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HomeMy WebLinkAboutCC 2001-04-26 MinutesCommissioner Sanchez: Moving on. At this time we will recess the regular Commission meeting and open up the PZ items. Note for the Record: At this point, the City Commission closes consideration of regular portion of the agenda to consider items from the Planning and Zoning portion of the agenda. Commissioner Sanchez: First item is PZ -1, which I believe the Mayor wanted to be present and also Commissioner Teele wanted to be present. So, we'll go ahead and wait until their arrival. Commissioner Teele is on his way back, I believe, from the MPO (Metropolitan Planning Organization) over at the County. So, we'll go on to PZ Item Number 2, if it's the wish of the Commission? Oh, it's PZ item time certain at three o'clock, so we're going to go on to PZ item, then we'll come back to the regular agenda. PZ item 2. Commissioner Winton: Which one are we on? Commissioner Sanchez: PZ item 2. We could just give the administration an opportunity to set UP. Commissioner Winton: Move PZ -2. Commissioner Regalado: Second. Commissioner Sanchez: Excuse me. Just a minute. OK. Anyone wishing to speak on any of the PZ items, please stand up to be sworn in. Mr. City Clerk, could you swear them in, please? AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Joel E. Maxwell (Assistant City Attorney): Mr. Chairman, on PZ -2, an item is being distributed. Thank you, sir. There is an item being distributed to you now, which represents a modification to the resolution for PZ -2 that was in your packet. We simply ask that this resolution be the item for the record that is before you for consideration. It does not materially differ from the one that was in your packet, but it is the one that should be considered by you today. Commissioner Sanchez: OK. There's a resolution that has been amended. There is a motion by Commissioner Winton to approve. Is there a second? 78 April 26, 2001 Commissioner Regalado: Second. Commissioner Sanchez: There's a second by Commissioner Regalado. Commissioner Regalado: Second by me. Commissioner Sanchez: Open for discussion. Lourdes Slazyk (Assistant Director, Planning and Zoning): This is a request to rescind a Major Use Special Permit. Commissioner Sanchez: Could you state your name for the record, please? Ms. Slazyk: For the record, Lourdes Slazyk, Department of Planning and Zoning. This is a request -- it's a resolution at the permittee 's request to rescind Resolution 01-81 of the City Commission. Passed on January 25`", 2001 for Phase 1 of the One Miami Project. It does not rescind the development program that was approved by Commission Resolution 98-151. It just rescinds phase one, which was approved by Resolution 01-81. Commissioner Sanchez: OK. Anyone in opposition or for, would you like to say anything? Lucia Dougherty: I don't need to. Commissioner Sanchez: OK. I know you don't. OK. There is a motion to rescind, is that correct, and a second. Open for discussion. Hearing none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: All anyone opposes, having the same right, say nay. Passes unanimously. Ms. Dougherty: Thank you. Commissioner Sanchez: You're welcome. 79 April 26, 2001 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-350 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENTS, RESCINDING IN ITS ENTIRETY, AT THE PERMITTEE'S REQUEST, RESOLUTION NO. 01-81, ADOPTED JANUARY 25, 2001, WHICH APPROVED A MAJOR USE SPECIAL PERMIT FOR THE "ONE MIAMI — PHASE I PROJECT", TO BE LOCATED AT APPROXIMATELY 205 SOUTH BISCAYNE BOULEVARD, AS A SUBSTANTIAL MODIFICATION TO THE MAJOR USE SPECIAL PERMIT APPROVED BY RESOLUTION NO. 98-1151 FOR THE ENTIRE ONE MIAMI DEVELOPMENT PROGRAM; FURTHER RESCINDING ALL RIGHTS GRANTED UNDER RESOLUTION 01-81; AND THEREBY REVERTING TO THE DEVELOPMENT APPROVAL STATUS IN PLACE PRIOR TO THE APPROVAL OF RESOLUTION NO. 01-81; ACCEPTING A HOLD HARMLESS AGREEMENT, IN FAVOR OF THE CITY OF MIAMI; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; AND PROVIDING FOR BINDING EFFECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. 80 April 26, 2001 Commissioner Sanchez: Moving on to PZ -3, PZ -3, Mr. City Attorney. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -3 is a request to approve a substantial modification to Major Use Special Permit for Espirito Santo project. Located at approximately 1395 Brickell Avenue. This is in order to eliminate approximately 171, 848 square feet of office use, to be replaced with 203 hotel rooms. The overall effect of this is a reduction in the project in the traffic impact. I need to make two quick corrections for the record. This did affect the parking counts, so it will not be 1,028 parking spaces, but rather 956, and that should be corrected for the record, and also to clarify on Page 3 of the legislation, that this adds the customary accessory hotel uses, such as hotel lobby, restaurant, ball room and the other hotel spaces, common hotel spaces. With those changes, we recommend approval. The conversion from office to hotel is something that will benefit the downtown district. It's the inclusion of more hotel rooms in downtown that will make Miami more attractive for conferences and conventions and things. So, we think this is a positive change, and there's the rendering of the buildings. Commissioner Winton: And brings more jobs. Ms. Slazyk: Yes. Commissioner Sanchez: Is there any one in opposition? Hearing none... Commissioner Regalado: Can you make it thinner and taller? Commissioner Sanchez: Applicant? Ms. Lucia Dougherty: It's very thin and very tall. Commissioner Sanchez: Is that it? Ms. Dougherty: That's it. Commissioner Winton: See, at least somebody listens. Commissioner Sanchez: Somebody listens. Ms. Slazyk: There is one... Commissioner Winton: So moved. Ms. Slazyk: There is one additional condition. I'm not sure if this one had it specifically, that 81 April 26, 2001 we get a decorative construction fence. Back at the time this was approved, we weren't making that a standard condition. We want to make sure that while it is under construction, there is an attractive fence for the construction period. Commissioner Sanchez: There is a motion to approve, with conditions, by Commissioner Winton. Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: Second by Commissioner Regalado. It's open for discussion. Commissioner Regalado. Commissioner Regalado: Yes. Commissioner Regalado: There was a fence and there was an art exhibition that they did, I think, several weeks ago. Ms. Dougherty: That was ours, yes. Commissioner Regalado: And that was very beautiful. I saw it. Ms. Slazyk: We want to continue that. Ms. Dougherty: We have no objection to that. Lucia Dougherty, with offices at 12121 Brickell. Here today with Bill Ross and also Jack Plunket, who are the principals and the consultants, and we have no objection to that condition. Commissioner Regalado: No. I mean, I just want to congratulate you because before we asked, you did it. Ms. Dougherty: Correct. Commissioner Regalado: OK. Commissioner Winton: So, I'm moving approval of staffs recommendation, with amendments. Commissioner Regalado: I'm seconding. Commissioner Sanchez: OK. There's a motion to second. All in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: Anyone against, having the same right, say "nay." Passes unanimously. 82 April 26, 2001 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-351 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. I1000,WITH ATTACHMENTS, APPROVING CONDITIONS, A MODIFICATION TO THE MAJOR USE SPECIAL PERMIT FOR THE ESPIRITO SANTO PLAZA PROJECT, TO BE LOCATED AT APPROXIMATELY 1395 BRICKELL AVENUE, MIAMI, FLORIDA; APPROVED BY THE CITY COMMISSION ON JUNE 2, 1999, PURSUANT TO RESOLUTION NO. 99-467, TO MODIFY SAID DEVELOPMENT ORDER BY DECREASING THE AMOUNT OF OFFICE SQUARE FOOTAGE BY APPROXIAMATELY 171,848, REDUCING THE NUMBER OF RESIDENTIAL UNITS FROM 144 RESIDENTIAL UNITS TO 119 RESIDENTIAL UNITS (A DECREASE OF 25 UNITS), AND ADDING 203 HOTEL ROOMS, RETAINING ACCESSORY RETAIL AND RECREATIONAL SPACE AND APPORXIMATELY 996 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort 83 April 26, 2001 20. TABLE: CONSWERATION OF APPROVING, MAJOR USE SPECIAL PERMIT FOR CHILDREN'S MUSEUM PROJECT. Commissioner Sanchez: PZ item 4 is a Major Use Special Permit for the Children's Museum project. Commissioner Regalado: I think we should wait for a full board. I mean, we need -- is Willy coming back and Commissioner Teele? I think this is so important thing, we should just... Commissioner Sanchez: All right. As Chairman, we'll go ahead and pass this one until we have a full Commission board. 84 April 26, 2001 21. APPROVE OFFICIAL VACATION AND CLOSURE OF PORTION OF ALLEY BETWEEN BRICKEL.L AVENUE AND SE 1 ST AVENUE BETWEEN SE 10TH STREET AND SE 13TH STREET (Appllcant(s): 1060 'Brickell Partners, LLC, Contract Purchaser, Horacio Toro, Owner and Republic of Santo Domingo, Owner), Commissioner Sanchez: Moving on to PZ -5. It's a resolution official vacation enclosure of a portion of an alley. City? Public Works? State your name for the record. Mr. John Jackson (Acting Director, Public Works): John Jackson, Director of Public Works. We've got all the they've met all the provisions of the subdivision for this closure. Commissioner Sanchez: And this was recommended by the Zoning Board, 6-2. Anyone in opposition? Hearing none, Commissioners. Commissioner Winton: I will move for discussion purposes because I have some questions. Commissioner Sanchez: There is a motion by Commissioner Winton. We need a second for the purpose of discussion. Commissioner Regalado: Second. Commissioner Sanchez: Second by Regalado. Open for discussion. Commissioner Winton, you have the floor. Commissioner Winton: The question I have is, I want to try to understand why we would do this before we see what the project is, and what it's impact will be on neighborhood. As an example, when we were dealing with this same issue down by 15th Road, were we had to close an alleyway -- I forget who the developer was, but there were going to be three major towers right there on the corner of 15th Road and Brickell, which was going to be a big mess. Well, if we didn't close the alley, they couldn't build the project that way. And, so, there was a substantial modification to the entire project, which I think benefited both the developer and the community immensely and I think everybody moved along happily. I don't know what this project is, so I don't know if we're going to get ourselves into the same -- we're going to give up a tool that we have to -- and we're going to give this tool up without knowing what we're giving it up for, and, so, I'm nervous about giving it up at this stage without knowing what the project is and what it's impact may be on the neighborhood. So ... Lourdes Slazyk (Assistant Director, Planning and Zoning): The project -- this was -- this project was approved by the Commission. This was a major use special permit for 1060 Brickell. Commissioner Winton: Oh, OK. I remember that now. I remember. Thank you. Thank you. Commissioner Sanchez: There is a motion and a second. Still open for discussion. Hearing none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 85 April 26, 2001 Commissioner Sanchez: Anyone opposing, having same rights, say "nay." Passes unanimously. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-352 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY PARALLEL AND BETWEEN BRICKELL AVENUE AND SOUTHEAST IST AVENUE, BETWEEN SOUTHEAST 10TH STREET AND SOUTHEAST 13TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Ms. Dougherty: Thank you. 86 April 26, 2001 Commissioner Sanchez: OK. Commissioner Willy Gort has stated that PZ -10 -- please remind me -- he wants to be here for it. Moving on to PZ -6. It is an official vacation closure of streets in san alley also. It has been recommended by the Zoning Board, 9-0 and it -- other than that, has no other approval. Mr. Public Works. Commissioner Regalado: I have a question. Commissioner Sanchez: Commissioner Regalado, you have the floor. Commissioner Regalado: Why is the County applying for -- is this County property? John Jackson (Acting Director, Public Works): Yes, it is, Commissioner. It is. Commissioner Regalado: Which is where? Mr. Jackson: It is a portion of the Douglas Station project. Commissioner Regalado: That's the Metrorail? Mr. Jackson: Pardon? Commissioner Regalado: That's the Metrorail? Mr. Jackson: Yes, by the Metrorail. The new high-rise for the County water department. Commissioner Winton: Well, it seems to me that we have complained -- every time a project has come before us, it's been at one of these Metrorail sites within the City of Miami. We've had a complaint about what the project was doing and we had zero control over forcing any changes to the project because we gave away all of those rights a long time ago when Metrorail was built. Well, they're asking for something different in this particular instance, it seems to me, and, so, I don't think we should give up anything here unless we're satisfied with the project, its design characteristics, you know, ingress and egress, all of those kind of things that are important to our City and our neighborhoods. So, I don't know if we've reviewed all of that and are satisfied or not. 87 April 26, 2001 Ms. Slazyk: Yes, we did. Again, this -- the Douglas SADD (Station Area Design and Development) project, which was the WASA (Water and Sewage Authority), administrative offices for WASA. We actually found this one to be appropriate for this site because it's going to have employees; public usership and they're right at a Metrorail station. So, this one we recommended approval and the City Commission did adopt... Commissioner Winton: Well, I remember adopting, but I didn't know this was going to come back before us because when we adopted, again, the statement was we had zero real rights, you know, they get to do what they want to do. So, it just kind of sails through. It turns out now we have some rights here. So, if I'm simply saying, if there is design characteristics that aren't in keeping with what we're trying to create in our neighborhoods, now is the time to get it done before we pass this, not -- this is our last chance to get that kind of stuff done. We don't get another bite at this apple. Ms. Slazyk: Yeah, we'll look at the planning. And if I recall correctly -- because I didn't bring it with me -- the only condition that we recommended above and beyond -- we were OK with the building, the design, the orientation. There was landscape issues. The County wasn't complying with the City's landscape requirements for having landscape islands every "X" amount of spaces. You know in order to keep the surface parking shaded and that sort of thing. That was the only condition that we recommended on this project when it first came through. Commissioner Sanchez: Any other questions? Commissioner Winton: And then did we get that? Ms. Slazyk: They don't come to us for permits, so I don't know if it's going to end up being more landscaped. Commissioner Winton: Well, then, it seems to me that we ought to pass this on the condition that we're not -- or defer it until -- we've got two choices. We could defer this thing and get them to the table and get them to sign off on something before hand or we pass it conditionally, and I don't know which of those two gives us the most power, Mr. Attorney. Joel E. Maxwell (Assistant City Attorney): Deferral does, sir. Commissioner Winton: Deferral does? Then my motion is to defer this item with the... Commissioner Sanchez: There is a motion for deferral by Commissioner Winton. Is there a second? Commissioner Regalado: Second. Commissioner Winton: With the instruction to staff to go back to the County... Commissioner Sanchez: Second by Regalado. Open for discussion. . 88 April 26, 2001 Commissioner Winton: With the instruction for staff to go back to the County to negotiate an appropriate landscaping plan that's in keeping with the quality of environment that we're trying to create in our neighborhoods. Commissioner Sanchez: OK. There is a motion to defer. There's a first and a second. All in favor state by saying "aye." Unidentified Speaker: Date certain. May 24`h Commissioner Winton: Fine. Commissioner Sanchez: Doesn't it automatically go to the next Commission meeting? No? Mr. Maxwell: No. It... Commissioner Sanchez: It automatic -- deferral it automatically goes. Mr. Maxwell: Actually, you're continuing this until May 241" Commissioner Sanchez: OK. All in favor say aye. Excuse me. Gloria Velazquez: Mr. Chairman, Gloria Velazquez, on behalf of the applicant, Miami Dade County. Just wanted to let the board know that this was passed last year. This was approved by your board. The only thing that we're asking for today is your approval to move 20 feet over. And I'll show you now -- I'm going to lose the microphone, but I'm going to show you where in the map, and we -- at the time that we submit for a final plat, we have to submit landscaping plans, and we will do that. Let me show you in the map where the 20 feet are designated. Commissioner Sanchez: Just for the record, deferral does deferral has a first and a second, but go ahead. It's open for discussion. Ms. Velazquez: This is all we're asking for at this time. Because we had to meet certain design criteria standards. We needed to move it over. This is to unify a plat. These are two plats, and in an effort to make that happen, we just had to move this previous plat that was approved last year 20 feet over. Commissioner Winton: I understand that piece. You said something earlier though that got my attention, and that was that there is a requirement that the landscaping plan be approved by the City, which City said that wasn't the case. So, we need to get that clear clearly... Ms. Velazquez: Let me clarify that with our expert. Commissioner Winton: Thank you. Jose Milan: Hi. I'm Jose Milan with Ford Armenteros & Mauncy we are the land surveyors for the project and as part of the condition for submittal of the final plat, we have to submit an 89 April 26, 2001 updated tree survey and a landscape plan to the City as part of our submittal package. Commissioner Winton: City staff. Commissioner Sanchez: Could you state your name and your address? Milan: Jose Milan with Ford Armenteros & Mauncy 1950 Northwest 94th Avenue. Ms. Slazyk: Is this condition on their plan (inaudible) landscape plan? Commissioner Winton: They said landscape plan. John Jackson (Acting Director, Public Works): We approved the condition of the plat as far as any improvements. We have the right to require any improvements when a plat comes before us, but I'm not sure -- I don't believe they issue a building permit. Commissioner Winton: Let me ask y'all this question. Is there a problem created, from a time standpoint, if we delay this for a month; is that what you're saying? I mean, is there a problem? Henry Marks: Thank you, Commissioner. My name is Henry Marks, 201 Alhambra Circle. I am the project Manager on behalf of Rouse Coral Gables, who is acting as County staff on this project. And we came here last year, both plating and to get these right-of-ways vacated and you'll see the next item is also part of this, and the two requests together vacate all of the right- of-way on the station. That was granted a year ago. Then what happened is, we had to move the boundary of the plat 20 feet so that all we're -- we had to reconfigure, but we're asking for the same thing that was granted a year ago. Commissioner Winton: That's what I asked you. Mr. Marks: OK. Commissioner Winton: I understand that already. That's been said three times now. Mr. Marks: The building is well under -- the building is under construction; it's topped out; the garage is topped out; we're expecting occupancy in September, and the certificate of occupancy we need would require the recorded plat, so anything that would put that in danger would be a significant problem. Commissioner Winton: Then I would be willing to amend my motion because I think we still have some leverage here. We want the landscaping plan that's in keeping with what we're trying to do in the City today, not the old days. So... Commissioner Sanchez: Commissioner Winton, there is a motion to defer. You, the maker of the motion, could retrack. Commissioner Winton: Right. Yeah, without... 