for a distance of 14 feet, more or less, to the Southerly water's edge of the Little River; thence meandering Northwesterly and Westerly, along said Southerly water's edge, for a distance of 338 feet more or less to a point of intersection with the Easterly line of Lot 13 of "FLORIDA DEL RIO," according to the plat thereof as recorded in Plat Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida; Thence run South 00°08'06" W (measured = South 2°19'42" East), along Easterly line of Lot 13 and its Southerly extension for a distance of 172 feet more or less to the Southeast corner of the right-of-way of N.E. 84th Street as shown on the recorder plat of "FLORIDA DEL RIO," according to the plat thereof as recorded in Plat Book 42, at Page 38, of the Public Records of Miami -Dade County, Florida; Thence run West, along the Southerly line of said right-of-way of N.E. 84th Street, for a distance of 20.00 feet to a point of intersection with the Easterly Right -of -Way line of N.E. 4th Avenue, as shown on said recorded plat of "FLORA DEL RIO,"; Thence run S. 00' 08' 06" W. (measured = measured = South 2°19'42" West) along said Easterly Right -of -Way line of N.E. 4th Avenue, for a distance of 692.50 feet to the Point of Beginning. a docVerify- ; 9CVER\ HB-2 Acknowledgement by Applicant.pdf DocVerify ID: 8EEA8296-9C4D-4766-B58E-880C5F8627CE Created: May 04, 2022 14.30.53 -8.00 Pages: 2 Electronic Notary: Yes / State: FL This document is a DocVerify VeriVaulted protected version of the document named above. It was created by a notary or on the behalf of a notary, and it is also a DocVerify E-Sign document, which means this document was created for the purposes of Electronic Signatures and/or Electronic Notary. Tampered or altered documents can be easily verified and validated with the DocVerify veriCheck system. Go to www.doeverify.com at any time to verify or validate the authenticity and integrity of this or any other DocVerify VeriVaulted document. E-Signature Summary E-Signature Notary: Betty Llerena (BLI) May 04, 2022 14:38:41 -8:00 [7E52801D5FDD] [162.244.152.118] bllerena@brzoninglaw.com DocVerify documents cannot be altered or tampered with in any way once they are protected by the DocVerify VeriVault System. Best viewed with Adobe Reader or Adobe Acrobat. All visible electronic signatures contained in this document are symbolic representations of the persons signature, and not intended to be an accurate depiction of the persons actual signature as defined by various Acts and/or Laws. DocVerify rif 8EEA8296-9C4D-4766-B58E-880C5F8627CE � ,III W 'I II vvww.docverify.com Generated Cover Page 880CSF8627CE F�� DocuSign Envelope ID: B8795FDD-165A-4645-8091-45D7BC33D002 ACKNOWLEDGEMENT BY APPLICANT The Department of Resilience and Public Works, Transportation, Coordinated Review Committee and other City and County agencies review zoning public hearing requests and provide input, which may affect the scheduling and outcome of my hearing. These reviews may require additional hearings before other City and County boards, which may result in the modification of plans, studies and/or the proffering of agreements to be recorded. The submission and acceptance of a request for public hearing means that the application is ready to be scheduled for public hearing. I am also aware that I must comply promptly with any City or County conditions and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be withdrawn. Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. 4. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, as per the Code. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Acknowledgment by Applicant Updated 08.13.2020 Page 1 of 4 Docvereveririffy.com 8EEA8296-9C4D-4766-B58E-880C5F8627CE www.docvPage 1 of 2 1880C5F8627CE ,III 'I II DocuSign Envelope ID: B8795FDD-165A-4645-8091-45D7BC33D002 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. DocuSigned by: --I David Epstein 1 o�HAI 44-7E4-�'N. . Applicant(s) Name Printed Applicant(s) Signature and Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this , 20 by acknowledging), who is personally known to me or who has produced identification. [Notary Seal] (name of person Notary Public Name typed, printed or stamped My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE as The foregoing instrument was acknowledged before me by means ofKI physical presence or ❑ online notarization, this May 4 20 22 by David Epstein (name of officer or agent, title of officer or agent), of Pelican Harbor Seabird Station Inc. (name of corporation acknowledging), a State of Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced [Notary Seal] Betty Llerena Commission # HH 221018 Notary Public - State of Florida My Commission Expires Mar 05, 2026 Acknowledgment by Applicant Updated 08.13.2020 Page 2 of 4 as identification. Notary Public Betty Llerena Name typed, printed or stamped My Commission Expires: March 5, 2026 DocVerify ID: 8EEA8296-9C4D-4766-B58E-880C5F8627CE www.docverify.com Page 2 of 2 2880C5F8627CE ,III W'I II Note: Annual Registration Expires oil 12/31/2022 Instructions: Please complete all sections of this form and submit the completed form, with the applicable fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must type or print "None" or "N/A" in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL, active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (i) 1LobbyistName: a a Ll hues, Melissa (Last Name, First Name, Middle Initial) Are you a principal of the corporation, partnership, trust, etc.? YES