HomeMy WebLinkAboutItem #36 - Discussion Itemt
CITY OF MIAMI, FLORIDA PZw17
INTER -OFFICE MEMORANDUM
To Honorable Mayor and DATE: FILE
Members of the City Commission JAN 1 61991
SUBJECT Development Bonuses in Zoning
Ordinance
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Mr. Rodriguez: Ito. The apartment...
Commissioner Plummer: unit.
Mr. Rodriguez: ...the unit, whole unit on the apartment...
Mayor Suarez: The smallest one bedroom would have to be what size?
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Vice Mayor Dawkins: The whole unit, the smallest unit what now?.
Mr. Rodriguez: Five fifty.
Vice Mayor Dawkins: Five fifty.
Mr. Rodriguez: Yes.
Vice Mayor Dawkins: So, are you telling me that they can build twice as many
units and have... meet the requirements of five fifty per unit?
Mr. Rodriguez: Yes, sir.
Vice Mayor Dawkins: OK. -
Mr. Rodriguez: I think it would be the wrong development for the area and I
think the units might not sell, but it's possible.
Vice' Mayor Dawkins: You see, you are 'editorializing and philosophizing, you
know;'whea I don't -need that right now,,sir. OK? Now, I!ve been hearing...
OK, in the 20 foot setback, if they do not get what they want, that means
nothing can be put in the setback. Is the correct, sir? There will be no
pool and none of that pretty shrubbery. 'Is that correct?
Mr: Rodriguez: I'm not clear on that and I want to make sure that I tell.you
the correct answer. There are two different -types.' of setbacks which are
guiding this. The 20 foot setback is the one guided by thi Charter Amendment
and the there is a ten foot setback which is Quided by the Zoning Ordinance so
that's why it is somewhat confusing. I know that we have made there has
been a determination made since the previous ordinance, the one before 9500,
that the. structures, which are 42 inches and shorter, are allowed in the
setbacks. So that kind of facilities would be allowed in those setbacks,
between the ten feet and the 20 foot setback. Correct? f want to make sure
I'm correct.
oice Mayor Dawkins: OK, thank you, air. The other thing...
Commissioner Plummer: That does not come under the 20 percent bonus. That
does not apply on.the-bonus.
Mr. Rodriguez; That has nothing to do with the bonus. That is a requirement.
;Mayor Suarez: Totally different issue.
Vice Mayor Dawkins: Totally different issue. Now, the other thing that, if I
got.nothing,olso, out ;of this tonight, is the fact that me and everybody else
wants 'this removed from the Code from the whatever, 11000, whatever it is.
Because if we did, not have it in there, this developer would not have gone to
the expense of attempting to get a project through because he would not have —
.asksd.for these ,bonuses had we not had them in there. So, I intend to be
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doing .,aril I can to remove it. I don't know how this will go, but the.. only
wey,. and .I ;,.don't care,. I'a l ike J.1.:, see ,my daddy had a third grade
sda c.a lea amd` he -told see, son, • buy, land. Put your mousy in land. He said,
Aatd is the only commodity the Lord:: is not making no more of and the only way —
t#fir profit .can go is,. up. So, that land, in- not aoisg to sit there and the
profit go 494n, , the valuation is going to go up. So, whatever they put. on ,It:#
tin�ey: going La„ utilize it, J.L., I agree with you. But, now, what they're
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going tv put there, I don't know, But I assure you, that the only way I would E,
waste,;.ila 1, the servants' quarters be 500 square feet, the same as
ri ersrything else, It's, no way you Can make me believe that when this unit
e+saly 1�#t: eoNp,�sted,: will nos plod some reasoo
rJ O-, that they o
#Y , hd rq;dot; ess ed , y the people who live there, taor�i��s�
e.r nee go .as ►sats'quartsra assdsd, tharstore, we're going to convert the + t ,
8
91
IS �lip
3t s s, vrn i (.i.t .+. , 3' h•„NiPk�Y
into saleable units. And I have no problem with them converting them to
saleable units that they meet the minimum requirements which is SOD square
feet per unit.
Comissioner De Turret What size are they being proposed at now?
Commissioner Plurnrner: Two hundred.
Mr. Rodriguez: At present, the one that they are proposing is 200, but you
can put that condition exactly and they would have to follow the: condition
exactly any way you decide because this is major use permit.
Commissioner De Turret Wall, then, what you're saying is that you can't sell
any unit that is less than five hundred square feet?
Vice Mayor Dawkins: No, he can't build one.