90 April 26, 2001 Commissioner Sanchez: (Inaudible) the maker of the motion to defer. It's up to you. Commissioner Winton: Well, but I could modify my motion. Can I modify my motion? Note for the Record: Commissioner Teele entered the Commission Chambers at 3:44 p.m. Commissioner Sanchez: The motion on -- the motion on the table right now is to defer. Commissioner Winton: Or do I have to -- we haven't voted on the motion, right? Mr. Walter Foeman (City Clerk): Yes, we have. Commissioner Teele: No. The motion is to continue. The motion -- this is zoning. Commissioner Winton: Right. So I could change my motion. Can I change my motion or do I have to withdraw it? Withdraw? Mr. Maxwell: Withdraw it. Withdraw it. The maker -- the second -- withdraw the second as well. Commissioner Winton: OK. Then -- so, I would withdraw my current motion to defer. Commissioner Sanchez: Motion dies. OK. What is your motion now? Commissioner Winton: The new motion is to pass this recommendation, subject to the County presenting an acceptable landscaping plan to City staff, period. Commissioner Sanchez: There's a motion. There's a motion with conditions. Is there a second? Commissioner Regalado: Second. Commissioner Sanchez: Second by Commissioner Regalado. Open for discussion. Hearing none, all in favor say "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: Anyone oppose, having the same rights, say "nay." Passes unanimously. Thank you. 91 April 26, 2001 The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-354 A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKEN ON AGENDA ITEM PZ -6 (PROPOSED OFFICIAL VACATION AND CLOSURE OF STREETS AND AN ALLEY LOCATED AT APPROXIMATELY A PORTION OF SHIPPING AVENUE BETWEEN SW 37TH COURT AND SW 38TH AVENUE, A PORTION OF SW 37TH COURT BETWEEN SHIPPING AVENUE AND PEACOCK AVENUE AND AN ALLEY PARALLEL AND BETWEEN PEACOCK AVENUE AND SHIPPING AVENUE FROM SW 37TH COURT TO SW 38TH AVENUE). Note: PZ -6 was passed and adopted as Resolution No. 01-354.1 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Vice Chairman Wifredo Gort 92 April 26, 2001 r COAS Commissioner Sanchez: Moving on to PZ -7 John Jackson (Acting Director, Public Works): Seven is a companion. It's the same... Commissioner Winton: Apparently, it's the same thing, so... Gloria Velazquez: It's a companion item. Commissioner Sanchez: Seven is a companion. There is a motion. . Commissioner Winton: We need the same motion. Commissioner Sanchez: This 's a motion there's a motion -- same motion? Commissioner Winton: Same motion. Commissioner Sanchez: The maker of the motion is Commissioner Winton. Is there a second? Second by Commissioner Regalado. Open for discussion. Hearing none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Sanchez: Anyone opposing, having the same rights, say "nay." Passes unanimously. Thank you. 93 April 26, 2001 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-355 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, STREETS AND ALLEYS, BEING (A) A PORTION OF SHIPPING AVENUE BETWEEN THE FEDERAL EAST COAST RAILROAD RIGHT-OF-WAY AND SOUTHWEST 37TH COURT, (B) AN ALLEY RUNNING ACROSS DIAGONALLY AND BOUNDED BY SHIPPING AVENUE, PEACOCK AVENUE AND SOUTHWEST 37TH AVENUE, (C) A PORTION OF SHIPPING AVENUE BETWEEN SOUTHWEST 37TH AVENUE AND THE FEDERAL EAST COAST RAILROAD RIGHT-OF-WAY, (D) A PORTION OF SOUTHWEST 37TH COURT BETWEEN SHIPPING AVENUE AND PEACOCK AVENUE, MIAMI, FLORIDA, AS LEGALLY DESRCIBED IN ATTACHED "EXHIBITS A, B, C, AND D" SUBJECT TO THE PROPERTY OWNER SUBMITTING NEW LANDSCAPE PLANS FOR REVIEW AND APPROVAL BY THE CITY PLANNING AND ZONING DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Vice Chairman Wifredo Gort Ms. Velazquez: Thank you. 94 April 26, 2001 Commissioner Sanchez: Moving on to PZ -8. PZ -8 is an appeal of Zoning Board decision. Note for the Record: Vice Chairman Gort entered the Commission Chambers at 3:49 p.m. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -8 is an appeal of a variance that was denied by the Zoning Board. The Planning Department recommends denial. This is for the property located at 2891 Coacoochee Street in Coconut Grove. This property is 12,665 square foot property. It is well oversized. It is regular in configuration. There is plenty of land on the - - plenty of land in the property to accommodate expansions of the residents without encroaching into the setbacks. This is a request for 10 -foot setback, where 20 feet are required. Again, we think it's a matter of design. It could be designed in a way that they don't have to encroach into the setbacks. This property also has pending Code Enforcement action for work completed without a permit, encroaching into the required yards and open space. We don't find any hardship here whatsoever to justify this variance. Lucia Dougherty: Good afternoon, Mr. Chairman, and members of the board. Lucia Dougherty with offices at 1221 Brickell Avenue. I'm here with my client, Lang Baumgarten, who is the owner of the property. Lang, could you come here and hold this for me? I think there is some very unique circumstances regarding this piece of property, and this is the photograph of the building and this is the site plan. Just to orient you, this is the Tiger Tail, this is Coacoochee; this is my client's property; this is the building next door. This is the area in which we're talking about getting -- seeking a variance. It is literally right here, and if you look on the site plan -- and what's unique about this building, frankly, it is a 2600 square foot house. It's one of the smallest ones in all the area, and it's got a huge banyan tree. It's a banyan tree that everybody looks at. They stop and look at this banyan tree, which is shown right here. It is a monster banyan tree that people come from all around to look at. It's one of the biggest ones in the Dade County. So, given the fact that this is a very, very small house, it's got 2600 square foot width this little addition, and let me say this. This addition is a 186 square feet. That's what we're talking about, 186 square feet. He has a petition signed by all of his neighbors because any addition to this house, the least intrusive place, would be here. It's backed before the -- it's follows the building line of the existing building. In 1999 they granted a variance for this same setback back here. He didn't build it back here. So, we're asking you if we could retain this very modest structure. It's 186 square feet. It follows the existing building line. It is in the back of the building, and as you can see; it's imperceptible from anybody, which is why he has all of his -- the signature of all of the folks who are immediately surrounding the property. Where is that petition? I'm giving this original petition to the City Clerk. So, it's a very modest request and we would urge your approval. Commissioner Winton: Could you bring that site sketch, not the aerial? And the bottom line is current existing house? 95 April 26, 2001 Unidentified Speaker: The yellow is the current house. Commissioner Winton: OK. Vice Chairman Gort: Into the mike, please. Commissioner Winton: OK. I understand. Vice Chairman Gort: Let me ask a question. Is anyone in opposition to this item? Is anyone in opposition to this? Being none, we'll close the public hearing. Commissioner Winton, this is your district. Commissioner Winton: When I read this, my answer was easy. I said, recommend -- uphold the Planning Board and Planning Department's recommendation of denial. But I couldn't see this. I guess I need to understand -- that's when I walked in here. I guess I need to understand, you know, from a principal standpoint, I almost always vote against changing established setback requirements because that's part of what's destroyed so many of our neighborhoods. This, though, -- it's only following setback lines that have been in place for a long time, sand adding a small piece of -- filling in a little slice of a pie that's already there. So, I'm struggling to ... Ms. Slazyk: Our recommendation has to be based on hardship and the criteria in the ordinance, and the other criteria reasonable use. Is denying him this denying him reasonable use of his property? It isn't. He's obtaining reasonable use today. He lives in it. The house is there. It's reasonable use. It's an over sized property. There is no justification. It's not only so much a matter of whether this would be injurious to anybody because it probably wouldn't. However, there is no hardship. You know, it does -- he's obtaining reasonable use. There is no special circumstances or conditions that apply here that don't apply everywhere else in the City. It's a big piece of property. There are other ways to do addition that's wouldn't require setback variances. So, it's a matter of -- you know, precedence, but also looking at strict criteria. It doesn't have hardship. It doesn't meet the 6th criteria. Ms. Dougherty: Mr. Commissioner, let me just say something to you. It's not 12000 square feet. This is not an oversized property. This is 8500 square feet. It is the smallest house in all of Coconut Grove practically. If you expanded it into the front, where you would legally do so, you could hurt the banyan tree, which is something you don't want to have happen. It doesn't make any sense that you wouldn't permit it in the least obtrusive place, which follows the existing setback lines, and it is not an over built property at all. Commissioner Winton: And ... Ms. Dougherty: And I think that there is a hardship. The hardship is that it's a small building. You don't want this building going to second floor. You don't want it expanding into the front, and... Commissioner Winton: How about (inaudible). 96 April 26, 2001 Ms. Dougherty: And you have a banyan. You don't want it to go up either. Commissioner Winton: No, no. I mean -- yes. Ms. Dougherty: I had a variance. We had a variance for it in 1999 to take this ... Unidentified Speaker: And I decided against building on it. Mr. Maxwell: You he must be on the -- comments on the record, please. Commissioner Winton: The -- because Lourdes, I know that this Commission because I've argued against a number of them, typically has listened to the rational of the hardship, and I remember us passing several just recently in some neighborhoods that I thought was -- sand there isn't any opposition to this. This seems like a logical extension, even though there may be an argument about whether or not we can prove hardship, and... Ms. Slazyk: That's why they present their reason for hardship. They presented, you know, the trees, they present specific configuration that they think is particular, sand that's why you're here to listen to both sides and decide this. Mr. Maxwell: Commissioner, they absolutely must address that issue. You have to find that there is a hardship in this case, and it's not unreasonable. Commissioner Winton: Well, I've listened to these arguments a bunch of times, Joel, so -- and I've heard how we passed this stuff with listening to the hardship and I think I've heard the hardship here. Mr. Maxwell: OK. As long as the record reflects. Vice Chairman Gort: Motion. Commissioner Winton: My motion is to Ms. Slazyk: Grant the appeal. Commissioner Winton: Yes. Ms. Slazyk: Reverse the Zoning Board. Commissioner Winton: Thank you. Thank you, Lourdes. Vice Chairman Gort: OK. There's a motion. Is there a second? Commissioner Sanchez: Second. 97 April 26, 2001 Vice Chairman Gort: It's been moved and second. Any further discussion? Being none -- let it show there is no one in opposition to this item. All in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-356 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), GRANTING THE APPEAL, AND 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 4, SECTION 401, TO ALLOW A REAR YARD SETBACK OF 10'0" (20'0" REQUIRED) FOR A SINGLE FAMILY HOME FOR THE PROPERTY LOCATED AT APPROXIMATELY 2891 COACOOCHEE STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," CONDITIONED UPON A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Vice Chairman Gort: OK. Yes. 98 April 26, 2001 Mayor Carollo: We're going to go back now to PZ -1. Lourdes, can you give us the department's recommendation in PZ -1 and go over whatever history on it you feel we need to hear. Lourdes Slazyk (Assistant Director, Planning and Zoning): Sure. This is a special exception in order to allow public recreational facilities for the Overtown Youth Center. The department has reviewed the application and is recommending approval, with conditions. The only condition that we specifically wanted them to meet prior to building permit is a revised landscape plan, with the specifications substituting palm trees with shade trees. This is a youth center, and the shade is important and the palms don't really provide enough. We wanted them to update their landscape plan and turn that in prior to building permit. Otherwise we find that the use is appropriate for the location. And that it will be beneficial to the community. Mayor Carollo: Anyone that would like to address the Commission in favor or against this special exception, if they can give their names to the City Clerk. Vice Chairman Gort: Mr. Mayor, if I may, I think, for the sake of time, we have two books that we still have to go through. We haven't even gone through the items in the regular agenda. What I would like to do is, I think there's been several meetings on this. If there's anyone in opposition, I don't think anyone in opposition to this item, we can move on. Mayor Carollo: There shouldn't be, Commissioner. But I think, at least, the applicants would like to put on the record their position on this, an I think that would be appropriate, and particularly since it's taken them very patiently about two years to get to this point. If you could state your name and address for the record. Al Dotson: Mr. Mayor, my name is Al Dotson, address 200 South Biscayne Boulevard. Because of the time, it will be extremely brief. We thoroughly appreciate the City of Miami's work on behalf of the Overtown Youth Center, as well as the enthusiasm of the Overtown residents in making sure that center move forward and you, the City Commission, for your commitment to this community. We've had an opportunity to hear from the residents of Overtown. There have been a number of meetings, and they have been thoroughly supportive of the efforts of Mr. Margulies and Alonzo Mourning in their effort to construct the Overtown 99 April 26, 2001 Youth Center. I'm just going to present for the record a copy of 550 signatures from Overtown residents who are in favor of this particular project, who could not make the meeting today, as well as letters from various organizations, also in support. Because of the number of people who have come out and support, that's all I would ask is that they do is stand to be recognized, since they are here in support of the Overtown Youth Center, and they've come out in the rain, for that purpose. Those of you who are here in support of the Overtown Youth Center... Commissioner Winton: Marty, are you opposed to it? Mr. Dotson: Mr. Mayor, and members of the Commission, I think this is a great showing of Overtown residents who support this particular project. We had a chance, during a recent referendum to come out and vote in favor of this project to express their support, and, again, they are here today because they know the center is absolutely needed and they, themselves, are going to be a critical component in its success of that center. Again, I want to thank everyone for coming out today. Mayor Carollo: Thank you, Al. Mrs. Range, would you like to address the Commission on this? Athalie Range: I certainly would be pleased to address the Commission on this, and simply to say that it is very fine effort, which is being made for our community. I happen to have grown up in that community, and I went to school over there and I think it's very fine circumstance that we have come to the point that such a facility is going to be built there for the young people, and my vote goes. I'm not in that district, but my vote goes. Thank you very much. Mayor Carollo: Thank you, Mrs. Range. Thank you for being here. Ms. Range: Thank you. However, I'm here on another item, and I must leave. So, Gene Tinnie and Mrs. Thomas will be here to carry on. Mayor Carollo: A very important item, too. Ms. Range: Yes, it is very important. I would have liked to have remained, but I can't for that. Mayor Carollo: Thank you for your presence. Thank you, ma'am. Ms. Range: Thank you. Mayor Carollo: Yes ma'am. Dorothy Jenkins -Fields: Mr. Mayor, if I may. Dorothy Jenkins -Fields. I am Vice Chairman of 100 April 26, 2001 the Overtown Advisory Board and a member of the Empowerment Zone Overtown assembly. Both of these boards have, by resolution, support, without question. The Overtown Youth Center, and would encourage the Commission to do likewise. Thank you. Mayor Carollo: Thank you, Dorothy. Is there anyone -- and I have to ask this. Is there anyone in opposition in the audience that would like to address the Commission? There's none. Mr. Dotson: Mr. Mayor, if I may, just make one other statement for the record. Mayor Carollo: Yes, Mr. Dotson. Mr. Dotson: We've had an opportunity to meet with St. John's Baptist Church; and we thoroughly appreciate their professionalism since your last meeting. They have provided us with their issues, with respect to being a good neighbor, and we've had an opportunity to meet with Pastor Nevins and the elders of that church, and we appreciate their input in that process since the last meeting. Mayor Carollo: Thank you, Al. Is there a motion from the Commission? Commissioner Teele: Mr. Mayor? Mayor Carollo: Commissioner Teele. Commissioner Teele: The public hearing is closed. Mr. Mayor, I would move that the item, PZ - 1, be approved pursuant to the planning director's recommendations. Commissioner Winton: Second. Commissioner Teele: On the motion. Mayor Carollo: It's a motion. There's a second. Commissioner Sanchez: Second. Mayor Carollo: OK. Commissioner Teele: On the motion. Mr. Mayor, I've given the Clerk -- and members of the Commission, I've given the Clerk a copy of a letter which I'm asking to be made a part of the record, of -- dated April 25th, entitled a dear colleague letter. That dear colleague letter states, in part, of particular interest is the referendum item, which was referred to the citizens, regarding 101 April 26, 2001 the Overtown Youth Center at our last zoning meeting, the zoning decision was appropriately deferred to allow for a dialogue between the interested parties, in particular, the Margulies group and the historic St. John Baptist's Church board of trustees, and so eloquently stated by Dr. Nelson Adams in the meeting, which resulted in the letter of understanding regarding the concerns by his church members, such as, bullet, the physical structure of the youth center 's facility and its impact on the view of historic St. John 's Church. Bullet: The programming of the youth center and its influence on the area 's youth. Bullet: The appropriate security during hours of operation, complete with adequate lighting, and finally, the level of commitment by the principals, Mr. Margulies and Mr. Mourning, as it relates to the operation. These questions were thoroughly answered, I think, by counsel and the principals, as the letter states on Number 9: The item of the use agreement, unrelated to this zoning matter, unrelated