NO (you must cheek YES or N0) BusinessPhonc:3 - Ema„.rnt ne brzoninglaw.co Business Address (include Zip Code): Biscayne Boulevard, 3 00 (2) principal Represented: Pelican Harbor Seabird Station Inc. (Name of corporation, partnership, trust, etc., you are representing) 1279 NE 79 Street Causewav Business Address (include Zip Code): Miami, FL 33138 (3) IF 10 CAREFUTAX. If a lobbyist represents a corporation, partnership or trust, the lobbyist muif)disc�p e then nit: and business address of the chief officer, partner or beneficiary of tlae corporation, partnersh-3 or tryst, a lie. names and addresses of all persons holding, directly or indirectly, at least live percent (5"/4 ! nei p in ei st in said corporation, partnership or trust. Attach separate sheet if needed. If this section i'"j5 tt apulk-able..you must type or print "None" or 'IN/A". Floridaof For Profit Corporation NVA�� (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet it' needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2020). Land Use, Zoning, and Permitting Matters for the Property located at 399 NE 82 Terrace Page I of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 11/2023.) (5) Lobbyists shall be required to state the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager or a member of the City staff before whom he/she lobbies or intends to lobby. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/ ll Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Cleric, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Office of the City Clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics & Public Trust ("Ethics Commission"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. 1 do solemnly swear that all of the foregoing facts are true and correct, and I have read or am familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as amended. STATE OF Florida COUNTY OF Miami -Dade ,jg° an e of Lobbyist CD Sworn to (or affirmed) and subscribed before me by means of V physical presence orl:lonline notarization,. is - day of r by Melissa T an LI hu 1 ._ (Month) (Year) (Name of person making stateme�`7 =' r:., -� - igr!ture o. d ary Public Name of Notary Typed, Printe tam ecl `t � p � r— Personally Known: _ OR Produced Identification:°° �, ntvnRr.IrinY?Ir�) jI > ,n RAY GOMMISSICA GG:2-11)110 EVIRES: A0123, 2022 Type of Identification Produced: tndITrn rrur< PunlkuerrysJ FOR OFFICE USE ONLY: Check # Receipt # CM-LRF (Rev. 11/2021) Page 2 of 2 2/11/22, 10:14 AM Detail by Entity Name Deuarti7ienl_of State I Division of Cor�orafions / Search Records / Search.byEntity_N@ne / Detail by Entity Name Florida Not For Profit Corporation PELICAN HARBOR SEABIRD STATION, INC. Filing Inforrnation Document Number 758194 FEI/EIN Number 59-2137331 Date Filed 10/29/1981 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/31/2011 Principal Address 1279 NE 79TH ST. CSWY MIAMI, FL 33138 Changed: 10/31/2011 iNai ing--AA1 Mre*,a 1279 NE 79TH ST. CSWY E MIAMI, FL 33138 ITI Changed: 05/29/2014 g Registered Agent Name &Address Boykin, Christopher'` t 1279 NE 79TH ST, CSWY r- MIAMI, FL 33138 Name Changed: 10/31/2017 Address Changed: 10/31/2017 Officer/Director Detail Name & Address Title Board Member Magill, Marilyn 7401 SW 64th Ct South Miami, FL 33143 search sunbiz.org/Inquiry/Corporation Search/Search Res uItDeta ll?inquirytype=EntityName&directionType=I nitial&searchName0rder=PELICAN HARB3 .. 1 /4 2/11/22, 10:14 AM Detail by Entity Name Title Treasurer, Board Member Steinbook, Darren 150 SE 25th Rd 43F Miami, FL 33129 Title Executive Director Boykin, Christopher 1279 NE 79TH ST. CSWY MIAMI, FL 33138 Title Board Member Glidewell, Robert 7611 Miami View Dr. North Bay Village, FL 33141 Title Board Member Helen, Valentine 7300 SW 65th Avenue South Miami, FL 33143 Title Vice Chair, Board Member McCarthy, Marcus 624 Royal Plaza Drive Ft Lauderdale, FL 33301 Title Chairman, Board Member Epstein, David 17121 Collins Ave. Apt. 2104 Miami Beach, FL 33141 Title Board Member Greenberg, Jacqueline D 11113 Biscayne Blvd #352 Miami, FL 33181 Title Board Memeber Contney , Jaqueline 1449 NE 104th St Miami Shores, FL 33138 r -nrr" r t'a Title Board Member search.su nbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PELICAN HARB... 2/4 2/11/22, 10:14 AM Detail by Entity Name Williams Jr., David 17640 Northwest 18th Avenue Miami Gardens, FL 33056 Title Board Member Chapman, Adrian R 1280 W. Strasburg Road West Chester, PA 19382 Title Board Secretary Chelz, Chloe 5701 Biscayne Boulevard Apt. 501 Miami, FL 33137 Annual Reports Report Year Filed Date 2021 01/04/2021 2021 05/20/2021 2022 01/31/2022 Document Images 01.f31/2022 -- ANNUAL REPORT View image in PDF format Q,5t/Z02-1 _.MENDED ANNUAL REPORT View image in PDF format Q-1/04/922-1 - ANNUAL REPORS View image in PDF format i 041,?9/2020 --.AM-ENDED ANNUAL REPORT View image in PDF format 01%30/2020 --• AMENDEfa ANNUAL REPORT View image in PDF format 01/17/2022 -- ANNUAL F?EPQRT View image in PDF format 9-1=2Q1Q_--,ANRUA-L REPORT View image in PDF format l 02/28/Z018 •- ANNUAL rtLP-I21 View image in PDF format 10/1/20'17 -- AMENIJED„ANNUAL REPORT View image in PDF format 01/1712017 7 ANf�UAL REPORT View image In PDI format 03/Q8/2016 -- ANNUALNEP RI View image in PDF format 01(14/2015 ---AN REPORT` View image in PDF format 0.`i129/2014 -- AMENDED ANNUAL REPORT View image in PDF format { 01/07/2014 -- ANNUAL REPORT _. _- _. View image in PDF format 03/20/20,13 -- ANNUAL F4EPORT __...._...._—_-___..