to this zoning matter, was submitted for a vote and with some -- and with a vote of 96 percent in support of 105 votes cast. I wanted to say on the record, although there has been a reference from the dais that this project has been languishing for two years, this project was referred to this Commission approximately a year ago. This Commissioner, on three separate occasions, has voted for and, if fact, I initiated the transfer of the land, which is in question from the CRA (Community Redevelopment Agency), which I'm privileged to chair, to the City, and that was done expeditiously, within a matter of 30 days from the City's request. I want to express my appreciation to the principals, Mr. Margulies, Mr. Mourning, and counsel and others, but most of all, I want to express my appreciation to St. John's, the historic Baptist church that has been here 80 years, many of whom founders of that church were incorporators and founders of this City. For working in a cooperative community spirit, and, finally, Commissioner Winton and Commissioner Sanchez and Commissioner Gort, and Commissioner Regalado, I want to continue to express my appreciation for treating this African community the same way we treat Brickell, and the same way we treat Coconut Grove and other areas. In each and every case, when there is an objection by the adjacent landowner, property owner, this Commission has routinely deferred the matter and allowed the principals to work together. This has happened again here, notwithstanding the frustration of the developers, as we always hear and see. It's important that, in making zoning decision, we facilitate a good neighbor long-term process, hopefully, this facility will function for many years in the future and it will function as a good neighbor to St. John's and the entire Overtown community. And I'm strongly in support, as I have been, for the year that the project has been before us, in support of this project. It will be a tremendous asset and addition to the community. Thank you. Mayor Carollo: Any further statements from any members of the Commission? Hearing none, can you call the roll? (COMMENTS MADE DURING ROLL CALL) Vice Chairman Gort: Mr. Dotson, my understanding, fraternity from FIU (Florida International 102 April 26, 2001 University) is going to give you a call. They want to get involved in the project. Put a lot of volunteer hours in there. Yes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-357 A RESOLUTION OF THE MIAMI CITY COMMISSION, AFFIRMING THE RECOMMENDATION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW PUBLIC RECREATIONAL FACILITIES FOR THE PROPERTIES LOCATED AT APPROXIMATELY (I) 1338 AND 1360 NORTHWEST 3RD AVENUE, (II) 1330 NORTHWEST 2ND COURT AND (III) 308 AND 450 NORTHWEST 14TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND THE FOLLOWING CONDITIONS RECOMMENDED BY THE PLANNING AND ZONING DEPARTMENT: PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS THE PROPERTY OWNER SHALL SUBMIT A COMPLETE NEW LANDSCAPE PLAN ACCEPTABLE TO THE DEPARTMENT, INCLUDING, BUT LIMITED TO, SUBSTITUTION FOR DEPICTED PALMS AND SHADE TREES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 103 April 26, 2001 Mayor Carollo: Marty, can you come up to the podium please, if you would, and -- I would personally like to thank you for you and Alonzo Mourning coming forward along with others that are working with you, in making this very needed youth center, that is also going to serve not the so young, making it a reality in Overtown. I don't know anywhere in America that someone's going to come and take out of their own pockets three million dollars ($3,000,000) without asking government for not a single cent so that they can build something that's going to last and really make an impact in the community, and this youth center is going to make one heck of an impact in Overtown, but I predict this to you, that this is going to become a youth center that is going to be a prototype for more to come. You're going to see others built in Liberty City, in East Little Havana, in Wynwood, in other parts of Florida, and I think Marty, that what you've done here is something that Miami will never be able to give you and Alonzo enough thanks for doing this because this is going to go way beyond Overtown. It's going to become a model for many other parts of our community, Florida, and our country. And I personally want to thank you for your patience and for coming through in a way that few people would anywhere in the world for a City. Thank you. Marty Margulies: I just wanted to say, please don't name the street after me. Vice Chairman Gort: Marty, you don't want to do that. Unfortunate, we passed a resolution here that in order to do that, the person has to have passed away, so we don't want to make sure -- we want to make sure we don't name the street after you. Mr. Margulies: I'd like to thank some of the staff people, who really helped us along the bureaucratic process, Lori Billberry, Rhonda Vangates, and City Manager, Mr. Gimenez, whose very encouraging. When I was at a point when I was ready to take it somewhere else, Mayor Carollo stepped in and convinced me that the Overtown community really needed this facility, and I knew that, but without his intervention, I probably would have walked somewhere else. Again, these meetings with the churches, with the Overtown Advisory Board and all the numerous meetings we had with the community people, Commissioner Gort was always present at the meeting, and he always listened very carefully to what the residents were saying. Also like to thank Commissioner Sanchez, Commissioner Winton for their undivided attention an their help in encouraging us. At the end of the day, the children have won a victory and that's the bottom line. So, thank you very much. (APPLAUSE) Mayor Carollo: Than you, so much, Marty. Please, Al, if you could express our thanks and gratitude to Alonzo. 104 April 26, 2001 Mr. Dotson: As you know, Mr. Mourning had a business engagement out of town, but his representative is here. Andre Napier, who would also like to thank the Commission for their help. Mayor Carollo: Sure. Go ahead, Andre. Andre Napier: Thank you, Mr. Mayor. I really would just like to second Marty's comments and thank all of you, on Alonzo's behalf for making Marty and Alonzo 's vision a reality. I'd like to thank is actually each and every one of the Commissioners for their support and their time for meeting with us, discussing the project, allowing us the opportunity to share with you our goals. Commissioner Teele would like to thank you for welcoming us into your district, giving us the opportunity to do our part to make a difference, and with that, now we've got to get to work. So, we appreciate your time and allowing us to opportunity to move forward. Thank you. Mayor Carollo: Thank you. Mr. Gort, can you chair the rest of the meeting? Vice Chairman Gort: Sure, no problem. Mayor Carollo: Thanks 105 April 26, 2001 Vice Chairman Gort: Yes, sir. Tucker Gibbs: Mr. Chairman, my name is Tucker Gibbs and I represent the appellants in PZ -33 and I'm here with opposing counsel. We'd just like to ask for a deferral of this item for 30 days. It's an agreed deferral. Vice Chairman Gort: We'd love to do that. Yes. Mr. Gibbs: I thought you would. Vice Chairman Gort: There's a motion to defer. Commissioner Sanchez: So moved. Vice Chairman Gort: Is there a second? Mr. Gibbs: You don't want to see us again fight, do you, in the ... Lourdes Slazyk (Assistant Director, Planning and Zoning): To May 241" Alejandro Vilarello (City Attorney): Continue the item to... Vice Chairman Gort: See, Johnny, needs to understand that. We need to give first year of law school. Commissioner Sanchez: Tucker, Tucker? Tucker, you mean continue, not defer? Mr. Gibbs: To continue, yes. Continue -- thank you -- for 30 days. Thank you. Vice Chairman Gort: Continue. Do I have a motion? Commissioner Winton: So moved. Vice Chairman Gort: Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." 110 April 26, 2001 The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-358 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -33 (APPEAL OF REMOVAL AND RELOCATION OF TREES FOR INSTALLATION OF PLAYING FIELDS AT 2015 S. BAYSHORE DRIVE, RANSOM EVERGLADES SCHOOL) TO THE CITY COMMISSION MEETING PRESENTLY SCHEDULE FOR MAY 24, 2001. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: Thank you. 111 April 26, 2001 Vice Chairman Gort: Children's Museum. Bring them up. Commissioner Sanchez: What item is that? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -4. Commissioner Sanchez: PZ -4. OK. Ms. Slazyk: PZ -4 is a Major Use Special Permit for the Children's Museum project to be located on a 2.32 acre parcel on the south side of Watson Island, in order to allow museum use consisting of approximately 55,000 square feet. The Planning and Zoning Department is recommending approval, with conditions. The primary condition here has to do with the design of the Children's Museum. As you all may recall, this design is the same as what they were proposing for the Vizcaya Metrorail Station. We believe that Watson Island is a unique location in the City. It's on an island. It relates to the water, and we don't believe that the museum, as designed and presented for the Major Use Special Permit, reacts appropriately to the unique location of Watson Island. There were also other design issues that had not been worked out through the major use process, including linkages, fenestration, materials, colors. They really just went forward with the same project they had before. With respect to the use, though, we believe the use is consistent with the Watson Island policy plan; it's consistent with the zoning district. The City will be providing sufficient parking nearby. We want them to address linkages and walkways to the parking and to really address where they are on Watson Island, and not just put a building from somewhere else down on this location. It's too special a location. Vice Chairman Gort: Lourdes, let me ask you a question. What's the only inconsistency? You state it again. Ms. Slazyk: The design. Vice Chairman Gort: It's the design. Ms. Slazyk: The design. Vice Chairman Gort: Do you have a problem with the design? Ms. Slazyk: Yes. We don't believe that this is -- that as presented for Major Use Special Permit -- and I'm not sure what this model is because that's the first time I'm seeing it. But as presented for the Major Use Special Permit, the design is not appropriate for its location on Watson Island. Vice Chairman Gort: OK. And I understand what you're saying. What's the reason? There's nothing there right now. My understanding is -- and we had the one ... 112 April 26, 2001 Ms. Slazyk: The Watson Island policy plan calls for Watson Island to be -- Watson Island still coming into its own. Parrot Jungle was approved. There is another application coming forward for an aviation and visitors center. It is an -- a public attraction island. There will be some other development as Watson Island continues to grow. A museum, again, the way it was designed completely, you know, oblivious to its location on an island, not responding to any of the other uses nearby, not linking even to their own parking, we believe that there are still plenty of design issues that need to be worked on before they really build it. Vice Chairman Gort: OK. Thank you. Commissioner Sanchez: I would like to hear from the applicants. Gloria Velazquez: Thank you. Good afternoon... Vice Chairman Gort: Excuse me. Before I hear from the applicant, I wanted to hear from staff because if we could avoid some of this, it would be a lot better. Yes. Ms. Velazquez: I'll just summary format quickly. Good afternoon, Mr. Chairman and Commissioners. My name is Gloria Velazquez, with offices at 1221 Brickell Avenue, on behalf of the City of Miami and the Miami Children's Museum. Joining me today is Debbie Spiegelman, who is the Executive Director of the museum; Louis St. Clair, the architect, Rafael Peruyera, the project manager, and many parents and children representing our community. Everyone can stand up in support of the Miami Children's Museum. We want to thank them for being here today. We're seeking approval of a Major Use Special Permit for the Children's Museum project for plans on file -- quick -- for plans on file and as reflected in our model shown before you today. It was approved for plans on file and as you see in the model by the UDRB (Urban Development Review Board) and the Planning Advisory Board unanimously. We agree with the conditions from the Planning Department. We agree with condition number 11 -- and we just want to clarify it. Basically, I have the condition here that Nicole is going to pass out to you and, basically, what we want to do is, we agree with the condition. Basically, fenestrations are windows. That's one of the concerns. We want to limit our condition -- this condition to window, colors, materials, and not require any structural change. That's our main concern. I mean, this is a project that has been through many public hearings; this is a project that has been on file. Everyone we've worked -- everyone's worked together, and we will agree to work with the City; however, the only thing that we ask you is to amend this condition that there will be no structural changes. Vice Chairman Gort: Nicole, let me ask you a question: Are they paying you a good salary? Commissioner Sanchez: At least minimum wage. Ms. Velazquez: We're all working pro bono. Commissioner Regalado: No. It's "Take Your Daughter to Work" today. Lourdes, I have a question. Hello. I have a question. You're saying that the design is not compatible with Watson 113 April 26, 2001 Island. That's what you're saying, the design? Ms. Slazyk: Yes. I want to clarify for the record. Somebody asked me what we were recommending. I just want to clarify. It's approval of the project, but with conditions that these design issues be addressed. Regarding the design issues, it's -- they took a building that was designed for another site, put it on Watson Island. It didn't react to the water. It doesn't react to being on an island or to any of the other facilities that have been approved and our underway on the island. We would just ask that that be addressed. Commissioner Regalado: But I -- excuse me. I remember that I received some graphics and when -- I mean, long time ago, when they were thinking even on Bicentennial Park, and it was supposed to be something related to water. In fact, on the second floor is something related to water. I don't know what is the difference between design for Bicentennial and a design for Watson Island. It's water. They both have water. Debbie Spiegelman: Commissioner, the building was designed san it was a building designed by Arquitectonica for and about children, and the building addresses the four elements that are found in fairy tales, earth, wind, fire, and water. And the largest building, with the height, does constitute water. We feel it represents a wave. Commissioner Regalado: That's what I thought. Joel E. Maxwell (Assistant City Attorney): Commissioner Regalado, just for the record, those documents that you received, I believe you were sent those well before there was a pending application on this, is that not correct? Commissioner Regalado: Oh, yeah, yeah, yeah. They were received when they were thinking on asking Bicentennial, which was, I think, two years ago or something like that, when the Roads site was rejected. Mr. Maxwell: I understand. I just want the record to be clear for general purposes. That was before there was a pending application. Commissioner Regalado: Yeah. No, no. Of course. And -- but that's what I don't understand. I mean, it has to do with water. It's even a wave. So, Lourdes, I don't know -- what are you questioning here, specifically? Ms. Slazyk: Why are we what? Commissioner Regalado: What are you questioning here? Is it a wave? Is it (inaudible) is it Ms. Slazyk: OK. An architectural representation of water by a shape on a building and how a building responds to water are two different things. Again, as presented -- and I see windows there that really weren't in here, but as presented is what we reviewed. There are public uses within this that could be located in a way that they open up to the water. There's other things in the building that could respond to the location, more so than what was presented to the City. 114 April 26, 2001 Commissioner Winton: Could I ask this design was created for what site? Rafael Peruyera: Commissioner, my name is Rafael Peruyera, with offices at 2800 Ponce de Leon Boulevard. The building, although originally designed for a different site... Commissioner Winton: Which site? Mr. Peruyera: The Vizcaya Metrorail Station site. Commissioner Winton: OK. So, it wasn't -- Commissioner Regalado, it was not designed for Bicentennial Park. It was originally designed to be on the Metrorail site. Just to get that on the record. Mr. Peruyera: That is correct. But after strong deliberation on the architect's part and user groups, we still feel strongly that the base design the appropriate for Watson Island, as it would have been for Bicentennial or any other waterside parcel. This is a museum by its very nature. The vast majority of its space is internal. We cannot exploit the beauty of the surroundings with windows and open plazas, but we can do certain things, as Ms. Slazyk suggested, and we do intend to do so. We want to go ahead and modify the lengths. This building was much further ahead than the neighboring building, the Visitors Convention Building, and we agree that we need to have some relationship at sight, linking, vehicular access, pedestrian access, links of parking, links -- architectural links in terms of texture, coloration, landscape features. There's no question there. Our only issue is that, after such a long drawn out battle, to use a word, we can't really afford to modify this structure at this point. We would have to go back to square one. Other than perhaps address some of the fenestration issues, where it is appropriate, such as, in the administrative wing or in gift shop, but not the museum core itself. Ms. Slazyk: I don't think we were questioning the footprint or the height or any of the envelope issues. They were design issues. Commissioner Winton: So, do I hear here, you're both saying the same thing here, in terms of what you're wanting and what they're saying they can deliver? Mr. Peruyera: Yes, sir, with one exception, that not to modify the structure. Commissioner Winton: Lourdes? Lourdes? Ms. Slazyk: I was just checking with the director. Commissioner Winton: Oh, I'm sorry. Vice Chairman Gort: Do you have full plans completed already, already drawn to begin? Mr. Peruyera: Yes, sir. 115 April 26, 2001 Ms. Velazquez: Yes, sir. Vice Chairman Gort: In order to give him the OK with the plans that you have, you're already ready to go to construction? Mr. Peruyera: Yes, sir. In fact, the plans have already been run through the City for the prior site and speaking to different departments, we have their concurrence. Vice Chairman Gort: So, you have gone through the process and all that. Lourdes, I understand what you're saying from a planning point of view, and what we'd like to see -- I'm sorry. Go ahead. I didn't mean to interrupt you. Commissioner Winton, go ahead. I don't want you mad at me. Ms. Slazyk: I was just looking at the modification they proposed, that you limit it to windows, colors and material, and I'm not sure if that's -- I'm not talking major -- you know, the footprint and the height and that, but it could -- this could be masting and articulation issues that wouldn't necessarily affect the structure, not the footprint, not -- you know, the sizes they need, but I am not sure that this is enough. Vice Chairman Gort: We're not architectures in here, so for us it's very difficult to understand. What I'm hearing from them is, they don't want to see -- because they have all the plans and we know how much it cost to put all those things together; how much your architects and planners will charge to do those things. My understanding is, what I'm hearing -- and correct me if I'm wrong -- is, they don't want to change the outside structure at all because of the plans they have. Now, my understanding is, what you're saying is, this existing building, let's try to connect it somehow, somewhere, select the right place, and do the landscaping and the auxiliary uses so it can connect to the rest of the island. Are you also saying let's change the structure itself, besides the window and colors? Ana Gelabert-Sanchez (Director, Planning and Zoning): If I may. Ana Gelabert, the Director of the Planning Department. What we're trying to say is that we feel that, as an architect, the building was designed for another location, so, obviously, it cannot respond to Watson Island because it was not meant for Watson Island. It's like you don't design a house for one lot and the other one would -- we don't want to -- what we would like is not just to limit its fenestration, but, perhaps, there's something on the articulation of the building that perhaps we can work with the architect without going, perhaps, so much into the structure, but there might be something on the elevations that we would have the flexibility of sitting with them and working with them. Commissioner Winton: So, couldn't they work this out in the next 30 days? Vice Chairman Gort: They need to... Louis St. Clair: If I may. Louis St. Clair, Arquitectonica, 550 Brickell. This building was previously scheduled schematic design (inaudible) designed for another park. These building incorporate themes, which are extremely well located in the actual site on an island near water. We have the wind; we have the water; we have all those elements, which are typical for a park. 116 April 26, 2001 We work the proportion of the building in such a way that there would be a pedestrian scale, and I think it's a complimentary planning facility for this site more than it was for all the previous sites we had. We have a chance to build a wonderful facility for all the children here and we have a construction building ready to go. Commissioner Regalado: If I may? Vice Chairman Gort: Yes, Commissioner Regalado. Commissioner Regalado: You know, we've been dealing with this issue for so long and like we just congratulate the people that came to Overtown with this offer. I think that the best use that we can have for Watson Island, that belongs to the residents of Miami, is the Children's Museum. And I think that a unique design like this will attract the interest of the children, which is what we want. We want the children of Miami, especially, to come and just stand in front of the bus or in the parking lot and feel the need to go into that building. I think it will be a shame to delay, one single day that project. You know, you can say whatever you want about the water and the mixture and the building, but this is an opportunity that we need to seize, and you guys do whatever you want. I am in support of this project. I think it's a building that draws attention to the people, but especially to the children, and I think that we have to think first on the children, which will be the primary users of this building. If we change something, professionally, maybe it will not be so interesting for the seven or eight or nine year olds that we wish to have there all the time, all the years. So, you know, I would ask my colleagues to just go ahead and, you know, approve this and start construction as soon as we can because this is -- this is the legacy that this Commission is going to leave for the next 10 or 20 generations to come here in Miami, and I really feel proud about this, and I think its the best use that we can ever think to have that building in Watson Island. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: Thank you. Commissioner Sanchez. Commissioner Sanchez: Is the size a problem? Ms. Slazyk: No. Commissioner Sanchez: The size is not a problem. The only concern, my understanding, is the design, the design itself? Ms. Slazyk: Yes. Commissioner Sanchez: Compatible to what's at Watson Island? The RFP (Request for Proposal) going out, the designs -- are we comparing it to another design that's being put there by the visitors? No. Ms. Slazyk: No... 117 April 26, 2001 Commissioner Sanchez: So you've got nothing to compare. Now, the question is, is it acceptable to the environment that's going to be put there? Is this going to be a positive thing for the Watson Island? This project -- since I've been a Commissioner for two and a half years, almost on three, it was my homeowners, as president, that approved it; it was my homeowner that turned around and did not approve it. The other homeowners did not approve it. It came back. We worked it all out, where we would find a site for them. I went to Tallahassee with them to make sure they did not lose their grant through the agriculture. The project has been going on for years. I think that what it says here, very clearly, that they're willing to come to an agreement on the windows, colors and materials, but when it comes to the structure, once again, the funding in Tallahassee are still there. Every time we go back to Tallahassee, we plead with them to hold the funds for us. They say, do you have a site? And, you know, it gets harder and harder. So, you know, let's -- this is going to be positive for the City. I think you guys could work it out so there's -- I'll make the motion to approve, as it was placed -- have you made any modifications to it? Is this the original plan since day one? Unidentified Speaker: No, sir, there has been modifications. Mr. St. Clair: This was the plan proposed originally from the -- we have some modifications -- we were advised by Planning and Zoning not to present ... Mr. Maxwell: Sir, your comments must be Vice Chairman Gort: Sir, you have to speak into the mike. Mr. Maxwell: Into the mike, please. Commissioner Sanchez: They need to be on the record. I still have the floor. Can you state that for the record, please? Mr. St. Clair: These are based on the original plans we submitted for the MUSP (Major Use Special Permit). We have some modifications. They are ready to discuss after -- with the Planning and Zoning, and this was a Planning and Zoning recommendation, not to propose any modifications until they finished this process. Site modification is based on the (inaudible). Ms. Slazyk: They can't present the modifications before you approve it or else they have to stop the process and go through the substantial or non -substantial modifications. So, we haven't seen whatever modifications they may be working on. If we add landscape to this list... Commissioner Sanchez: I think it's only fair that you present the modification to the City. That's -- you've got to do that. I think it's only fair that you do that. Ms. Velazquez: We will. And we will. I just want to provide some comfort and perhaps ease to the Commissioners in making your decision, that group of architects at your UDRB approved this design, unanimously. They reviewed it, just like you're reviewing it today, but they're architects. So, I thought that -- I just stated that to provide some comfort that some architects -- some other architects had reviewed it. 118 April 26, 2001 Vice Chairman Gort: There's a need to understand, if it's too big of a change, modification, then it's got to go back through the whole process. So, whoever makes ... Ms. Slazyk: We don't have a problem with footprint and height. That's not going to be a problem. Vice Chairman Gort: OK. But from what I learned last night, I have to be very careful of any change because then it might have to come back to all of us. So, let's make sure we keep that in mind. That's very important. Ms. Slazyk: I would ask that the landscape be added to the list of the ... Vice Chairman Gort: What else you need? Ms. Velazquez: We agree. Vice Chairman Gort: With the exception, structural change. What other needs do you need on this motion? So the maker of the motion can ... Ms. Slazyk: No. It would be to add the windows, colors, materials and landscaping. Commissioner Sanchez: So moved, with the conditions that you provide the windows, the colors, the material and the landscaping. Ms. Velazquez: And not require... Commissioner Sanchez: Excuse me. Vice Chairman Gort: There's a motion and a... Ms. Velazquez: And not require any structure... Commissioner Regalado: And not what? Ms. Velazquez: And not require any... Commissioner Sanchez: And not require structural redesign of the building. Vice Chairman Gort: There's a motion and a second. Yes, sir, Mr. Cruz. Mariano Cruz: Manuel Cruz, 1227 Northwest 26th Street. This is to be on the record because I want people to know. I am not against the museum, as long as it is for all the children, not just in theory, but in practice. All the children of Miami, Miami -Dade County, and the whole thin because Watson Island is 10 -- about 10 minutes from us. I mean from my house on 12t Avenue, 836 East, McArthur Causeway right there. I used to go there many times with my 119 April 26, 2001 children when they were small because I have four children going to private school, so I didn't have much money left to go to Disney World or (inaudible) I use all these places, but the only thing it bothers me a question, that today somebody was talking about fisherman and the whole thing being moved. Now, there is land, all this big dollar projects, like the mega marina, the whole thing, and then they want to move the workers from the City, the place I go, because I go there on Sunday morning to buy fish and go around there, and I can't afford maybe to go to that mega marina. I don't have a job to go there, but they find all the time -- but the administration is pushing to get rid of the people there. Now, you say there's going to be a public hearing, but make sure those people stay there. See, I was the only one that got the clock. All the other people spoke without a timer, but that's all right, as long as it's on the record. Vice Chairman Gort: Mariano, let me put it to you this way. Go ahead, keep speaking. Mr. Cruz: No, no, no. Vice Chairman Gort: Forget about the clock. Keep speaking. Mr. Cruz: The only thing I want to know is Vice Chairman Gort: I don't want you to go back to your community and say we keep you from speaking. Go ahead. Mr. Cruz: It have to be -- find the place for the people to go. People have been there for years are there because even now, I understand the MOC, the Miami Outboard Club have moved the fence. Let her do a survey of those properties and find out they moving to the Parrot Jungle, using property, the empty property, to park on the whole thing. Those people don't own that Island. Watson Island is owned by the citizens of Miami. Doesn't know that. And most of the people using those facilities, the MOC and the Miami Jet Club don't even live in Miami. You can't afford to go there. Vice Chairman Gort: Mr. Mariano, thank you, sir. I have a motion and a second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 120 April 26, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-359 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE MIAMI CHILDREN'S MUSEUM PROJECT, TO BE LOCATED ON A 2.32 ACRE PARCEL ON THE SOUTH SIDE OF WATSON ISLAND, MIAMI, FLORIDA TO BE COMPRISED OF A 55,000 SQUARE FOOT CHILDREN'S MUSEUM; DIRECTING TRANSMITAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Johnny L. Winton Walter Foeman (City Clerk): Who was the seconder, Mr. Chairman? Commissioner Regalado: I did. Vice Chairman Gort: Thank you. Ms. Velazquez: Thank you. Ms. Spiegelman: Thank you. (APPLAUSE) Vice Chairman Gort: Excuse me. Hold it. We have a big agenda to go. 121 April 26, 2001 Vice Chairman Gort: What's next? Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -9 is an appeal of a variance that was designed by the Zoning Board. The Planning Department has also recommended denial. It's for El Dorado, to be located at approximately 2450, 2460, 2468, 2490 Southwest 7th Street and 703 Southwest 25th Avenue. The request is for a parking variance in order to provide 83 parking spaces for the new El Dorado Furniture store, where the code requires 128 spaces. Again, this is a large commercial property. It was recently rezoned at the rear to make the commercial property even larger and the -- there is no justification for the hard -- for a hardship. The department recommends denial. Commissioner Sanchez: So, just for the record, there is no hardship? Ms. Slazyk: There is no hardship. It's a large property. It's regular configuration. There is no denial of reasonable use without this variance. Pedro Capo: Hi. For the record, my name is Pedro Capo. I reside at 1390 South Venetian Way, in the City of Miami. One of the owners of El Dorado Furniture Enterprises. Before you today, you have an opportunity to maybe make history and before, basically, we go into the details, I want to give you some background of the company itself, the business itself, to give you an idea of what this is entailing. The situation here is, El Dorado started in 1967 and then Calle Ocho, where you see the picture there, the old street and the original street. We still have that sign that you see on the side, the pole sign, and that was back in 1967. El Dorado has grown to be one of the top furniture companies in the United States. We're in the top 50 companies right now, from approximately 28,000 furniture stores in the country. For us to be here today and asking to make this appeal to reverse the decision of the Zoning Board, it's more of emotional issue, along with a hardship, to make an investment in this area. The particular elevation that you see there is the new building that we have proposed. And you have some fax in front of you on some of the statistics on why we think that the counting or the way the regulation is written, as far as the amount of parking needed for a furniture store, is not necessarily true in this particular case. Unfortunately, the Code reads that all retail businesses need specific parking spaces. In front of you, you have "Exhibit C", which you have some detail of a comparable supermarket, let's say, which is in the same category as a retail furniture store, and the average of our parking. We're talking about that, in the furniture business, being a high -ticket item, where we basically have -- it's around fifteen hundred dollar ($1,500) per sale, kind of per customer ... Vice Chairman Gort: For the sake of time, is anyone in opposition to this item? Is anyone in opposition to this item? No one in opposition? Yes, sir, go ahead. 122 April 26, 2001 Louis D. Cohen: Our family has owned ... Vice Chairman Gort: Name and address, please, sir. Mr. Cohen: Beg pardon? Vice Chairman Gort: Name and address, please. Your name and address. Mr. Cohen: Oh. Louis D. Cohen. My address is 12000 North Bayshore Drive, North Miami, and our -- is that good enough. Vice Chairman Gort: Yes, sir. Mr. Cohen: Our family has owned a 12 -unit house -- home -- apartment building that is across the street from the address that is specifically named here. Now, our building fronts on 25th Avenue, the rear of it, in the front -- on the other side is 711 Beacon Boulevard. Now, we have nine parking spaces and, actually, with the on street parking, we had enough for 40 years. Now, in the last few years, people have jumped the sidewalks, the curbs, to park on our lawns. Finally, we got rid of that, but putting up shrubbery. Now, they are parking in our spaces and they completely disregard the tenants, who live there, and sometimes there are heated arguments, and some day I expect somebody is going to pull out a gun and get rid of one of the interlopers. Now, I thoroughly agree with the denial, and -- this gentleman spoke about the high ticket sales that they make, but the people that we are having as tenants, they can't afford those high tickets because they just don't have the money, and if we were to sell the building and make a profit, 12 families would be out looking for new housing, which is very, very scarce around there. I vehemently am in back of the denial. Actually, there is no on -street parking. There's very, very little parking. You have to circle for hours sometimes before you can find a space. We need more off-street parking, not less. Vice Chairman Gort: Thank you, sir. Thank you. Anyone else in opposition to this item? Being none, close the public hearing. And let me tell you. My experience -- I've been on 81h Street since 1954 and I've seen the changes that have taken place. I've seen it go up and go down and thanks to the work that Commissioner Sanchez had done in that area and Commissioner Regalado, that area is coming back again, and I know we have to apply certain rules to retail and so on, but I have the experience that every time I've gone to the El Bodegon and Casa Juancho, I don't like to have valet parking. I've always been able to find parking right on 8th Street. This type of retail shop does not need that volume. There's not that many people going to the retail and I don't know if, when you analyze retail and you set up your parking for retail, you analyze the type of business and the type of individuals that will be going to this shop. I personally will not have any problem in approving this. I think this will be an improvement for this area and I think this will be an improvement for this gentleman's apartment that he's worrying about. So, I really, personally, do not have any problems. It's not my district, but I'll let the Commissioners of the district -- Commissioner Sanchez. Commissioner Regalado: Question. I have a question. 123 April 26, 2001 Vice Chairman Gort: Yes. Commissioner Regalado: Because District 4 starts across the street from Joe's district. Just a question. You'll be open from what time to what time? Mr. Capo: The customers from 10:00 in the morning to 9:00 at night. Commissioner Regalado: OK. Let me tell you why. There is a problem now in the south side of Southwest 8th Street with some prostitution. The police is doing what they can, but it's still there. I will tell you that such a beautiful place, with lights, with people, until late at night, will make them go away because crime is nowhere to be seen where there is light, where there is people, and I think it will be an enhancement to that area. I really do. And I -- I'm also in favor of that project. Vice Chairman Gort: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, thank you. First of all, let me just talk a little bit about the history. To start off with the history of El Dorado and la familia Capo, who have been there. One of the few exile companies that started Calle Ocho and, from what I hear -- I don't know if it's true and this is just irrelevant here -- is that you would give furniture in those days, and they pay later. What they're doing now -- but those are different times. Vice Chairman Gort: Well, you get a year's finance. You don't have to pay up to one year. Commissioner Sanchez: But looking at Calle Ocho and looking at what we have done for Calle Ocho -- and the Planning Department, in its way -- and this is a very tough call for me. It's a very tough call for me. But if you look at Calle Ocho, where we have been able to do -- and that picture right in front of me says it all -- if you look at in front of the business establishment, you have Casa Juancho. Casa Juancho, right now, is considered to be one of the best restaurants in Calle Ocho. Of course, Felipe Valls owns most of the good restaurants there. The building across is the street, which was just painted by the facade about six or seven weeks ago, maybe like four months ago, the building looks much better, the one across. If you look across from the building, you have El Bodegon, which is basically closed right now, and was struggling to keep abroad. But if you look at the businesses around it, you have (inaudible) to the left, I believe. That Sedano's is considered to be one of the busiest -- Sedan's on 8th Street and 8th Street, through the process of giving it a revitalization renaissance, an area that, at one time -- certain areas were flat -lined, economy wise -- economically wise. Now, we look at this project that's coming up -- and how many people will you be employing when you're done there? Mr. Capo: It's about 20 employees, more or less. Commissioner Sanchez: Twenty employees. More than what you have there now Commissioner Regalado: Make the motion. Come on. Commissioner Sanchez: Motion to approve. 