----. View image In PDF format F 91!05/'_01 12 ANjy-llAl_ REPORT View image in PDF formal 10/31/2011 -- REIN TATF_'MEN1 View image in PDF format j Q20-&2010-,ANNUAL RF~_PORT View image in PDF format 10 /13/2QQ _- ANNUALREPORT View image in PDF format 03!24/2008 -- ANNUAL REPORT View image in PDF format i ._.I 01/22/2007 -- ANNUAL_ REPORT View image In PDF format 02/18/2008 -- ANNUAL REPORT View image in PDF forrnat I r , 52 M t t C"D .�" r C i7 e"" ril t f_7 :: search.sunbiz.org/Inquiry/Corporation search/Search ResultDetaiI?inquirytype=EntityName&directionType=1 nitial&searchName0rder=PELI CAN HARE... 3/4 2/11/22. 10:14 AM 04!25LM----6N-U—U6L REPORT DL/ZZ�2,QC�4-7� -ANNUA! �-IRLE9-R-[ 01 /13/2003 --_ANNUAL REPORT Q2/11/200L---ANNUAL REPORT 02/21/2001 --ANNUAL. REPORT 0311-5/2000-- WjUAL,REEORT 93/22/1999 -.: ANNUAL REPQRT QL6 /J99L8--- ANNUAJ- REPORT P8)Q1./J.997 j--ANqU6L —IRFLQB:E 0211.a/1997--UAL AN —REPORT — — 03i26/1996.-, ANNUAL R—EPORT 02/22/1995 -- ANNUAL_ REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View irnage in PDF format View image in PDF format jj View image in PDF format View image in PDF format i View image in PDF format View imago in PDF format View image in PDF format C-) ri r-') search. sun biz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType= Initial&searchNameOrder=PELI(,AN HARB - . - 4/4 a docVerif y(�F -5CVER\l HB-4 Affidavit of Authority to Act.pdf DocVerify ID: FEA4B075-65D8-4679-998C-B4FDB4029687 Created: May 04, 2022 14.30.53 -8.00 Pages: 1 Electronic Notary: Yes / State: FL This document is a DocVerify VeriVaulted protected version of the document named above. It was created by a notary or on the behalf of a notary, and it is also a DocVerify E-Sign document, which means this document was created for the purposes of Electronic Signatures and/or Electronic Notary. Tampered or altered documents can be easily verified and validated with the DocVerify veriCheck system. Go to www.doeverify.com at any time to verify or validate the authenticity and integrity of this or any other DocVerify VeriVaulted document. E-Signature Summary E-Signature Notary: Betty Llerena (BLI) May 04, 2022 14:38:41 -8:00 [BD89A7C44263] [162.244.152.118] bllerena@brzoninglaw.com DocVerify documents cannot be altered or tampered with in any way once they are protected by the DocVerify VeriVault System. Best viewed with Adobe Reader or Adobe Acrobat. All visible electronic signatures contained in this document are symbolic representations of the persons signature, and not intended to be an accurate depiction of the persons actual signature as defined by various Acts and/or Laws. DocVerify rif FEA4B075-65D8-4679-998C-B4FDB4029687 � ,III O.N,I III vvww.docverify.com Generated Cover Page B4FDB4029687 DocuSign Envelope ID: B8795FDD-165A-4645-8091-45D7BC33D002 AFFIDAVIT OF AUTHORITY TO ACT Before me this day, the undersigned personally appeared David Epstein who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, ❑ including or ❑ not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: Further Affiant sayeth not. David Epstein Applicant(s) Name Printed STATE OF FLORIDA -- COUNTY OF MIAMI-DADE L uSigned by: Applicant(s) Signature The foregoing was acknowledged before me this 4 day of May 20 22 , by David Epstein who is a(n) individual/partner/agent/corporation of Pelican Harbor Seabird Station, Inc. a(n) individual/partnership/corporation. He/She is 6 personally known to me or ❑ who has produced as identification and who ❑ did M did not take an oath. (Stamp) M H 221018tateof FloridaExpires Mar 05, 2026 s'9'Signature DocVerify ID: FEA4B075-65D8-4679-998C-B4FDB4029687 www.docverify.com Page 1 of 1 1B4FDB4029687 ,III 'I II docVerify- OCVEIR\l ; HB-5 Disclosue of Agreement to Support or Withhold Objection.pdf DocVerify ID: 3592BA18-76CA-4DFF-B34F-1407D4A67240 Created: May 04, 2022 14.30.53 -8.00 Pages: 3 Electronic Notary: Yes / State: FL This document is a DocVerify VeriVaulted protected version of the document named above. It was created by a notary or on the behalf of a notary, and it is also a DocVerify E-Sign document, which means this document was created for the purposes of Electronic Signatures and/or Electronic Notary. Tampered or altered documents can be easily verified and validated with the DocVerify veriCheck system. Go to www.doeverify.com at any time to verify or validate the authenticity and integrity of this or any other DocVerify VeriVaulted document. E-Signature Summary E-Signature Notary: Betty Llerena (BLI) May 04, 2022 14:38:42 -8:00 [050393135AB0] [162.244.152.118] bllerena@brzoninglaw.com DocVerify documents cannot be altered or tampered with in any way once they are protected by the DocVerify VeriVault System. Best viewed with Adobe Reader or Adobe Acrobat. All visible electronic signatures contained in this document are symbolic representations of the persons signature, and not intended to be an accurate depiction of the persons actual signature as defined by various Acts and/or Laws. DocVerify ID: 3592BA18-76CA-4DFF-B34F-1407D4A67240 � ,III R.M. II www.docverify.com Generated Cover Page 1407D4A67240 FIN DocuSign Envelope ID: B8795FDD-165A-4645-8091-45D7BC33D002 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: David Middle Name: Last Name: Epstein Home Address: Home Address Line 1: 1279 NE 79 Street Cswy Home Address Line 2: City: Miami -Dade State: Florida Zip: 33138 Contact Information: Home Phone Number: 305-374-5300 Cell Phone Number: Fax Number: Email: mtapanes@brzoninglaw.com BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: Pelican Harbor Seabird