124 April 26, 2001 Commissioner Regalado: Second. Vice Chairman Gort: Motion. Is there a second? Joel E. Maxwell (Assistant City Attorney): Commissioner. I'm sorry. But I must still ask that you have the applicant address the issue of hardship. Commissioner Sanchez: Yeah. Somehow or another you're going to have to state on the record some type of hardship. Now, let me ask you something. If you -- Mr. Capo, if, for whatever reason, you're not able to do your business or whatever -- you close shop tomorrow -- it's irrelevant but you close shop tomorrow. A supermarket could come there or a larger business could come there that may not even require the parking lot, which smart shop ... Ms. Slazyk: No. The parking is related to square footage, which they -- the hardship that they claimed was the nature of the use. Commissioner Sanchez: Well, this company sells a lot of furniture. Ms. Slazyk: Huh? Commissioner Sanchez: This company sells a lot of furniture. Ms. Slazyk: Yes. You know, the issue was that furniture takes up more space than people and, therefore, you don't need as much parking. But if it were ever converted, there would be a shortage. There would be a shortage. Commissioner Winton: If it were converted to a grocery store, for example, you would, in fact, have a parking shortage. And I think that's the only issue here that makes you nervous. I mean, having El Dorado Furniture expanding in that neighborhood is -- would be wonderful. You just - - but you have to -- you know, there is this little detail of weighing the long-term effect. Mr. Capo: Well, the hardship that we see is other counties and other cities within this South Florida area have changed their use for furniture, specifically, and that's where the hardship comes in. I mean, we've been characterized as a retail business. Now, the fact that -- there's some information in front of you where basically you have the supermarket kind of game and all that kind of stuff, as far as parking and spaces and everything else. Vice Chairman Gort: The problem in here is, when you relate it to any other retail businesses, the amount of individuals going in to make this business go is a little different from this. The average ticket for any other business could be anywhere from five to a hundred dollars. The average ticket in here, you're talking about a thousand dollars ($1,000). You're talking about less people to make it possible and that, in itself, is providing a hardship for this type of retail shop. Commissioner Winton: There is -- you know, there is a way to potentially have our cake and to eat it, too. That is, to protect the long-term success of the neighborhood, if the furniture store 125 April 26, 2001 closes, and the way you do that on a site like this is require the owner of the building, if they decide to close El Dorado Furniture and move out, that they have to reduce the size of the building to then match up with the parking requirements for standard retail, and... Mr. Capo: I would -- on that particular case; there are other options without necessarily saying reducing the size of the building. Eventually, if some -- if we would, in fact -- God forbid, we close the shop, somebody can literally maybe do second parking and do go up or whatever. So, you have to be careful with how you word it so it doesn't become a hardship for somebody else coming behind or else, himself, trying to, you know, get the other building, whatever. Commissioner Winton: Could you do it so that this becomes a condition that if El Dorado Furniture goes away, that the ... Ms. Slazyk: The variance goes away. Commissioner Winton: That the original parking requirement Mr. Maxwell: No. But it runs with the land. Can't do it that way. That wouldn't be the way to do it, unless they wanted to voluntarily proffer that. They want to volunteer that, as a condition, that... Commissioner Winton: Volunteer what? Mr. Maxwell: As a condition. Vice Chairman Gort: A covenant. Mr. Maxwell: Which is what you just requested. Commissioner Sanchez: Mr. Capo, would you volunteer that as a condition? If you were to sell the business, it would come back ... Vice Chairman Gort: You volunteer to do that? Mr. Maxwell: They would have to enter into a covenant that would... Commissioner Sanchez: You would have to enter into a covenant. Mr. Capo: That could be a thought. I would hate to -- as a businessperson, I would hate to put a condition on the property for other use. I mean, there are other uses that we can do, other -- which -- were recommended by Lourdes and their staff, which is actually acquire extra lots in the future to accommodate the parking and so forth. I mean, when we're talking about reducing the building and all that kind of stuff, it's a lot of iffy. So ... Vice Chairman Gort: No, no. The covenant will state -- and correct me, Commission -- Mr. Attorney, your covenant is, if you were ever to not have a furniture store in there, whatever 126 April 26, 2001 business will go in, will have to comply with the parking requirement. In other words, if you were to move your furniture store out -- you don't have to touch your furniture. What you would do, you would write a covenant with the people who had to comply with the required parking. OK? Mr. Capo: That's good enough. Commissioner Sanchez: So, do you agree to that on the record? Mr. Capo: Yes. Yes, I do, on the record. I agree with that. Commissioner Sanchez: So moved, with those conditions. Commissioner Regalado: Second. Commissioner Winton: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-360 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), GRANTING THE APPEAL AND 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 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO WAIVE 45 OF THE REQUIRED 128 OFF-STREET PARKING SPACES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2450, 2460, 2468, 2490 SOUTHWEST 7TH STREET AND 703 SOUTHWEST 25TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," CONDITIONED UPON A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 127 April 26, 2001 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort NAYS: None ABSENT: None Vice Chairman Gort: Thank you. 128 April 26, 2001 30. CONTINUE CONSIDERATION OF APPEAL OF ZONING BOARD DECISION WHICH DENIED SPECIAL EXCEPTION TO ALLOW MINI -STORAGE FACILITY FOR PROPERTY LOCATED AT 5201 SW 8TH STREET. Vice Chairman Gort: Question. Item 10. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -10 is also an appeal of a special exception that was denied by the Zoning Board, but the Planning and Zoning Department recommended approval. It is to allow a mini storage facility at 5201 Southwest 8th Street. For this particular item, I'd like you to look in your packages. The Planning Department worked very hard with this applicant to make sure that the mini storage facility, because of its location, didn't look like one. It looks like an apartment building. It is -- it borders a neighborhood, as a use, it is a use that residential areas need. A lot of the homes in the area here were built a long time ago. They're smaller homes. People need extra storage. This is on 8th Street. It's a commercial corridor and it looks like an apartment building. The only condition that we would add, above and beyond what we already recommended for this project, is that the signage be modified from what's in your package to be individually mounted letters instead of a box sign. That would help to, again, keep a residential low-key type appearance to it. We believe that it's appropriately designed; appropriately sighted. We even worked with them to make sure that all the ingress and egress and the parking were internal to the project. It's not going to be outside parking lot. It's going to look completely residential. So, we would recommend reversing the Zoning Board and granting the appeal. Commissioner Winton: I have one question in terms of your recommendations and that is that one of the things that's happening on Southwest 8th Street, that's probably is as exciting as anything, is that we are seeing people come back to the street, pedestrian activity on the street, which is the kind of thing that we all know make cities work, and is there any -- I don't know how long this is. I mean, is this a half a block or one block or quarter of a block long? Ms. Slazyk: It's a little over half a block. Commissioner Winton: So, it won't have any impact in terms of people walking by, whether or not there's any ... Ms. Slazyk: Not really. As long as the trees Vice Chairman Gort: Excuse me a minute. Could you please ask the meeting that's taking place outside to take it out some other place? Thank you. Go ahead. I'm sorry. Ms. Slazyk: If the trees are done -- you know, if they're big enough and it's shade trees, as long 129 April 26, 2001 as it's a walking -- a pleasant walking environment, it isn't going to -- it's not big enough to disconnect the pedestrian. Commissioner Winton: Thank you. Vice Chairman Gort: Johnny, my understanding is, in that section of Southwest 81h Street is completely different. When you really have a lot of walking taking places west of -- I mean, east of 27th Avenue, which is -- that's why the Latin Quarter was created and so on. This is a more commercial and automobile transit than pedestrian in this area. Is anyone in opposition to this item? Is anyone in opposition? OK. We'll make the... Commissioner Regalado: I've got a question here. Vice Chairman Gort: Go ahead. Commissioner Regalado: Lourdes, I thought that, in that lot, there was going to be an apartment building, or so we were told some... Ms. Slazyk: I hadn't heard there was an application that I know of, but an application for an apartment building would not have come to the Planning Department, unless it needed a special permit or a variance. The property is zoned C-1 and a mini storage facility is permitted under C- 1 by special exception. What we do for a mini storage facility in C-1 is look at mitigating conditions. The apartment never came back, I'm being told. There is no -- I mean, this is the application pending. The mitigating conditions that we put on this were things that we worked out with the applicant early on, like what the building looks like, make it compatible, visually, with the neighborhood by making it look like an apartment building, and the ingress and egress of the cars and the vehicles that are going to be bringing things to and from the mini -storage. And, again, if you look in the package at your plans, all that's internalized to the project. The impact of the street to the neighborhood has been mitigated through the design. Commissioner Regalado: How will you do that? Ms. Slazyk: Well, that's how they did it. The design... Commissioner Regalado: No, I mean the impact of traffic, in terms of.. . Ms. Slazyk: It's all internal. They're not going to be having big commercial parking lots open to the air. It's under the building. The cars come in and it's all internal to the project, so there is no visual impact. 130 April 26, 2001 Commissioner Regalado: How many residents abut that property? Ms. Slazyk: There are four properties that abut this property on the rear, but they meet their setbacks, they meet the separation. They're not asking for any variances. Vice Chairman Gort: Why is it a conditional use if it's a commercial area? Ms. Slazyk: Because of the mini -storage. We want to look at where cars come in and out and truck and loading, and the visual impact... Vice Chairman Gort: So, in other words, any other business is going to go in there and will not have to go through all this. They have to go with you? Ms. Slazyk: We would have never seen it. That's right. Vice Chairman Gort: Because there's something special and different, it has to go through all the other conditions? Ms. Slazyk: Yes. Vice Chairman Gort: OK. Ms. Slazyk: And, then, when they came in with the application, that's when we met with them and we said, you know, we want it to look like this; we want it — you know, we want to make sure the traffic is taken care of, and it was all handled through design. Vice Chairman Gort: OK. Thank you. Yes, sir. Mr. Robin Lukacs: Robin Lukacs on behalf of the applicant, with an address of 1701 South Miami Avenue. As Lourdes has mentioned, the applicant has met with the City on this application for special exception for this permitted use within the C-1 area, and they spent a substantial amount of time redesigning the facility, the location of the facility, meeting certain height requirements. There are no height limitations in the area, but it's been stare -stepped to assist the residential neighborhood, which abuts in the back. There is a 14 -foot alley, which actually separates this property from the residential neighborhood. With regard to visual impact, the fagade has been redesigned on this facility to make it more conducive to the environment. Across the street, on the north side of Stn Street, is a local supermarket; catty -corner to this facility is Vencor Hospital; across the street are some commercial apartments, formerly an apartment building, a residential. It's now been converted into commercial office use. All of the internal parking, all of the internal loading and unloading is going to be conducted within the 131 April 26, 2001 facility, underneath the facility, without any public view from the right-of-way. No industrial uses will be made on this property. That was a prior concern. Although, this is a mini -storage facility, there will be no commercial uses. It's going to be mainly for the residential neighborhood, for this surrounding residential neighborhood. It is a beneficial use, as was found by the Director of Planning and Zoning. The demographics that have been conducted by the applicant actually support this use for the surrounding neighborhood. No hazardous materials will be permitted in the facility, and, so, we want to give you certain assurances as to those. Actually, traffic was a question and I'd like you to know that this is a low traffic type of facility. We will not be creating or generating any great traffic usage out there. Across the street, a local supermarket has a substantial amount of traffic and by putting in a facility such as this; we believe it helps the area by minimizing any impact upon the traffic in the roadways. The zoning code says that a facility such as this would be ideally located upon an arterial roadway, which it is, Southwest 8th Street and Southwest 52nd Avenue being on the corner. The applicant has spent a substantial amount of time and will be spending a substantial amount of money, approximately two hundred and fifty thousand dollars ($250,000) in the redesign of this facility to meet the requests of the City of Miami Planning and Zoning Department, that is to create a facility which compliments 8th Street and which has a good view to the public rights -of way. And the applicant has agreed to do all of this. And, as I said, it is a substantial expense, which the applicant is willing to do. A state-of-the-art security system is going to be incorporated into the facility. They're going to have closed circuit television, maintaining good security levels so we won't have any crime in the area; safety lighting will be incorporated as well. Commissioner Regalado: What would be the hours of operation? Mr. Lukacs: The hours of operation for this facility will be Monday through Saturday, 7:00 a.m. to 9:00 p.m. and Sunday, 9:00 a.m. to 5:00 p.m., and those hours are actually narrower or less than those hours on the La Roca Supermarket, which is directly across the street. La Roca presently operates from 7:00 a.m. to 9:30 p.m., Monday through Saturday, and on Sunday from 7:00 a.m. to 8:30 p.m. Vice Chairman Gort: Thank you, sir. Those in opposition. Ramiro Rivera: Good evening. Thank you very much. My name is Ramiro Rivera. I represent Montes de Oca Pizza, 5241 Southwest 8th Street, which is the property directly next door to this one here. Beginning 1999 we underwent the Southwest 81h Street Project and was a tremendous burden on the entire community, everything that went on, but in the end, the street looks better. There's more movement. The businesses are coming back. We're starting to recuperate. And throughout the whole process, from the Governor to Commissioner Regalado, to all the Commissioners who took part the year round the project was going on, we're trying to make a comeback, and then we had a positive input in trying to get the businesses to continue growing, 132 April 26, 2001 to bring people to the neighborhood to continue buying. I know property values have gone up because of the fact that the street itself, the main artery is as healthy as it is, and that's always a buying incentive for someone who wants buy a home in the neighborhoods. This type of building is doing nothing for the neighborhood or the community. The community at large, in and around the building, are private homes with yards, sheds, plain storage. I think you'll see by the outcome of people here, blue collar working people, who are currently aren't even home at this hour, will continue working, and in my opinion, if someone has to work until this hour to maintain their home, they're not going to have enough money to put away storage, but directly across the street is Coral Gables and I think that's what target is for these people and the incentive. They're not allowed to store things in their back yards; they're not allowed to have sheds; they're not allowed to have these things, and neither is this type of building is allowed in Coral Gables because it's unsightly. So, the few six -story buildings that you'll see from the Palmetto to the college, if I'm thinking correctly, there are no other six -story buildings, and less a mini -storage. This is a hundred and some odd spaces, with 14 parking spaces underneath. One Saturday or Sunday, this could be a tremendous impact on our neighborhood, on the children playing in and around the building, granted there's a supermarket that's been there for years, and you know, when you have something there for years, you become accustomed to it; you work around it; you know it's there; you educate yourself to the fact that it's there, and now we're bringing another tremendously large entity into the community. I don't see where a hundred and some odd units and 14 parking spaces isn't going to impact the area. To me, it's going to be a tremendous impact. I know everybody that's going to — you know, lives in and around the building. The other thing is that I doubt the four or five properties that are behind the building are going to want to get up every morning and look at a six-foot structure in their back yard. There's going to be a tremendous impact on property value. It's going to be an impact on my property, on my business; it's going to be a direct impact on the people behind, tremendous impact, I would imagine. There's another issue, which I'm just going to touch on slightly. The property used to be a gas station. It's a property that's heavily contaminated and throughout this whole entire process, no one, on their part, has addressed this issue or has made an effort to present either DERM (Department of Environmental Resources Management) or any other federal agencies as to how this clean-up is going to be brought about or whatever. Vice Chairman Gort: My understanding is, if they have problems with DERM (Department of Environmental Resources Management) and there's a contamination, they will not get a permit. They can't get a permit. Mr. Rivera: No. That's not what DERM (Department of Environmental Resources Management) tells me. That's not what DERM (Department of Environmental Resources Management) tells me. As a matter of fact, DERM (Department of Environmental Resources Management) has been trying to get a hold of them since last month and there's been no response, OK, and that issue bothers me, and I know about this personally because, as the project 133 April 26, 2001 was going on on the corner of 52nd Avenue, they put a drain in. This drains about 100 yards from my business. They dug five feet down. I'm sitting in my office and I said gee, you know, I think someone's tank ruptured in my parking lot. I went outside. There was three or four cars out there. I looked around. It wasn't coming from my parking lot. When I walked to the corner, the residue of gasoline and petroleum that was at a five-foot level was overwhelming. The odor, again, a hundred yards from the hole, was incredible. Was incredible. What's going to happen when they start disturbing the dirt and the drain? That's another issue. But what I don't see also in the front of this building is the actual name of it, which is also pretty impressive, which says -- give me a second here -- Gables Edge Storage. Gables Edge Storage. That's the name of the building. And if that doesn't tell you that they're targeting people who do not live in the area, but the people who actually live right across the street, I don't know what else does. This is not anything for the community. The community has not been thought of in any way or form during the whole process, from A to Z. There are a lot of open ends here. There's a lot of things that are -- just don't do anything for the community. Nothing at all. And I don't understand what a six- foot storage facility would fit into our community. I really don't. Thank you very much. Vice Chairman Gort: Thank you. Anyone else? Joel E. Maxwell (Assistant City Attorney): Mr. Chairman? Vice Chairman Gort: Yes. Mr. Maxwell: Just for the record, most of the comments made just now were relevant. That last comment was not relevant about the neighbor and ... Vice Chairman Gort: No. I understand. You have to let people speak what they want. Mr. Maxwell: I understand. Vice Chairman Gort: Yes, ma'am. Ms. Natalie Marie Leon: Natalie Leon. I am a property owner directly behind the proposed six - story storage unit, and I am here just to say that I... Commissioner Winton: What do you own behind there? Ms. Leon: Excuse me? Commissioner Winton: What do you own? 134 April 26, 2001 Ms. Leon: A home. Commissioner Winton: Single-family home? Ms. Leon: Yes. Commissioner Winton: OK. Thank you. Ms. Leon: Three-bedroom. My property value will depreciate and because I have heard of the contamination, I'm also concerned about that. I have a four-year old son that plays in the back yard directly behind -- in that alley that was pointed out, and I just wanted to present that. Vice Chairman Gort: Thank you, ma'am. Ms. Leon: Thank you. Vice Chairman Gort: Question, staff. Yes, sir. Carlos Gil: My name is Carlos Gil. I am the President of Gil Enterprises. We're developers in Dade County. Vice Chairman Gort: Your address, please, sir. Mr. Gil: I'm sorry, sir? Vice Chairman Gort: Your address. Mr. Gil: 409 East San Marino Drive, Miami Beach. Our office is in Miami, and we own quite a few properties in the City of Miami. In fact, I would say that 95 percent of the properties that we own, they all located in the City of Miami. I own the property adjacent to the property. I think what we're missing here the point -- the most important point that we have to bring up here -- and I see that you feel very strong about this because what -- I've been sitting here for a little while and I heard about all the -- how hard you people work on 8th Street and the project and what you people were able to make out of 8th Street, what 8th Street is today. As a matter of fact, we owned a lot of properties on 8th Street. I think what they're trying to do, they're trying to make an industrial section out of what has no variance whatsoever with the rest of the merchants, with the rest of the buildings -- this is something that will not mix at all. I'm not concerned about the fact of the height or the setbacks or the parking. This is like taking an office complex and then having a car lot dealer right in the middle of that complex. It's a complete totally out of mixture, when it comes to what you should be or what you should have there. I think that what you 135 April 26, 2001 people were able to accomplish on 8th Street is like this boulevard -- corridor in which you have retail offices, businesses, and now you're saying we don't want this anymore, after we spent all this money and after we spent all this time and after we spent what we spent, and after the hardship that the merchants had to go through for more than two years. Now we're going to convert this into an industrial because, in my book, being in that building for 32 years and many warehouse falls under the category of industrial and this is not industrial. This is strictly C-1. It's not even a C-2, a C-3 or C-4, nothing like that. You're jumping from C-1 to industrial. I think this is completely absurd. I don't -- it would be -- thank you very much. Vice Chairman Gort: Thank you, sir. Anyone else? Anyone else to speak in opposition? Being none, you have a few minutes for rebuttal. Mr. Lukacs: First, I'd like to say that this is a permitted use under the C-1 restricted commercial zoning code. We're only here on the denial of an application for special exception. We're not seeking any variance from the current requirements of the -- and specifications of the Zoning Code. In fact, this facility design meets and exceeds all of those requirements, setback and floor area ratio, parking and what have you. The use of the property is not an industrial use. That word wants to be used, but that's not what is occurring here. It is not permitted in the area. This is a mini storage facility. Typical size units of five feet by five foot -- five by ten foot, which will be used by the residential neighbors. The demographics of the applicant support the use of this facility in the area. With regard to height, there is no height restriction on this property. If we wanted to, the applicant can move forward with regard to a residential facility, put a parking garage and build their residential facility on top of it and far exceed the height of this structure as being presented right now. That could be seen down on 8th Street, at approximately 23rd Avenue, where a new facility is going up on the north side of the street, and is approximately14 stories. We are not proposing any such use for this property. In fact, we've even been sensitive to the needs of the neighborhood by stepping back the height of this facility, as it abuts the residential neighborhood. Coral Way architects, Albert (inaudible), the responsible architect has designed this facility, can show you on the map here that it's actually with the area that abuts residential neighborhood, it is a stair step back from a four-story, transitioning into the higher up portion of the building, which then fronts on 8th Street. There is some other comments that I don't feel warrant any response. Coral Gables is not an issue here. This is a City of Miami property. This applicant is located within the City of Miami and they're seeking approval from the City of Miami for a use which is permitted under the zoning code, only needs to come based upon an application for special exception, to be sure that it meets the Planning Department requirements, and it has. The analysis for special exception submitted by the Planning and Zoning Department says, it is found the proposed mini storage facility will be beneficial to the area in providing a much-needed service to the general service. It is found that the proposal is an appropriate use for C-1 restricted commercial zoning designation. It is found that the plans submitted comply with all zoning requirements, including parking and open space. It is found that the proposed facades 136 April 26, 2001 are well designed and are appropriate. It is found that the plans submitted by the applicant are in compliance with respect to all other criteria listed in section 1305 of Zoning Ordinance 11000. Based on these findings, the Planning and Zoning Department is recommending approval of the application as presented. Vice Chairman Gort: Thank you, sir. Excuse me. We have a system here. If anybody would like to ask you a question -- any board member will ask you -- a question of the gentleman. Go ahead, sir. But I don't want to have rebuttal back and forth because we can't be here all afternoon. Mr. Gil: I understand. I understand. This is -- they're talking about exception under the C-1. It is true, they can do -- they can apply, but that doesn't mean that -- the fact that they're -- this is going to be comparable to the industrial use. So, in other words, it's an exception to the rule that it can only be allowable as long as it will make sense. So, this is all I wanted to add onto the ... Vice Chairman Gort: Thank you, sir. Planning. Now, we'll close the public hearings. Comments -- two questions. Once again, I'm going to go -- what can be built in there right now? Forget about that. Ms. Slazyk: C-1? Vice Chairman Gort: Yes, C-1. Vice Chairman Gort: How high can it go and what can go in there? Juan Gonzalez (Chief Zoning Inspector, Planning and Zoning): Juan Gonzalez, Planning and Zoning. Right now, C-1 allows unlimited height of residential retail, restaurants, and, in fact, prior to this application, there was -- they came in for a proposed apartment building and never came back, but C-1 would allow multiple uses, including a mixed use. Vice Chairman Gort: OK. Thank you. Question on DERM (Department of Environmental Resources Management). Commissioner Regalado: That's why I asked -- excuse me. That's why I asked about the apartment building, because I new about the apartment building. They said at the beginning that apartment building was going to be built there. Mr. Gonzalez: Correct. The interested parties never came back. So, apparently, it didn't come to fruition during the negotiations. 137 April 26, 2001 Vice Chairman Gort: The market wasn't there for it, guys. Let's face it. Market -- now, do I have a question. My understanding, that corner, that's where the gas station used to be, and my understanding, the gentleman stated that people can go -- and that's not my understanding, so I want clarification on this, that if there is contamination, we, the City, can't allow the people to go ahead and build and not take care of the contamination. Dena Bianchino (Assistant City Manager): The procedure is that, before they get their building permit, their plans have to be signed off by DERM (Department of Environmental Resources Management). Vice Chairman Gort: In other words, nothing can be built there unless DERM (Department of Environmental Resources Management) agrees and there's no contamination, and if there is, it has to be cleaned up; am I correct? Mr. Maxwell: They have to meet all EPA (Environmental Protection Agency) regulations. Vice Chairman Gort: I just want to make sure that's stated on the record, so the people understand. OK. Comments, board members? Questions? Motions? Commissioner Regalado: Yes. Thank you, Mr. Chairman. Motion to deny the appeal. Commissioner Teele: Which item is this? Commissioner Regalado: Item 10. Vice Chairman Gort: It's a motion to deny the appeal. Commissioner Sanchez: Second. Vice Chairman Gort: Motion and a second. Discussion? Commissioner Teele: Mr. Chairman? Mr. Maxwell: This is iteml0? Vice Chairman Gort: Yes, sir. Mr. Maxwell: If you -- the Zoning Board, just for clarification purposes, Mr. Chairman... Commissioner Teele: I'm a little -- could you help me, Mr. Maxwell, and Ms. Slazyk ... 138 April 26, 2001 Mr. Maxwell: The Zoning Board denied this request for special exception. What you have before you now is an appeal of that denial. If you want to uphold the Zoning Board, therefore denying the application, then you would, of course, vote to deny the appeal. If you wanted to allow that use, you would vote to reverse the decision of the Zoning Board; therefore, granting the appeal. There was a motion to deny the appeal. Vice Chairman Gort: There's a motion and there's a second. Any further discussion? Commissioner Sanchez: Call the question. Vice Chairman Gort: Before I call the question, I'd like to make this statement. Once again, which I believe is very important, my understanding is, this application has to go through a stream because of the special condition, stream conditions that you impose to it. My understanding, anyone else can go in there and build a six-, seven -story high building, according to the park and all that, which will create more traffic and so on, and within that area. At the same time, the (inaudible) landscaping, you have asked, required to be put in there is not -- would not be part of it. An example I'd like to bring is, 22nd Avenue and Dixie Highway. If you go to 22nd Avenue and Dixie Highway, we had vacant lots in there, which we had several petitions in here with the -- the people were against drive -up tellers. We had a couple of banks that wanted to put up a drive-by teller with one-story building, where the people come in and make the deposit. Well, the neighbors came and they denied it. They didn't want it. And we went for it and if you have a chance, go by 22nd Avenue and Dixie Highway and see what's building there now. So, that's a different ball game. So, I feel, I would not be in favor of this. Commissioner Teele: Well, my concern is, first of all, we have a five to four vote and lower, is that right? Vice Chairman Gort: That's correct. That's right. Ms. Slazyk: That's correct. Commissioner Teele: Which is... Commissioner Winton: We have a what? Vice Chairman Gort: At the Zoning Board, it was 5/4. Commissioner Winton: Oh. 139 April 26, 2001 Commissioner Teele: Which is essentially a tie. You have the Planning director's recommendation to grant; am I correct, to grant the use ... Ms. Slazyk: Grant the use, yes. Commissioner Teele: The use -- yeah, grant the use with the landscaping, the dah, dah, dah, dah, dah. But I'm just -- I'm a little bit concerned that -- what is the basis for the denial? What would be our basis -- give me the standard for the denial. Ms. Slazyk: For the denial, you would have to look at the criteria of 1305, which we quote often. You would have to find reasons of, you know, drainage or traffic or ingress or egress, or potentially adverse affects generally. If there's something in this scale in character and manner of operation, that would have an adverse affect... Commissioner Winton: All the same things we've discussed last night. Mr. Maxwell: You'd have to have testimony on the record to support that. Commissioner Winton: At length. I remember a vote on those same issues last night coming from that end of the dais, Commissioner Regalado. Commissioner Teele: That's why I'm being troubled, because... Commissioner Regalado: No, no, no, no. Let me tell you this, Johnny, because I think that you are... Commissioner Winton: I'm curious to hear this. Commissioner Regalado: You're comparing avocados with mangos here, instead of apples and ... let me tell you: You were talking this morning about a clinic in Brickell, which... Commissioner Teele: This morning? Commissioner Regalado: Yes, this morning. About a clinic in Brickell, which cater to the rich and the beautiful. I was talking about a clinic with crazy people urinating in right the front doors of neighbors in that area. Commissioner Winton: You're missing the point, though, Commissioner Regalado. Commissioner Regalado: No, no, I'm not missing the point. 140 April 26, 2001 Commissioner Winton: It isn't those uses that's at issue here. It's... Commissioner Regalado: No. The issue here -- and the issue here is not about the size of the building. It's not even about the design of the building. It's about having in Southwest 8th Street another thing, a better thing, and I think that they can do better. I think that -- you know, I would be happy with an apartment building. I would be happy with an office building for doctors and attorneys and lawyers. I would be happy with -- it's only two blocks away -- you have two beautiful stores that sell lamps and light. You go by that place during the night, and it's like Christmas 365 days a week. And this is a mini -storage and I really appreciated what they're trying to do, come here to the City and do that, but I cannot see the future. This is -- I mean, if they -- if you tell me, oh, they're going to change the whole building, the structure, and they're going to build like another Atlantis in there, but it will still be a mini warehouse, I still be opposed. So, I'm not opposed to the thing that you're talking about. I'm opposed to the use. Commissioner Teele: Could I just see the site plan while they're talking about this? Commissioner Winton: Commissioner Regalado, I... Commissioner Teele: Could I just see what the architecture, again, looks like? Could you hold it up? I can't see it. We need an easel. Vice Chairman Gort: The one thing you need to look at is how long has that been vacant? It's been a lot more than three years. Mr. Gonzalez: Almost three years. Vice Chairman Gort: It's been a lot more than three years. Mr. Gonzalez: Yeah, yeah. Vice Chairman Gort: I go by there quite a bit. It's been there vacant for a long time, and that's a prime corner, let me tell you. Eighth Street, on that corner, is a prime corner. They've had a lot of buyers and nobody's been able to build anything because -- and you're in the business. You're business people. The market is not there. OK. Commissioner Winton: Commissioner Regalado, I have to completely... Commissioner Regalado: Johnny... 141 April 26, 2001 Commissioner Winton: --agree with what you just said because what you're objecting to is a use that's not in keeping with the character of the neighborhood that you're looking for, and I agree with that wholeheartedly. That's the point I've made every single time I've talked about these things and I've tried to reject in my neighborhood what you seem to vote for every time. I'm in complete agreement with you here. Commissioner Regalado: Not at all. Not at all. Because, if you remember, the neighborhood only rejects the work, not the use. They would like the clinic, but not the work of the clinic. That's what my understanding is. Commissioner Winton: No. They were really getting at -- it was only a tool to get at the real issue, which was the whole issue of landscaping in that whole deal. Joel E. Maxwell (Assistant City Attorney): Commissioner, pardon me. Vice Chairman Gort: I promise we'll have another day where we will have... Mr. Maxwell: (Inaudible) litigation. Commissioner Winton: I can answer the question that he asked me. Mr. Attorney, I can answer the question he asked me. The Chairman can decide, I can't. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: We're going to have... Commissioner Teele: Mr. Chairman, I think we should all be cognizant, though... Mr. Maxwell: What I was going to advise you... Commissioner Teele: -- that this is a record of a quasi-judicial proceeding about this item that's before us. The record that we're making, when we talk about other items, really leaves it a little bit confused, perhaps. Vice Chairman Gort: I promise you, we'll have a workshop ourselves, with the Planning Department, our Zoning Department, to go overall these items in a different places. Commissioner Teele: This is -- but, you know -- the building itself is a rather handsome building. I mean, that's -- I'm not sure which way I am on this Atlantis revisited, but I think we are supposed to really focus in on the compatibility in the neighborhood and the traffic. 