Station Inc. Address Line 2: Doc. No.:86543 Page 1 of 3 DocVerify ID: 3592BA18-76CA-4DFF-B34F-1407D4A67240 Page 1 of 3 11407D4A67240 ,III M'I II www.docverify.com DocuSign Envelope ID: B8795FDD-165A-4645-8091-45D7BC33D002 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. FLUM and Rezonina Applications Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? No If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 www.docv rif 3592BA18-76CA-4DFF-B34F-1407D4A67240 Page 2 of 3 21407D4A67240 ,III www.docverify.com DocuSign Envelope ID: B8795FDD-165A-4645-8091-45D7BC33D002 CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Signature Sworn to and subscribed before me this 4 day of May , 20 22 The foregoing instrument was acknowledged before me by David Epstei„ who has produced as identification and/or is personally known to me and who did/did rAt take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION EXPIRES: Betty Lierena Commission # HH 221018 Notary Public - State of Florida My Commission Expires Mar 05, 2026 Doc. No.:86543 Page 3 of 3 www.docv rif 3592BA18-76CA-4DFF-B34F-1407D4A67240 Page 3 of 3 31407D4A67240 ,III N 11111 IIII www.docverify.com a docVerify- ; "°CVER\ HB-6 Disclosure of Ownership.pdf DocVerify ID: 46511 F03-DD8A-4AA8-B595-1 FAA062913888 Created: May 04, 2022 14.30.53 -8.00 Pages: 1 Electronic Notary: Yes / State: FL This document is a DocVerify VeriVaulted protected version of the document named above. It was created by a notary or on the behalf of a notary, and it is also a DocVerify E-Sign document, which means this document was created for the purposes of Electronic Signatures and/or Electronic Notary. Tampered or altered documents can be easily verified and validated with the DocVerify veriCheck system. Go to www.doeverify.com at any time to verify or validate the authenticity and integrity of this or any other DocVerify VeriVaulted document. E-Signature Summary E-Signature Notary: Betty Llerena (BLI) May 04, 2022 14:38:43 -8:00 [F96BC32C23F5] [162.244.152.118] bllerena@brzoninglaw.com DocVerify documents cannot be altered or tampered with in any way once they are protected by the DocVerify VeriVault System. Best viewed with Adobe Reader or Adobe Acrobat. All visible electronic signatures contained in this document are symbolic representations of the persons signature, and not intended to be an accurate depiction of the persons actual signature as defined by various Acts and/or Laws. DocVerify ID: 46511F03-DD8A-4AA8-B595-1FAA0629B888 F ,III �— - Kill www.docverify.com Generated Cover Page 1 FAA0629B888 IeE ;;ME DocuSign Envelope ID: B8795FDD-165A-4645-8091-45D7BC33D002 DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal request or petition to the City Commission or any City board with respect to any real property to make full disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) Pelican Harbor Seabird Station Inc. Percentage of Ownership 100% Subject Property Address(es) 399 NE 82 Terrace List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): N/A Legal Description(s): N/A rDocuSigned by:David Epstein/ U1 Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE 0 The foregoing was acknowledged before me this 4 day of May 20 22 by David Epstein N who is a(n) individual/partner/agent/corporation of Pelican Harbor Seabird Station, inc. a(n) individual/partnership/corporation. He/She is EX personally known to me or ❑ who has produced 0 as identification and who ❑ did E29 did not take an oath. 0 o Betty Lierena Commission # HH 221018 a ° ° °°'°' °° Notary Public - State of Florida My Commission Expires Mar 05, 2026 Signature Betty Lierena DocVerify ID: 46511F03-DD8A-4AA8-B595-1FAA0629B888 Page 1 of 1 11FAA0629B888 ,III 'I III www.docverify.com State of Florida Department of State I certify from the records of this office that PELICAN HARBOR SEABIRD STATION, INC. is a corporation organized under the laws of the State of Florida, filed on October 29, 1981. The document number of this corporation is 758194. I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/uniform business report was filed on January 31, 2022, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-ninth day of April, 2022 0�44 Secretary Diet Tracking Number: 3533632205CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication a docVerify- y. (°CVER\_ Certified Company Resolution - Pelican Harbor Seabird Station Inc.pdf DocVerify ID: E232AA5C-3380-47EF-9C8F-1 EAF8C82C01 F Created: February 18, 2022 05.46.04 -8.00 Pages: 1 Electronic Notary: Yes / State: FL This document is a DocVerify VeriVaulted protected version of the document named above. It was created by a notary or on the behalf of a notary, and it is also a DocVerify E-Sign document, which means this document was created for the purposes of Electronic Signatures and/or Electronic Notary. Tampered or altered documents can be easily verified and validated with the DocVerify veriCheck system. Go to www.doeverify.com at any time to verify or validate the authenticity and integrity of this or any other DocVerify VeriVaulted document. E-Signature Summary E-Signature Notary: Diana Ramos (dra) February 18, 2022 05:48:10 -8:00 [70E2945F9774] [162.244.152.118] dramos@brzoninglaw.com DocVerify documents cannot be altered or tampered with in any way once they are protected by the DocVerify VeriVault System. Best viewed with Adobe Reader or Adobe Acrobat. All visible electronic signatures contained in this document are symbolic representations of the persons signature, and not intended to be an accurate