142 April 26, 2001 Vice Chairman Gort: Let me ask you a question. For the sake of saving and -- like I said, I'm the oldest one here and I've seen a lot of these cases. Commissioner Regalado: Well, you're here -- the one with more time on the Commission, not the older. Vice Chairman Gort: The more time and I'm the oldest too, and the more time the Commission (inaudible) why don't we continue this item. Let's have a chance of these individuals get together with the people in opposition and let's look at all the different alternatives before we make a decision today. I personally think -- my personal feeling is, this is a great benefit. You have a spot that's been empty for so many years; it's unbelievable. Don't make your head. Because I go by there everyday; I know the place very well, and businesses are there -- you haven't had any new construction there in a long, long time. So, why don't we -- instead of denial, why don't you have a deferral and have a chance to get together and talk to the neighbors and show them what the intent is? Commissioner Teele: Mr. Chairman, I don't know if the district Commissioner will make the motion ... Vice Chairman Gort: I'm asking that to the maker of the motion. Commissioner Teele: I'll be happy to make the motion to defer, unless you strongly object, Commissioner Regalado. Mr. Maxwell: You have a motion to second on the floor, I believe. Commissioner Teele: Yeah, but doesn't a motion to defer take precedence under Robert's Rule... Commissioner Sanchez: No. Mr. Maxwell: No, sir, I don't think so. Commissioner Sanchez: No, it doesn't. Got to vote it down. Commissioner Teele: Well, you can withdraw it, too. Mr. Maxwell: He can withdraw his motion. Commissioner Sanchez: We'll withdraw it. 143 April 26, 2001 Vice Chairman Gort: Withdraw the motion. Commissioner Regalado: I don't have any problem to come back on the 24th, if that is the case. I don't have any problem at all. Unfortunately, some times -- this, frankly, caught me by surprise because I didn't have any information, other than what I saw on the background material, but it's -- I didn't know about the residents, nor about the project itself. I always thought that we are -- we were going to approve an apartment building there. That's what I thought. I was told several months ago, almost a year ago. So, I don't have a problem of withdrawing the motion and continuing to May 34th (sic) -- 24th. May 24th. Vice Chairman Gort: Does the applicant have any problems with that? Mr. Lukacs: Applicant has no objection and would welcome a continuance to the 24th Vice Chairman Gort: OK. My suggestion is, get together with the neighbors also, not only the business right next to you, but get together with the people that live in the area. That's very important too. The residents that live in the area. I think... Commissioner Teele: And in fairness to the neighbors that are here, can we try to have the item up early so that we don't waste a lot of their time? Vice Chairman Gort: I think, as a courtesy -- be the first item on next -- next time or, if they want a time certain, we'll do it at six o'clock so all the people can be here. OK. Make sure you get together with your neighbors and make the presentation to the neighbors. Make sure... Commissioner Sanchez: Well, time certain after 5 p.m. Vice Chairman Gort: Time certain after 5 p.m., so all the blue collars could be here. No problem. Okey doke. Commissioner Teele: Second the motion. Vice Chairman Gort: Do I have a motion to defer? Mr. Maxwell: Continue. Vice Chairman Gort: It's continuing to the 24th Commissioner Teele: With no further notice being done. 144 April 26, 2001 Vice Chairman Gort: Right. OK. All in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-361 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -10 (APPEAL OF ZONING BOARD'S DECISION, WHICH DENIED A SPECIAL EXCEPTION TO ALLOW A MINI -STORAGE FACILITY FOR PROPERTY LOCATED AT APPROXIMATELY 5201 SW 8TH STREET) UNTIL THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 24, 2001, AFTER 5 PM, TO AFFORD THE APPLICANT (S) AN OPPORTUNITY TO GET TOGETHER WITH THE NEIGHBORS IN ORDER TO RESOLVE THEIR CONCERNS. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None Mr. Lukacs: Thank you for your time. 145 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): OK. PZs 11 and 12 are companion items for land use and zoning change for the property at 2744, 5284, 2800 Southwest 7"' Street, from duplex... Commissioner Sanchez: So moved. Commissioner Winton: Second. Commissioner Sanchez: Come on. We've got to get — we're never going to get out of here. Mr. Joel Maxwell (Assistant City Attorney): It's an ordinance. Commissioner Sanchez: It's an ordinance. Commissioner Winton: Read it. Commissioner Sanchez: There's a motion and a second. Read the ordinance. Mr. Maxwell: "An ordinance of the Miami City Commission amending the future land use map of — Commissioner Regalado: And that is supposed to be my district. I know. I know. I'm just... Commissioner Sanchez: It's all right. You and I share districts. You take three and I'll take four. I mean, we — three and four and four and three. Commissioner Regalado: OK. No problem. I'm happy. Commissioner Sanchez: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF PROPERTIES LOCATED AT APPROXIMATELY 2744, 2752, 2784, AND 2800 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM RESIDENTIAL DUPLEX TO MEDIUM- DENSITY/MULTI-FAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 146 April 26, 2001 was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. 147 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): Next is a companion, PZ -12. Commissioner Regalado: Ok. Oh, 12. I'm sorry. Move it. Vice Chairman Gort: Move it. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Is there any discussion? Is anyone in opposition on this item? Being none, roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF ZONING NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TO FAMILY RESIDENTIAL, WITH SD -12 BUFFER OVERLAY DISTRICT TO R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2744-2784 SOUTHWEST 7TH STREET AND 2800 SOUTHWEST 7TH STREET, MIAMI, FLORIDA; LEGALLY DESCRIBED IN ATTACHMENT `EXHIBIT A;" CONTAINING A REPEALER PROVISION AND, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 148 April 26, 2001 was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. Vice Chairman Gort: Thank you. Unidentified Speaker: Thank you, Mr. Chairman, Mr. Commissioners. 149 April 26, 2001 Vice Chairman Gort: PZ -13. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -13 and 14 are companion land use and zoning changes. For the properties for the land use, it's for the properties on — long list of addresses — 323-405 Northeast 19th Street, 340, 354, 357, 362, 365, 372, and 375 Northeast 20th Street, 340 and 360 Northeast 20th Terrace, and 2010 North Bayshore Drive, from high density, multi -family residential to restricted commercial. On PZ -15, which is the companion zoning item, is to apply — I mean, PZ -14 -- I'm sorry — companion zoning item, is to apply SD -6 central commercial/residential district to the property. Commissioner Winton: So moved. Commissioner Sanchez: Second. Vice Chairman Gort: Motion and second. Any discussion. At one time there was going to be — the North Bay South -- Shore Drive was going to continue, and there was an agreement with this property to continue the road. Is that still in here? Vicky Garcia -Toledo: Yes. Vice Chairman Gort: So, the street will still be dedicated to this? Ms. Garcia -Toledo: Yes. Yes, absolutely. That is part of the replatting, which should be before you over the next couple of months. Vice Chairman Gort: Thank you, Vicky. Is anyone in opposition to this item? Is anyone in opposition to this item? Being none, we'll close the public hearing. Commissioner Winton. Ms. Slazyk: He moved it. Vice Chairman Gort: Move it? Commissioner Winton: I already did. Vice Chairman Gort: OK. It's been moved. Is there a second? Commissioner Sanchez: Second. 150 April 26, 2001 Vice Chairman Gort: Second. Any further discussion? Being none, all in favor state by saying aye. Mr. Joel Maxwell (Assistant City Attorney): It's an ordinance, Mr. Chair. Vice Chairman Gort: It's an ordinance. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 323 AND 405 NORTHWEST 19TH STREET, 340, 354, 357, 362, 365, 372, AND 375 NORTHEAST 20TH STREET, 340 AND 360 NORTHEAST 20TH TERRACE, AND 2010 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS DESCRIBED ON ATTACHED "EXHIBIT A," FROM HIGH DENSITY, MULTI -FAMILY 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. was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. 151 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): Fourteen is a companion. Commissioner Winton: So moved. Vice Chairman Gort: Moved. Is there a second? Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Is there anyone here in opposition to Item number 14? Is there anyone here in opposition to Item 14? Show there's no one in opposition. Close the public hearings. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING PAGE NO. 21 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL AND R-4, MULTI -FAMILY HIGH DENSITY RESIDENTIAL, WITH SD -19 DESIGNATED F.A.R. OVERLAY DISTRICT AND SD -20, EDGEWATER OVERLAY DISTRICT TO THE SD -6, CENTRAL COMMERCIAL/RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1917-2025 BISCAYNE BOULEVARD, 2010 NORTH BAY SHORE DRIVE, 311-405 NORTHEAST 19TH STREET, 304-391 NORTHEAST 20TH STREET, AND 322-360 NORTHEAST 20TH TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED AND ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 152 April 26, 2001 was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. 153 April 26, 2001 Vice Chairman Gort: My understanding is, we can continue PZ -15 to PZ -16 to the 24th? Dena Bianchino (Assistant City Manager): You can continue, if you would like, PZ -15 through 26 -- Commissioner Winton: Why wouldn't we just get these done? Ms. Bianchino: -- to the 24th (inaudible). Vice Chairman Gort: It's your choice. We still have the regular agenda to go through. OK. Commissioner Sanchez: Well, here's a suggestion... Vice Chairman Gort: Go ahead, read it, go, 15. Commissioner Winton: I'm anxious to see the new plans. Lourdes Slazyk (Assistant Director, Planning and Zoning): Yeah, PZ -15. Mr. Maxwell: Did he move it? Ms. Slazyk: Yes. Commissioner Winton: Yes. Vice Chairman Gort: It's been moved. Is there a second? Mr. Maxwell: Commissioner... Commissioner Winton: Hello. Somebody second. Vice Chairman Gort: Hello. We need a second. Mr. Maxwell: Commissioner, you need to open and close the public hearing on that item Vice Chairman Gort: On which one? Mr. Maxwell: Fifteen. Each one. This is PZ -15. 154 April 26, 2001 Vice Chairman Gort: Right. Mr. Maxwell: I don't... Vice Chairman Gort: Is there anyone here on item PZ -15? Is there anyone here? There's no one here. Is anyone in opposition to Item 15? No one is in opposition to Item 15. There's no one here to oppose. Close the public hearing. A motion. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: PZ -16 -- it's an ordinance. Mr. Maxwell: There's nobody... Vice Chairman Gort: Read it. Commissioner Sanchez: Read the ordinance. Commissioner Winton: Roll call. Walter Foeman (City Clerk): Roll call. Vice Chairman Gort: Roll call. 155 April 26, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1650, 1651 AND 1675 NORTHWEST 2ND, STREET, 1639, 1651, 1658 AND 1670 NORTHWEST 3RD STREET, 1652 AND 1690 NORTHWEST 4TH STREET, AND 115-117, 191-193, 221, 227 AND 329 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX 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. Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12039. The ordinance was read, by title, into the public record by the City Attorney. 156 April 26, 2001 Vice Chairman Gort: PZ -16. Is anyone here for PZ -16? This is a second reading. Anyone in opposition? Being none, close the public hearing. Read it. Commissioner Winton: So moved. Joel Maxwell (Assistant City Attorney): You have to vote? Need a motion and a second. Commissioner Sanchez: There's a motion and a second. Walter Foeman (City Clerk): Need a movant. Vice Chairman Gort: There's a motion and a second. All of these are going to be moved by the same individuals. Mr. Maxwell: The Clerk needs that information. Vice Chairman Gort: Motion by Winton, second by Sanchez. Mr. Maxwell: All right. Vice Chairman Gort: Roll call. 157 April 26, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 35 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 TWO FAMILY RESIDENTIAL" TO "R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1650, 1651 AND 1675 NORTHWEST 2ND STREET, 1639, 1651, 1658 AND 1670 NORTHWEST 3RD STREET, 1652 AND 1690 NORTHWEST 4TH STREET, 1653 NORTHWEST 5TH STREET AND 115-117, 191-193, 221, 227 AND 329 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12040. The ordinance was read, by title, into the public record by the City Attorney. 158 April 26, 2001 Vice Chairman Gort: PZ -17. Is there anyone here for PZ -17? Anyone here on PZ Item 17? No show. Go ahead. Commissioner Winton: So moved. Vice Chairman Gort: There's a motion. Commissioner Sanchez: Second. Vice Chairman Gort: And a second. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3521 AND 3535 NORTHWEST 17TH AVENUE, 1516, 1536, 1600, 1620 AND 1662 NORTHWEST 36TH STREET, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 159 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12041. The ordinance was read, by title, into the public record by the City Attorney. 160 April 26, 2001 Vice Chairman Gort: PZ -18. Is anyone here on PZ -18? Being none, ok. Read it. Second reading. Commissioner Winton: Move it. Move it. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3541 NORTHWEST 9TH COURT AND 3590 NORTHWEST 10TH AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 161 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12042. The ordinance was read, by title, into the public record by the City Attorney. 162 April 26, 2001 Vice Chairman Gort: PZ -19. Is anyone here on Item PZ -19? None. Commissioner Winton: Move it. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 505 AND 515 NORTHWEST 20TH STREET, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" 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. 163 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12043. The ordinance was read, by title, into the public record by the City Attorney. 164 April 26, 2001 Vice Chairman Gort: PZ -20. Is anyone here on PZ -20? Is there a motion? Commissioner Winton: So moved. Vice Chairman Gort: Moved and second. Commissioner Sanchez: Second. Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2000 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "RECREATION" 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. 165 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12044. The ordinance was read, by title, into the public record by the City Attorney. 166 April 26, 2001 Vice Chairman Gort: PZ -21. Is anyone here for PZ -21? No show. Read it. There's a motion by — Commissioner Sanchez: Second. Vice Chairman Gort: -- Winton, second by Sanchez. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3000, 3040, 3100, 3110, 3120, 3130, 3136, 3200, 3320, 3299, 3302, 3311, 3312, 3320, 3327, 3412, 3420, 3430, AND 3442 NORTHWEST 2ND AVENUE; 213 NORTHWEST 30TH STREET; 209 NORTHWEST 32ND STREET; 187, 197 AND 210 NORTHWEST 33' STREET; 182 AND 212 NORTHWEST 34TH STREET; AND 213 NORTHWEST 34TH TERRACE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 167 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12045. The ordinance was read, by title, into the public record by the City Attorney. 168 April 26, 2001 Vice Chairman Gort: PZ -22. Second reading. Is anyone here for PZ -22? There's a motion by Commissioner Winton. Commissioner Sanchez: Second. Vice Chairman Gort: Second by Commissioner Sanchez. Roll call. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3465 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12046. The ordinance was read, by title, into the public record by the City Attorney. 169 April 26, 2001 Vice Chairman Gort: PZ -23. Second reading. Second reading. Is there anyone here? No. Motion... Commissioner Winton: So moved. Vice Chairman Gort: Second? Commissioner Regalado: Second. Vice Chairman Gort: Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 175 AND 187 NORTHWEST 27TH STREET; 176, 178, 179,184 AND 187 NORTHWEST 28TH STREET; 2701, 2727 AND 2801 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 170 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12047. The ordinance was read, by title, into the public record by the City Attorney. 171 April 26, 2001 Vice Chairman Gort: PZ -24. Second reading. Is anyone here for PZ -24? Do I need a motion? Commissioner Winton: Move it. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE AMENDING PAGE NO. 19 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM - DENSITY RESIDENTIAL" TO C-2 "LIBERAL COMMERCIAL" FOR THE PROPERTY LOCATED AT APPROXIMATELY 3501 NORTHWEST 22ND AVENUE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12048. The ordinance was read, by title, into the public record by the City Attorney. 170 April 26, 2001 Vice Chairman Gort: PZ -26 is a first reading. Is anyone here... Mr. Joel Maxwell (Assistant City Attorney): It's 25. I think this is 25, Commissioner. Vice Chairman Gort: Oh. I'm getting ahead. Go ahead. Twenty-five. Second reading. Do I have a motion? It's been moved by Commissioner Teele. Second by Commissioner Sanchez. Commissioner Sanchez: Second. Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE AMENDING PAGE NO. 19 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 "MULTIFAMILY MEDIUM — DENSITY RESIDENTIAL" TO G/I "GOVERNMENT AND INSTITUTIONAL" FOR THE PROPERTY LOCATED AT APPROXIMATELY 1850 NORTHWEST 32ND STREET; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12049. 171 April 26, 2001 The ordinance was read, by title, into the public record by the City Attorney. 172 April 26, 2001 Vice Chairman Gort: PZ -26. Is anyone here on PZ -26? Commissioner Sanchez: So moved. Vice Chairman Gort: It's moved. Is there a second? Commissioner Winton: Second. Joel Maxwell (Assistant City Attorney): An ordinance of the... Vice Chairman Gort: Lourdes — wait a minute before you read. Why are we changing from the... Lourdes Slazyk (Assistant Director, Planning and Zoning): This is also — like the others, this is to correct a discrepancy between the comp plan and the Zoning Atlas. Vice Chairman Gort: Thank you. Appreciate it. Read it. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1989- 2000, BY CHANGING THE LAND USE DESIGNATION OF PROPERTIES LOCATED AT APPROXIMATELY 730, 742, 750, 762, 768, 774, 780, 786, 792, 796, 800, 900 AND 950 NORTHWEST 36TH STREET; 3400, 3408, 3414, 3430, 3440, 3454, 3516 NORTHWEST 7TH AVENUE; 3541 NORTHWEST 91H COURT, AND 3590 NORTHWEST 10TH AVENUE FROM GENERAL COMMERCIAL TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 173 April 26, 2001 was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. 174 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -27 is a second reading of an amendment to article 9 regarding administrative releases of covenants and unity of title provisions, as applicable by the Zoning administration. Vice Chairman Gort: Second reading. Is anyone here on PZ -27? Show none. Read it. Roll call. Joel Maxwell (Assistant City Attorney): You have a second — first reading. Walter Foeman (City Clerk): I need a movant and a seconder. Mr. Maxwell: You need a move and second on that, Commissioner. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved by Sanchez. Second by Teele. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 910, UNITY OF TITLE AND COVENANT AGREEMENTS, TO PROVIDE FOR ADMINISTRATIVE RELEASES OF COVENANTS AND UNITY OF TITLE PROVISIONS BY THE ZONING ADMINISTRATOR, AS APPLICABLE, SUBJECT TO THE FOLLOWING CONDITIONS: (1) RELEASES SHALL BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; (2) RELEASES SHALL BE RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AT THE OWNER'S EXPENSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 175 April 26, 2001 Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Commissioner Johnny L. Winton THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12050. The ordinance was read, by title, into the public record by the City Attorney. 176 April 26, 2001 Vice Chairman Gort: PZ -28, second reading. Is anyone here on PZ -28? Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -28 is... Vice Chairman Gort: Is anyone here on PZ -28? Being none, I have a motion by Commissioner Regalado, seconded by Commissioner Teele. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 602, TO MODIFY PROVISIONS REGARDING PARKING WITHIN THE SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT ("DISTRICT") TO ALLOW FOR OFFSITE PARKING WITHIN THOSE PORTIONS OF THE DISTRICT WHICH LIE WEST OF MARGARET STREET, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Johnny L. Winton THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12051. The ordinance was read, by title, into the public record by the City Attorney. 177 April 26, 2001 49. SECOND READING ORINANCE: AMEND CITY CODE, BY AMENI?ING SECTION 1 0-27 ° TO ALLOW E CEPTIONS, TO APPEARANCE CODE FOR: E ZA DISTRICT ANIS I)EFINNG SUCH DISTRICTS (Ap lleant(s): City of' Mi.armi,Ph� ng' and Zones D- pp tment). Vice Chairman Gort: PZ -29, second reading. Anyone here on PZ -29? Yes, ma'am. Commissioner Sanchez: For or in opposition? Juanda Ferguson: Neither one. I'd just like to — my name is Juanda Ferguson, 1115 Northwest 50th Street. I'd just like an explanation of what this is all about. Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. PZ -29 is to — is establishing a media district in the west Omni area, and to allow exceptions to the appearance code for the video movie and media industry. They will be by annual renewable class II special permits or under special event permits, and this would allow them to keep a rustic or certain type of a look for a media, video and photography. It's to promote that use in the area. Vice Chairman Gort: OK. Commissioner Regalado: What area? What's the area? Commissioner Teele: The Omni. Commissioner Sanchez: The Omni area. Ms. Slazyk: Pardon? Commissioner Regalado: The Omni area? Ms. Slazyk: It's west of the Omni area. It's right around the Big Times Productions area, 15th Street and it goes a couple blocks in either direction. Vice Chairman Gort: If you recall, we pushed — we created that district through the Downtown Development Authority, and the idea is, they created the movie industry right on 15th and Miami Avenue. We had to change that whole area and upgrade it. The appreciation to the property right across has been of a great benefit to th City of Miami, and this really gives them an opportunity to continue to work there. Commissioner Regalado: But what does it do for them? Ms. Slazyk: It allows more creativity and backdrops and like stage settings for media, photography, movies and videos, because the appearance code requires the buildings be painted and maintained a certain way. If you need a certain type of look for a temporary period for shooting, there isn't going to be the strict code enforcement appearance code, 178 April 26, 2001 but it has to be renewable; they have to give us certification that the building is safe; you know, engineering reports, and it would last for the duration of what they're doing. Commissioner Teele: In a word, Commissioner Regalado, what it does is, it eliminates the governmental standard by which every building must look, which we have now. You can't let your building look the way you want it to look; you can't deteriorate it. If there is someone who wants to have a — if there is a set for a movie scene, for example, and you're going to have a saloon and this, that, and the other, that's a violation of the City's — appearance code right now. This gives the — a small geographic area the opportunity to make a building look a particular way, including what is called "grunge," is it? And this comes out as a result that, two years ago, the entire fall line of Versace for men was shot in a building right there — right on—it's right next to Overtown/Park West and Allapattah. You know, Miami Avenue and about 14th Street, in there where the Firehouse 4 is. Is it Fire House 4 — 2? Ms. Slazyk: Fire Station 2, yes. Commissioner Teele: Fire Station — in that general area, it allows for a waiver of the condition that a building must appear. So, they have to certify that it's safe and all of that, but, hopefully, it will look like different sets. On different days you drive by, it will look different. Ms. Slazyk: Right. And it isn't for indefinite periods of time. They have to renew annually to make sure that the conditions are still the same. Commissioner Sanchez: They've got to renew annually? Ms. Slazyk: Yes. Commissioner Sanchez: OK. Commissioner Regalado: And I'll tell you something. I completely agree with this, but I think this is only half of what the City should do and can do, and I'll tell you what the City can do. Recently we went to Buena Vista, your district, because they had this tour... Commissioner Teele: The tour — the historic tour. Commissioner Regalado: Then I have been driving around in different areas, and I will tell you something: if the City will take pictures of houses and buildings and forward these pictures to producers in Hollywood, offering those sites for shooting — what you have to do is, you just go on the Internet and see the future production of movies and the setting. You see whatever kind of movie, Caribbean style or 30s and 40s or 50s movies. You send those pictures and offer them this kind of facilities that we have here. I will tell you that we will triple the film industry present in the City of Miami because it's more cheaper to use one of these houses than to build a facade and do that and build a facility, which they do all the time, by the way. So, I think it's a good thing, but I still think that 179 April 26, 2001 the City is not being pro -active in exploiting — to use that word — what we have for films. In Miami we have almost the same weather conditions that's in Los Angeles, but, guess what? When you hire extra hands and technical people, it cost one third in Miami that, in Los Angeles — and we have almost 300 days with sun and good weather — and we are doing enough to attract this industry. Think two days of shooting in the Omni area. You have catering; you have extras; you have technicians. All of them hired locally. So, you know, I just think that we've go to do something sometime. Commissioner Winton: You know, it seems to me, Commissioner Regalado, I mean, what you're really talking about is doing some real, professional marketing of the assets that we have to the film industry, and maybe what you can do is spend a little time thinking about what those resources are and how much it might cost, and you ought to bring something back here. Commissioner Regalado: I will, Johnny, and I will send you guys a report, but I will tell you something: this is pennies only. You only need to take pictures of some of the houses that we have here, be it in Little Haiti, be in Buena Vista, be in East Little Havana or the Grove or whatever buildings, old buildings or new buildings, for that matter. And I'll tell you that they go for it. And, remember, the movie industry is not what we see every week on the movie theaters. The movie industry is a billion and billions of dollars industry. They do videos for video stores and cable TV; they do low budget movies, and, for them, it would be better to do it in South Florida instead of California, because you have the problem of the costs and unions in California. So, I would send you guys what I think we can do with a very small budget, and I think that we can attract a lot of these productions. Commissioner Teele: Mr. Chairman, on the point. The Planning Director or the Planning is, I think, working now to develop — at least they were instructed to develop something about the traditional neighborhoods and this whole survey of neighborhoods. Lourdes, what are you all doing on that? Are you all... Ms. Slazyk: Is this the Neighborhood Conservation Districts? Commissioner Teele: No. It was a neighborhood study that they were going to go look in old neighborhoods and determine where they were. You remember when we were talking about... Ana Gelabert-Sanchez (Director, Planning and Zoning): You had made a request to the department and I believe, from the... Commissioner Teele: I think Commissioner Winton made the original request, and... Ms. Gelabert-Sanchez: It was for the historic names of the different neighborhoods in the City of Miami, and I... Commissioner Teele: The historic names of different neighborhoods, et cetera -- 180 April 26, 2001 Ms. Gelabert-Sanchez: Right. And I - - it is my understanding... Commissioner Teele: -- and the geography of where they are. Ms. Gelabert-Sanchez: Yeah. And I understand the plan, Sarah Ingle, a Community Planner for the Planning Department, met with your staff, I believe. Commissioner Teele: Right. No, I'm talking... Ms. Gelabert-Sanchez: So, the Planning is pretty much complete on the information we have. Commissioner Teele: Yes. Oh, OK. Ms. Gelabert: That was — but I can double check and get back. Commissioner Teele: One of the things that I think — Commissioner Regalado is right, but I do think we need to piggyback on who's already out there doing what. The County has a very large, very, very aggressive, very budgeted office of film and — what is it? It's a big office, high-powered with a lot of staff and a lot of people, and they literally deal on a daily, weekly, monthly basis with Hollywood, and they hold these meetings all over the country. Every month there is a different meeting. I think we ought to figure out — and it may be Conventions and Plans — I don't know where the right place is, Madam Manager, but we probably should look at this very seriously because I think he makes a very good point. But on the point that he's making, in conjunction with the NET (Neighborhood Enhancement Team) Offices and the Planning Directors, we can pretty well, you know, identify with digital cameras; we can, you know, take pictures, you know, with a little support from the Fire Department, and I really do think that the staff could take Commissioner Regalado's words and develop a very good plan, at least an initial plan, to give more venues for the industry. I can remember there in Spring Garden, they came in and rented a house. I mean — and it was like the oil well had been found. I mean, people were standing around; everybody was happy; everybody was figuring out ways to make money, and he's exactly right. So, I think we ought to really look at this. Don't we have a Department of Business and Economic Development, too, headed up by — who's the Acting Director? Ms. Weintraub, isn't it? Ms. Gelabert-Sanchez: Arleen Weintraub. Commissioner Teele: Yeah, but I really do think that this is the kind of thing that the staff could really work on, create a little working group with the Planning Department, the NET staff, Arleen Weintraub, the business — you know, the economic development office, and come up with a really nice plan and present it back to Commissioner Regalado. So, I really support what he's saying. And there are some tremendous venues in this city that — I mean, I find a new one almost every month, every two or three weeks. 181 April 26, 2001 Commissioner Regalado: I would tell you that rather to go to the County, we should go to the State of Florida. They have a major agency on films and productions. Commissioner Teele: There's a state Commission. Commissioner Regalado: There's a State Commission. And I'll tell you why. The County has just recently raised all the fee permits for movies and all that, and what they are doing is, is they're recommending to — they're going after the people that want scenery in the Everglades and the area outside of the urban areas, and this is because it's in the County. Commissioner Teele: You and I better be careful. The Chairman is going to be mad at us, so we better move this agenda along. Commissioner Regalado: No. You know, what I'm saying ... Vice Chairman Gort: Gentlemen, I'll tell them I'll be home at three o'clock today. That's no problem. Commissioner Regalado: I don't have anything to do until 4 a.m., so I don't have any problems. Commissioner Teele: Well, I'm going to tell you right now. Commissioner Regalado: No, no, but... Commissioner Teele: No, no. Seriously... Commissioner Regalado: Seriously. Commissioner Teele: I'm going to say — one thing I'd like everybody to look at is, is there any way we can take some of this agenda and move it to Tuesday afternoon, because I would -- if it doesn't make sense, it doesn't make sense. We'll stay here all night. But I am very concerned about the parking surcharge legislation and where we are, and I really would like to determine whether or not, at some point, we can have some discussion on that because, you know, that is the most important thing on the agenda for the next year, as far as I'm concerned. Commissioner Regalado: It is. Ms. Slazyk: We're just about done. Commissioner Regalado: You want to finish the... Ms. Slazyk: Yeah. Twenty-nine... 182 April 26, 2001 Commissioner Winton: No. I... Ms. Slazyk: Twenty-nine is the second reading on the media district item. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: I need a motion and a second and... Commissioner Winton: Move it. Vice Chairman Gort: It's been moved and second. Commissioner Teele: Second. Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/EXTERIOR FAQADE CODE" TO PROVIDE FOR DEFINITIONS, ESTABLISH MEDIA DISTRICTS AND PROVIDE FOR EXCEPTIONS TO THE EXTERIOR FA( 'ADE CODE BY CLASS II SPECIAL PERMIT; MORE PARTICULARLY BY ADDING NEW DEFINITIONS TO SECTIONS 10-22 AND ADDING NEW SECTION 10-26 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of March 29, 2001, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: Commissioner Joe Sanchez THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 12052. The ordinance was read, by title, into the public record by the City Attorney. 183 Apri126, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): We're asking that PZ -30 be continued to May 24th Commissioner Teele: So moved. Commissioner Winton: Second. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-362 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ -30 (PROPOSED ORDINANCE ON FIRST READING, TO ALLOW FLOWER CARTS AS ACCESSORY USE ALONG S.W. 27 AVENUE GATEWAY DISTRICT), TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 24, 2001. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None 184 April 26, 2001 Vice Chairman Gort: PZ -31, first reading. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -31 is an amendment to allow parking reductions for multifamily development within Community revitalization districts. The colored map is what we just handed out because, in the package, I realized there was only a black and white. A recent amendment was passed of the Zoning Ordinance, which raised the parking requirements, in effect, for the one -bedroom with studios or dens. That has proven to serve as a disincentive within the revitalization districts of the City. So, what this amendment is going to — propose to do is allow reductions only within these areas by special exception, but you cannot go below the numbers that are in the ordinance and you can't mix this with variances or any other reduction mechanisms. Commissioner Teele: Does the special exception come before a public hearing board? Ms. Slazyk: Yes, it does. It goes before the Zoning Board. Commissioner Teele: It's not with the director... Ms. Slazyk: It goes before the Zoning Board, with 500 -foot radius notice. The important thing here is that they can't use it with something else. If they find themselves short and need to go to variance and they can prove hardship, let them go to variance. They can't mix this with a variance to come up with no parking. They can't mix this with anything else and it goes through public hearing. Commissioner Teele: I think it's a Solomonic approach. I think it's a very balanced approach. Vice Chairman Gort: Is anyone here on Item 31? Show there's none. Do I have a motion? Commissioner Teele: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Roll call. 185 April 26, 2001 An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 917, IN ORDER TO MODIFY THE PROVISIONS FOR REDUCTIONS IN PARKING TO ALLOW REDUCTIONS FOR MULTIFAMILY RESIDENTIAL USES IN COMMUNITY REVITALIZATION DISTRICTS (CRD); SUBJECT TO SPECIAL EXCEPTION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. 186 April 26, 2001 Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -32 is an amendment to Article 17, to require full notice for a substantial modifications to major use special permits. Right now all that's required is a public meeting, with no formal notice. We require notice for modifications — substantial modifications to Class II's and Special Exceptions, and it should be for major uses as well. Vice Chairman Gort: Very good. Is anyone here on Item 32? It's first reading. Being none, do I have a motion? Commissioner Winton: So moved. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved and second. Commissioner Sanchez: Second. Vice Chairman Gort: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 17, SECTION 1706, TO MODIFY THE PROVISIONS FOR NOTICE REQUIREMENTS FOR SUBSTANTIAL MODIFICATIONS TO MAJOR USE SPECIAL PERMITS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 187 April 26, 2001 was introduced by Commissioner Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifredo Gort NAYS: None ABSENT: None The ordinance was read, by title, into the public record by the City Attorney. 188 April 26, 2001 Vice Chairman Gort: Yes. And that takes care of the PZ items. PZ -33 has been moved to continue. Now we come to regular agenda items, and let's take personal appearance first. They've been here since this morning. Note for the Record: At this point, the City Commission closes the Planning and Zoning portion of the agenda to consider items from the regular agenda. Vice Chairman Gort: Item 6. It's been deferred. Item 7. Let's wait. Let's go to personal appearance first. Commissioner Teele: Is the Police Chief here? Alejandro Vilarello (City Attorney): Did you close the Planning and Zoning (inaudible)? Vice Chairman Gort: Yes, we did. Yeah. Commissioner Sanchez: Seventeen. I believe 17 is the fist personal appearance. Sixteen has been withdrawn. Commissioner Regalado: No, 17 was deferred. Commissioner Sanchez: Deferred. OK. Commissioner Regalado: Why don't you do the Parking Surcharge. Commissioner Teele: Where is it? Commissioner Regalado: I don't' know where is it. We're supposed to get a report on the Parking Surcharge status in Tallahassee, right? Vice Chairman Gort: Item 19. Carlos Gimenez (City Manager): I'll be happy to give you one now, if you want to. Commissioner Teele: Well, could we just take care of the personal appearance? Vice Chairman Gort: Take care of the personal appearance. Commissioner Teele: Because, really, we changed the agenda format and, somehow, we've got the personal appearances now, which were supposed to be in the morning, coming all through the day. 189 April 26, 2001