depiction of the persons actual signature as defined by various Acts and/or Laws. DocVerify ID: E232AA5C-3380-47EF-9C8F-1EAF8C82C01F F ,III 'I III www.docverify.com Generated Cover Page EAF8C82CO1F DocuSign Envelope ID: 20D5DDDC-5ADE-4F76-8FOE-9C3103985BC4 CERTIFIED CORPORATE RESOLUTION The undersigned hereby certifies that he is the President of PELICAN HARBOR SEABIRD STATION, INC., a Florida not -for -profit corporation (the "Corporation"), that the following is a true and correct copy of the resolution adopted by its members. RESOLVED by the shareholders of this Corporation that the Corporation is the owner of the property located at 399 N.E. 82nd Terrace, Miami, Florida. RESOLVED the Corporation and its shareholders join in the filing of Applications for Future Land Use Map Amendment and Rezoning (the "Applications") with the City of Miami, Miami -Dade County, and Miami -Dade County Public Schools. RESOLVED that David Epstein is the Chairman of the Corporation and is authorized and empowered to execute the applications on behalf of the Corporation. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not been modified or rescinded. PELICAN HARBOR SEABIRD STATION, INC., a Florida not - for profit corporation DocuSigned by: David Epstein, Chairman STATE OF FLORIDA COUNTY OF MIAMI-DADE 02/18/2022 The foregoing was acknowledged before me 18 day of February 2022, by DAVID EPSTEIN, as Chairman of PELICAN HARBOR SEABIRD STATION, INC., a Florida not -for -profit corporation. He is personally known to me or has produced as identification and who did (did not) take an oath. Diana Ramos Commission # GG 308355 Notary Public - State of Florida My Commission Expires Apr 10, 2023 �7 Notary Public — State of Florida Commission No. GG308355 My Commission Expires: , 10 2023 Uinv�aRamos F-1EAF8C82C01F 'III �'I III s�eazozzov,a osea,o_aoo Page 1 of 1 11 EAF8C82C01 F List of Board of Directors Pelican Harbor Seabird Station, Inc. David Epstein, Chairman 17121 Collins Ave, Apt. 2104 Miami Beach, FL 33141 Marcus MacCarthy, Vice Chair 624 Royal Plaza Drive Ft. Lauderdale, FL 33301 Darren Steinbook, Treasurer 150 SE 25 Road, #3F Miami, FL 33129 Chloe Chelz, Secretary 5701 Biscayne Boulevard, Apt. 501 Miami, FI 33137 Christopher Boykin, Executive Director 1279 NE 79 Street Causeway Miami, FL 33138 Marilyn Magill 7401 SW 64 Court South Miami, FL 33143 Helene Valentine 7300 SW 65 Avenue South Miami, FL 33143 Robert Glidewell 7611 Miami View Drive North Bay Village, FL 33141 Jacqueline D. Greeberg 11113 Biscayne Boulevard, #352 Miami, FL 33181 Jaqueline Contney 1449 NE 104 Street Miami Shores, FL 33138 Adrian P. Chapman 1280 Strasburg Road West Chester, PA 19382 David Williams Jr. 17640 Northwest 18 Avenue Miami Gardens, FL 33056 a docVerify- ; °CVER\l HB-13 Affidavit of No Monies Due to the City.pdf DocVerify ID: 3AOCBAE2-3173-427E-912F-B29296F375FE Created: May 04, 2022 14.30.53 -8.00 Pages: 1 Electronic Notary: Yes / State: FL This document is a DocVerify VeriVaulted protected version of the document named above. It was created by a notary or on the behalf of a notary, and it is also a DocVerify E-Sign document, which means this document was created for the purposes of Electronic Signatures and/or Electronic Notary. Tampered or altered documents can be easily verified and validated with the DocVerify veriCheck system. Go to www.doeverify.com at any time to verify or validate the authenticity and integrity of this or any other DocVerify VeriVaulted document. E-Signature Summary E-Signature Notary: Betty Llerena (BLI) May 04, 2022 14:38:43 -8:00 [01 F1A81 B1796] [162.244.152.118] bllerena@brzoninglaw.com DocVerify documents cannot be altered or tampered with in any way once they are protected by the DocVerify VeriVault System. Best viewed with Adobe Reader or Adobe Acrobat. All visible electronic signatures contained in this document are symbolic representations of the persons signature, and not intended to be an accurate depiction of the persons actual signature as defined by various Acts and/or Laws. DocVerify ID: 3AOCBAE2-3173-427E-912F-B29296F375FE Generated Cover PageF—B29296F375FE ,III @, 'I II www.docverify.com "• ��E���F;;;,tititi"��� DocuSign Envelope ID: B8795FDD-165A-4645-8091-45D7BC33D002 (IL Ctiv Of ffliami F � In olii�eene e C O R 1 DISCLOSURE AFFIDAVIT OF NO MONIES DUE TO THE CITY 03-05-2021 In accordance with Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") titled, "New permits prohibited, non- homestead properties", permits shall not be issued for a non -homestead property with any outstanding code enforcement violations, building violations, or any relevant city lien or invoice due and owing to the City. Permits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, or permits for any properties owned by a governmental entity are exempted from this prohibition. Each owner for each address listed as a party to the application needs to sign and submit this disclosure/affidavit. If an omission is the result of City of Miami oversight, then the City will notify the applicant and provide time for the applicant to resolve the issue within ninety (90) days. The project can be terminated by the City of Miami after the 90th day. Note: If you are a lessee on City of Miami -owned property, you must contact the Department of Real Estate and Asset Management to have this form completed by an authorized person. Name (title and name of entity as well, if applicable): Pelican Harbor Seabird Station Inc. Address/ City / state / zip: 399 NE 82 Terrace Phone No: 305-374-5300 Email: mtapanes@brzoninglaw.com 1 David Epstein , hereby certify that all the addresses listed on this application are (please check one of the following): [ ] homestead properties. [x ] non -homestead properties, and that there are no open code enforcement violations, building violations, City liens, or invoices due and owing to the City on any of the addresses listed on this application. I certify that any City of Miami covenants on the properties are in full compliance and no associated monies due to the City. I certify there are no past due rent payments or associated interest due to the City for any of the addresses listed on this application. [ ] non -homestead properties that have open code enforcement violations, building violations, City liens, and/or invoices due and owing to the City. Please explain (required): I understand this application shall be terminated after ninety (90) days should any of the addresses listed on this application be found to not be in compliance with Section 2-208 of the City Code or with any covenant conditions attached to the land. DocuS/g nje�d by: �/ 1 5/4/2022 Signature of the Property Owner Date } State of Florida } County of Miami -Dade Sworn to and subscribed before me by means of physical presence OR X online notarization this 4 day of_ May 20 22 , by David Epstein Personally known () or Produced Identification ( ) Betty Llerena Commission # HH 221018 Notary Public - State of Florida My Commission Expires Mar 05, 2026 Page 1 of 1 ..1 DocVerlfy ID: 3AOGBAE2-3173-427E-912F-B29296F375FE www.docverify.com Page 1 of 1 1B29296F375FE ,IIItl II - rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rcirmiami.com I diana@rdrmiami.com 1 305.498.1614 April 29, 2022 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: Property owners within 500 feet of: 399 NE 82 Terrace. Miami. FL 33138 (Folio: 01-3207-020-0310 Total number of labels: 121 I certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, r_ Signature Diana B. Rio I RDR Miami I Rio Development Resources Name or Company Name 305.498.1614 Telephone diana(a)rdrmiami.com E-mail rdr miami I public hearing notification services certified lisfs of property owners within a specific radius + radius maps + mailing labels + mailoufs + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1 305.498.1614 500' RADIUS MAP N o � G NE 84'CH 5 Z7 m- i� NE 8 ND TER m NE 82NE� TNE'B2Np ST { ICE _ NE 81 ST 399 NE 82 Terrace, Miami, FL 33138 (Folio: 01-3207-020-0310) OWNER'S NAME(S) 1180 NE LLC 301 NE 80 TERR PROP LLC C/O LE GROUPE MANAGEMENT 350 NE 82ND LLC 79 BISCAYNE PLAZA LLC 79 BISCAYNE PLAZA LLC 79 BISCAYNE PLAZA LLC 79 BISCAYNE PLAZA LLC 79 BISCAYNE PLAZA LLC ADAM J SIMON ADELINE GUILLAUME AINSEL E CHARLES &W MARIE V ALEXANDRE ANGLADE MONICA ANGLADE ALEXIA LANDIS ALEXIA VICTORIA FERNANDEZ COLIN BROWN ALLMANAGEMENT COM LLC TRS 8311 MIAMI TRUST ANNE DE VALENCE ANNE S J KAUFMAN RICHARD YOUNGSTROM ARTWIN INVESTMENTS LLC ARTWIN MANAGEMENT LLC 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BLK 8 DESC BEG 31.5FT ELY FROM NW CO OAKLAND GROVE AMD PL PB 14-67 LOT 9 BLK 3 OR 16767-0172 0495 1 OAKLAND GROVE AMD PL PB 14-67 LOT 29 BLK 2 LOT SIZE 50.000 X 126 OR 17357-3438 0996 4 C OAKLAND GROVE AMD PL PB 14-67 LOT 12 BLK 3 LOT SIZE 50.000 X 132 OR 10169-425 0978 1 OAKLAND GROVE AMD PL PB 14-67 LOT 30 BLK 2 LOT SIZE 50.000 X 126 OR 17852-3909 1097 1 C OAKLAND GROVE AMD PL PB 14-67 LOT 25 BLK 2 LOT SIZE 50.000 X 126 OR 15306-3103 1291 1 C OAKLAND GROVE AMD PL PB 14-67 LOT 8 BLK 2 LOT SIZE 50.000 X 126 OR 21292-0901 07 2002 4 7 53 42 0.63 AC TUTTLES SUB PB B-3 W90FT OF N305FT OF E815FT LOT 4 LOT SIZE 90.000 X 301, 7 53 42 OAKLAND GROVE AMN PL PB 14-67 LOTS 9-10-11 BLK 2 LOT SIZE 150.000 X 126 OR 1843 SHERWOOD FOREST PB 14-30 WLY25FT OF LOT 6 & LOT 7 BLK 8 LOT SIZE 75 X 132 COC 24904- SHERWOOD FOREST PB 14-30 LOTS 5 THRU 7 & PT OF 3 & 4 DESC- -BEG SW COR LOT 4 NELYC� 7 53 42 SHERWOOD FOREST PB 14-30 LOT 10 & NELY10FT OF LOT 11 BLK 4 LOT SIZE 60.000 X 1 SHERWOOD FOREST PB 14-30 LOTS 20 & 21 BLK 6 LOT SIZE IRREGULAR 7 53 42 PB 14-67 OAKLAND GROVE AMENDED PLAT LOT 1 BLK 2 LOT SIZE 11565 SQUARE FEET VIRGINIA PARK -SUB PB 10-43 LOT 1 LOT SIZE 54.250 X 220 COC 26031-4494 10 2007 6 VIRGINIA PARK SUB PB 10-43 LOT 34 LOT SIZE 6991 SQUARE FEET OR 11757-1531 0483 1 7 53 42 1.08 AC M/L SHERRY PARK PB 63-12 ALL BLK 3 LESS W37FT FOR CANAL LOT SIZE 4704E 7 53 42 OAKLAND GROVE AMD PL PB 14-67 LOT 4 BLK 3 LOT SIZE 13290 SQUARE FEET OR 1577 OAKLAND GROVE AMD PL PB 14-67 LOT 3 BLK 3 LOT SIZE 12000 SQUARE FEET OR 15126-2390 7 53 42 OAKLAND GROVE AMN PL PB 14-67 LOT 12 BLK 2 LOT SIZE 50.000 X 126 OR 15259-2752 OAKLAND GROVE AMD PL PB 14-67 LOT 24 BLK 2 LOT SIZE 50.000 X 126 OR 14340-1425 1189 1 C OAKLAND GROVE AMD PL PB 14-67 LOT 14 LESS N10FT & N25FT OF LOT 15 BLK 2 LOT SIZE 65.0 FLORA-DEL-RIO PB 42-38 LOT 5 LOT SIZE 68.000 X 112 OR 20521-4060 0702 4 COC 24161-3708 0' SHERWOOD FOREST PB 14-30 E1/2 M/L NON -DEDICATED STRIP LYING E OF LOT 1 BLK 8 & W O VIRGINIA PARK SUB PB 10-43 LOT 10 LESS S6FT LOT SIZE 52.000 X 129 OR 13936-2395 1288 1 7 53 42 OAKLAND GROVE AMD PL PB 14-67 LOT 21 BLK 2 LOT SIZE 6300 SQUARE FEET OR 1692 SHERWOOD FOREST PB 14-30 LOT 8 BLK 6 LOT SIZE 56.190 X 102 OR 18913-2822 12 1999 1 OAKLAND GROVE AMD PL PB 14-67 LOT 23 BLK 2 LOT SIZE 50.000 X 126 OR 12594-2115 0885 1 C 7 53 42 VIRGINIA PARK SUB PB 10-43 LOT 9 & W1/2 LOT 8 LESS S6FT THEREOF FOR 82 ST R/W 1 7 53 42 12.644 AC M/L 20.16FT N 88 DEG E .50FT N 01 DEG W 40.21 FT N 88 DEG E .50FT N 01 DEC SHERWOOD FOREST PB 14-30 LOTS 14 & 15 BLK 6 LOT SIZE 112.000 X 95 OR 13626-561 0388 1 SHERWOOD FOREST PB 14-30 LOTS 8 & 9 BLK 4 LOT SIZE 100.000 X 150 OR 19308-1665 09 2000 7 53 42 SHERWOOD FOREST PB 14-30 ALL LOT 22 & LOT 23 LESS BEG SE COR LOT 23 TH W40F OAKLAND GROVE AMD PL PB 14-67 LOT 2 BLK 2 LOT SIZE 50.000 X 125 OR 10112 2059 0778 1 C( SHERWOOD FOREST PB 14-30 LT 5 LESS BEG SW COR LT 4 WLY2FT N TO NW COR LT 4 SLY T( SHERWOOD FOREST PB 14-30 LOTS 1 THRU 4 & PT OF LOT 5 DESC— BEG NE COR OF LOT 5 TH SHERWOOD FOREST PB 14-30 OR 11915-100 0883 6 LOT 3 & COM AT SE COR OF LOT 1 TH NWL SHERWOOD FOREST PB 14-30 LOTS 18 & 19 BLK 6 LOT SIZE IRREGULAR FLORA—DEL—RIO PB 42-38 LOT 2 LOT SIZE 68.000 X 112 OR 14132-2462 0589 5 OAKLAND GROVE AMD PL PB 14-67 LOT 13 BLK 3 LOT SIZE 50.000 X 132 OR 11915-2051 0983 4 VIRGINIA PARK SUB PB 10-43 LOT 35 LOT SIZE 6990 SQ FT OR 21559-1603 0803 3 COC 24328-07! SHERWOOD FOREST PB 14-30 LOT 13 BLK 6 LOT SIZE 58.790 X 143 COC 24553-1748 08 2005 5 OAKLAND GROVE AMD PL PB 14-67 LOT 10 BLK 3 LOT SIZE 50.000 X 132 OR 18145-2415 0698 3 OAKLAND GROVE AMD PL PB 14-67 LOT 16 & S20FT OF LOT 15 BLK 2 LOT SIZE 75.000 X 126 OR SHERWOOD FOREST PB 14-30 LT 4 & BEG NW COR LT 3 E23FT ALG ARC TO R S ON ANG 127FT OAKLAND GROVE AMD PL PB 14-67 LOT 6 BLK 3 OR 16048-3299 0593 4 OAKLAND GROVE AMD PL PB 14-67 LOT 13 & N10FT LOT 14 BLK 2 LOT SIZE 60.000 X 126 OR 181 VIRGINIA PARK SUB PB 10-43 LOT 6 LESS ESFT & S6FT FOR R/W LOT SIZE 52.160 X 129 OR 169E SHERWOOD FOREST PB 14-30 LOT 8 BLK 7 LOT SIZE IRREGULAR OR 18277-2948 0698 4 COC 2E SHERWOOD FOREST PB 14-30 LOT 7 BLK 6 LOT SIZE 60.960 X 85 OR 9998-1735 0478 1 FLORA—DEL—RIO PB 42-38 LOTS 9 & 10 LOT SIZE 140.000 X 111 OR 12147-2771 0484 1 OAKLAND GROVE AMD PL PB 14-67 LOT 32 BLK 2 LOT SIZE IRREGULAR OR 19045-2387 03 2000 7 53 42 OAKLAND GROVE AMN PL PB 14-67 LOT 3 BLK 2 LOT SIZE 50.330 X 122 OR 20265-2727 0' SHERWOOD FOREST PB 14-30 LOTS 16 & 17 BLK 6 LOT SIZE 9120 SQUARE FEET OR 13932-228le SHERWOOD FOREST PB 14-30 LOT 9 BLK 6 LOT SIZE 8200 SQUARE FEET OR 18656-2584 05 199 7 53 42.73 AC TUTTLES SUB PB B-3 BEG NE COR LOT 21 W214.99FT S148 FT E217.35FT N148.01 7 53 42 VIRGINIA PARK SUB PB 10-43 S16.25FT OF LOT 3 LESS WSFT & LOT 2 LOT SIZE IRREGUI OAKLAND GROVE AMD PL PB 14-67 LOT 26 BLK 2 LOT SIZE 50.00 X 126.00 OR 15607-1500 0792 1 OAKLAND GROVE AMD PL PB 14-67 LOTS 14 & 15 BLK 3 LOT SIZE 100.000 X 132 OR 20750-1644 ' OAKLAND GROVE AMD PL PB 14-67 LOT 11 BLK 3 LOT SIZE 50.000 X 132 OR 14537-190 1289 4 OAKLAND GROVE AMD PL PB 14-67 LOT 8 BLK 3 LOT SIZE 50.000 X 132 OR 16987-3838 1195 1 C( SHERWOOD FOREST PB 14-30 LOT 6 BLK 6 LOT SIZE 50.190 X 82 OR 17154-1104 0496 1 COC 25' VIRGINIA PARK SUB PB 10-43 S1/2 OF LOT 7 & S1/2 OF E1/2 OF LOT 8 LESS S6FT LOT SIZE 78.00 INDIAN MOUND PARK PB 41-10 LOT 1 BLK 1 & N74.5FT OF LOT 19 PER PB 14-67 LOT SIZE 74.5 X SHERWOOD FOREST PB 14-30 LOT 5 & ALL OF LOT 6 LESS WLY25 FT BLK 8 LOT SIZE 75.000 X ' SHERWOOD FOREST PB 14-30 LOT 4 & BEG AT SW COR LOT 4 RUN WLY2FT TH N TO NW COR FLORA—DEL—RIO PB 42-38 LOT 6 LOT SIZE 68.000 X 111 PROB 02-5263 1103 4 SHERWOOD FOREST PB 14-30 LOT 2 BLK 6 LOT SIZE 50.700 X 91 OR 20819-3397 11 2002 4 FLORA—DEL—RIO PB 42-38 LOT 7 LOT SIZE 68.000 X 110 PROB 02-5263 1103 4 FAU 01-3207-021-00 OAKLAND GROVE AMD PL PB 14-67 LOT 7 BLK 3 OR 19723-4899 06 2001 1 COC 22980-2970 01 20 7 53 42.26 AC TUTTLES SUB PB B-3 BEG ON N/L LOT 20 & 120FT W OF R/W X W100FT S113FT E OAKLAND GROVE AMD PL PB 14-67 LOTS 19 & 20 BLK 2 LOT SIZE 100.000 X 126 OR 12168-3875 FLORA DEL RIO PB 42-38 LOT 4 LOT SIZE 68.000 X 112 OR 18663-3314 061999 1 COC 25023 3536 7 53 42 2.63 AC M/L SELY AD 656.79FT N89 DEG W63.96FT TO POB OR 21369-4467 0603 3 COC 2,1 SHERWOOD FOREST PB 14-30 OR 18464-3364 01 1999 4 COC 21756-3306 10 2003 1 LOTS 1 & 2 L 7 53 42 SHERWOOD FOREST PB 14-30 LOT 12 & SWLY40FT LOT 11 BLK 4 LOT SIZE 85.000 X 150 7 53 42.23 AC M/L COC 20990-0540 01 2003 1 F/A/U 3032070200150 TUTTLES SUB PB B-3 BEG 86 FLORA—DEL—RIO PB 42-38 LOT 3 LOT SIZE 68.000 X 112 OR 16447-1092 0794 1 COC 25976-0540 O� SHERWOOD FOREST PB 14-30 LT 1 LESS BEG 10FTE OF SW COR WLY 10FT NW 55.23FT NE30F STACK PLAT PB 92-4 UNDIV 1/2 INT IN LOT 1 LOT SIZE 28.360 X 101 OR 10924-2119 0980 2 VIRGINIA PARK SUB PB 10-43 N1/2 OF LOT 7 & N1/2 OF E1/2 OF LOT 8 LOT SIZE 78.150 X 68 OR' 7 53 42 FLORA-DEL-RIO PB 42-38 LOT 1 LOT SIZE 68.000 X 112 OR 12651-2443 0985 1 COC 23785 STACK PLAT PB 92-4 LOT 2 LOT SIZE 60.000 X 101 OR 20992-4227 01 2003 1 COC 25839-2514 07 11 OAKLAND GROVE AMD PL PB 14-67 LOT 4 BLK 2 LOT SIZE 50.000 X 126 OR 19908-2274 08 2001 4 OAKLAND GROVE SUB PB 5-30 E32.15FT OF LOT 22 & E32.15FT OF LOT 23 & LOT 24 OR 17378-3 OAKLAND GROVE AMD PL PB 14-67 LOTS 17 & 18 BLK 2 LOT SIZE 100.000 X 126 OR 13814-151 OE OAKLAND GROVE AMD PL PB 14-67 LOT 31 BLK 2 LOT SIZE 50.000 X 110 OR 13979-540 0189 1 C( OAKLAND GROVE AMD PL PB 14-67 LOT 5 BLK 3 LOT SIZE 10400 SQ FT OR20327-0232 03 2002 1 7 53 42.91 AC M/L LITTLE RIVER CANAL R/W THRU SEC LOT SIZE 39600 SQUARE FEET SHERWOOD FOREST PB 14-30 LOT 9 BLK 7 LOT SIZE IRREGULAR OR 16752-3807-08 0495 4 OAKLAND GROVE AMD PL PB 14-67 LOTS 1 & 2 BLK 3 LOT SIZE 17475 SQUARE FEET OR 12772-11 7 53 42 VIRGINIA PARK SUB PB 10-43 LOT 38 LESS 82 ST R/W OR 19356-3692/22663-4033 1100 1 OAKLAND GROVE AMD PL PB 14-67 N1/2 LOT 27 & ALL LOT 28 BLK 2 LOT SIZE 75 X 126 OR 1430! OAKLAND GROVE AMD PL PB 14-67 S1/2 OF LOT 27 BLK 2 LOT SIZE 25.00 X 126.00 OR 15968-45� 7 53 42.12 AC M/L F/A/U 3032070200221 TUTTLES SUB PB B-3 BEG 865FTW & 155.26FTN OF SE ( 7 53 42 .10 AC OR 20845-0160 11 2002 2(2) COC 23832-4846 09 2005 4 F/A/U 3032070200171 TUTTI 7 53 42.16 AC TUTTLES SUB PB B-3 BEG X OF N LINE OF LOT 4 & E/L OF RIVER E175FT S43.42F' 7 53 42.24 AC M/L TUTTLES SUB PB B-3 BEG 865FT W & 155.26FTN OF SE COR OF NE1/4 OF N\A 7 53 42 0.12 AC TUTTLES SUB PB B-3 BEG 198.68FT N & 865FT W OF SE COR LOT 4 W125FT TO SHERWOOD FOREST PB 14-30 PARCEL INDICATED AS INDIAN MOUND LOT SIZE 6377 SQUARE I SHERWOOD FOREST PB 14-30 LT 1 LESS BEG NW COR LT 1 S138.2 FT E43.50FT N140FT W31.5F SHERWOOD FOREST PB 14-30 W1/2 OF NON -DEDICATED STRIP LYING E OF LOT 1 BLK 8 & W O FLORA-DEL-RIO PB 42-38 LOTS 11 & 12 LOT SIZE IRREGULAR OR 9710 212 7 53 42 4.39 AC M/L TUTTLES SUB PB B-3 N1/2 LOT 5 LESS E185FT LOT SIZE 191228 SQUARE FE 7 53 42 5.13 AC M/L TUTTLES SUB PB B-3 S1/2 OF LOT 5 LESS E185FT LOT SIZE 223452 SQUARE FLORA-DEL-RIO PB 42-38 LOT 8 LOT SIZE 68.000 X 111 OR 15519-0540 0292 4 7 53 42 OAKLAND GROVE AMD PL PB 14-67 LOT 22 BLK 2 LOT SIZE 50.000 X 126 OR 18157-4053 FLORA-DEL-RIO PB 42-38 LOT 13 LOT SIZE 61.000 X 126 OR 20675-1469 09 2002 4 ' INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 24740 SQUARE FEE ►T 1 W50FT NWLY62.24FT SELY15.60FT SLY16.27FT NELY30FT SELY64.16FT TO POB R LOT 1 S140FT W ALG WATERS EDGE 86.5FT M/L N128.4FT M/L E54.5FT TO POB LOT SIZE If i2.50FT SELY84.48FT NWLY37.93FT TO POB LESS BEG NE COR LOT 5 SWLY56.51 FT NWLY60 'I W 73.69FT N 90 DEG E 7FT N 02 DEG W 374.28FT N 03 DEG W 231.84FT N 02 DEG W 36.38F- SWLY56.51FT NWLY60.58FT E TO POB LESS BEG SW COR LOT 4 NELY92.50FT SELY84.48FT Y53.19FT TO SW COR OF LOT 1 TH SWLY53.19FT TO SW COR OF LOT 2 TH NWLY31.15FT AL ESS COM AT SE COR OF LOT 1 TH NWLY53.19FT TO SW COR OF LOT 1 TH SWLY53.19FT TO NWLY37.93FT TO POB G THE W/L OF LOT 2 Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the following report was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Melissa Tapanes Llahues 200 S Biscayne Blvd Suite 300 Miami FL 33131 City of Miami FCO., FLU Property Search Notice 09/20/2022 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 09/20/2022. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3207-020-0310 Property Address: 399 NE 82 TER Legal Description: 7 53 42 2.63 AC M/L TUTTLES SUB PB B-3 PORT OF LOT 19 DESC BEG 162FTE OF SW COR LOT 19 TH N 00 DEG E 692.45FT S 89 DEG E 20FT N 00 DEG E 164.517T M/L TO S/L OF LITTLE RIVER E56FT S 55 DEG E 28FT S 27 DEG E 85.517T S 32 DEG E 75FT S48 DEG E 83FT M/L S 24 DEG W 18FT SELY AD 656.79FT N89 DEG W63.96FT TO POB OR 21369-4467 0603 3 COC 25046-1642 10 2006 5 Amount Payable On: 09/19/2022 to 10/20/2022 0.00 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami YTY OF F Melissa Tapanes Llahues 200 S Biscayne Blvd Suite 300 Miami FL 33131 09/20/2022 Folio Number: 01-3207-020-0310 Property Address: 399 NE 82 TER Legal Description: 7 53 42 2.63 AC M/L TUTTLES SUB PB B-3 PORT OF LOT 19 DESC BEG 162FTE OF SW COR LOT 19 TH N 00 DEG E 692.45FT S 89 DEG E 20FT N 00 DEG E 164.5FT M/L TO S/L OF LITTLE RIVER E56FT S 55 DEG E 28FT S 27 DEG E 85.5FT S 32 DEG E 75FT S48 DEG E 83FT M/L S 24 DEG W 18FT SELY AD 656.79FT N89 DEG W63.96FT TO POB OR 21369-4467 0603 3 COC 25046-1642 10 20065 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami OF �I FCO., F1�4 Melissa Tapanes Llahues 200 S Biscayne Blvd Suite 300 Miami FL 33131 09/20/2022 Folio Number: 01-3207-020-0310 Property Address: 399 NE 82 TER Legal Description: 7 53 42 2.63 AC M/L TUTTLES SUB PB B-3 PORT OF LOT 19 DESC BEG 162FTE OF SW COR LOT 19 TH N 00 DEG E 692.45FT S 89 DEG E 20FT N 00 DEG E 164.517T M/L TO S/L OF LITTLE RIVER E56FT S 55 DEG E 28FT S 27 DEG E 85.517T S 32 DEG E 75FT S48 DEG E 83FT M/L S 24 DEG W 18FT SELY AD 656.79FT N89 DEG W63.96FT TO POB OR 21369-4467 0603 3 COC 25046-1642 10 20065 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 V OF FCO., f Folio Number: Violations Detail Report 01-3207-020-0310 NO OPEN VIOLATIONS FOUND. Page 5 of 5 City of Miami ...The City of Miami.., Reference Number: 2022269009-66 .eo Gate/Time: 09/26/2022 2:52:23 PM LM Payments 2022269009-66-1 Trans ID: 913826 Business Name: COM Lien Search ZD STATION, INC. ORIGINATOR: Fee Name: PUBLIC HEARING ADVERTISING ORTINIE: Amount: $3 , 000.00 CK AINIT: FEE AX1T: Lien Search ARTMENT Fee Name: PUBLIC HEARING - MEETING MAIL NO TOTAL: 'TICE - NEIGHBORS Amount: $31,267. oo NON-NEGOTIABLE Lien Search Fee Name: PUBLIC HEARING -- MEETING MAIL NO TICE - APPLICANT/APPEALLANT Amount: $27,00 Lien Search Fee Name: PUBLIC HEARING - MEETING MAIL NO TICE - REGISTERED HOAS AND PERSONS Amount: $621,00 Lien Search Fee Name: COMPREHENSIVE PLAN AMENDMENT Amount: $11,650.00 Lien Search Fee Name: REZONING (CS, T3-R, T3-L, T3-0, T4-R, T4-L, T4-0, T5-R, T54, T5-0, T6R, T6-L, CI) Amount: $50,642.50 Total: $69,207.50 1 ITEM TOTAL: $69,207.50 TOTAL: $69,207.50 Paper Money Order Travelers Cashier$69,207 .50 Total Received: $69,207.50 C E 2 0 2 2 2 6 9 0 0 9 - 6 6 Please visit us at www.miamigov.com Cashier's Check 0001 U57MIWI 10:50:31 $69,207.50 $.00 $69,207.50 10307 (2,17) J149567 • s Code — MS-228 PUBLIC HEARING - 2.0000 UNITS $3,000.00 ADVERTISING MS-241 PUBLIC HEARING - MEETING 6.0000 UNITS $27.00 MAIL NOTICE - APPLICANT/APPEALLANT MS-225 PUBLIC HEARING - MEETING 726.0000 NGH X HRGS $3,267.00 MAIL NOTICE - NEIGHBORS MS-226 PUBLIC HEARING - MEETING 138.0000 NGH X HRGS $621.00 MAIL NOTICE - REGISTERED HOAS AND PERSONS MS-203 COMPREHENSIVE PLAN 2.3300 ACRES $11,650.00 AMENDMENT MS-204 REZONING (CS, T3-R, T3-L, 01285.0000 SQ. FT. $50,642.50 T3-0, T4-R, T4-L, T4-0, T5-R, T5-L, T5-0, T6-R, T6-L, CI) Total: $69,207.50 Generated on Sep/23/2022 12:23 PM J