Commissioner Plummer: What it's reducing...
Vice Mayor Dawkins: No. no, he asked me what I'm saying. I'm telling him
what I'm saying.
Commissioner Plummer: It's reducing it down from 14 servant's quarters to*
three units is what it's doing.
Vice Mayor Dawkins: All right, see, and Mr....
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Commissioner Plummer: Your 1,400 square feet of each unit is.200 square feet
and 'there's' seven of them. So, if you go the 550, : it's roughly three units.
That' -e what you're talking about.
Vice-Mayor.Dawkins: And I don't do this lightly. I do this because I have
been shafted. When I' came on this Commission, I argued about Claughton
-Island. The developer promised Father.Gibson who sat here where I'm sitting .
and •' if' you'll allow me' to' build. "X" units on Claughton Island, • knowing good
and `'well ;that they wouldn't do it,. we! 11 put 200 units of low.• income housing
an'..Claughton'Island. Ten years after that,, no.housing, no low rent housing.
We sat here and a majority of this Commission. allowed the developer to.'
contribute two million dollars to a housing fund and got off the hook. Now, I
do:;not plan to sit here and have that happen again._ If you're going to build
some servants,' quarters,, for the lack of a better word,. you make sure that
they -most the minimum requirements and in the event that you -convert them, I-
a
,.have no problems with it.
'Mayor Suarez: OK. To*, to use J.L.'s term, call the question.
>Commissioners, what's the motion?
Joel Maxwell, Esq.r Mr. Mayor, before please. I would like Mr. Fletcher, if
he;woul¢,:to either stipulate on the record that the City's representatives
are_; experts as well. Would you- please stipulate on the record, please. Or
will; we; have,to, qualifyL them?
Mayor: Suarez: Oh, God, that has got to be the silliest thing stated all day
hers- today._
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Mr.. Flstchars I'll.stipulat• that he's an expert land use planner.
Mr;.`.. MaAvell c' I want.:. -
=_ Mr.' pletgherr Wait, wait, wait, lit ins explain my position in regards of that
v as,ticarefully* as I can. My people totally disagree with interpretations that
hsYs been made by the City staff of various provisions of the Code. We have
swgr ihtentios.in the world of preserving those rights. As far as his being
the ,.CLty,, plWer or the person is charge of planning for the City, no problem. ;
I believe simply, as a City smployse, as a planner, ha's competent to tatstify
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did. lhils I have the microphone, Hr, Mayor, may I say
_:_o�o_iqt4sr thin
MOW Thab's .Vhy 1;Woat4d him �uslif lei. '
;; �fdy af' s . x step latlo!r� to that ofiaot is Dot going to Change *`thing
3 ► o. Appalls p c+�,ss,:: Out aAyhowt ..
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Mr. rletchers
Mr. Mayor, I'm getting.,.
Mayor Suarett
Do you stipulate as to the qualifications, if they were going
to be experts or if a court at some point, after this, would
whether they're experts or not?
have to
consider
;
Mr. Maxvellt
The two that have testified.
Mr. Fl6tchert
No, I'm saying, he can testify, he's the City
planner.
I asked
for your permission, Mr. Mayor, to talk about one thing.
Mayor Suarez:
Even if you didn't think that, it would be a
wise idea
for you
to say that.
Yes.
Mr. Fletcher:
Yes. Thank you. The apparent feeling of negotiation
for money
that is being
perceived by my clients is upsetting a number
of them
and they
have come to
me and they have said, we don't really want
to see
our City
bargaining away density for money.
Mayor Suarez: Well, John, this is, by way of a rebuttal to the rebuttal. We
appreciate what you're saying. It's been male very clear on questions that I
asked that you're not bargaining away your position based on even a 25 percent
greater density which would carry with it a bonus or a payment to the City's
trust fund of about $400,000. We understand that, we understand that. That
is what our Code provides would be an alternative way for them to proceed, so
it's very logical for us to look at that avenue. But we understand that your
client's position does not favor bargaining away...
Mr. Fletcher: Exchanging money for zoning.
Mayor Suarez: Right. Density for a contribution.
Mr. Fletcher: Thank you.
Commissioner Plummer: Except,- for the record, John, you •brought it up,
quoting from the palace of malice.
Mr. Fletcher: Well, I think... palace of malice, the Herald, you mean? Yes.
I must confess that probably I stressed too much that they were using the
wrong approach., which the planned development approach'when there was an
avenue that could have been taken otherwise on this. So, forgive me for my
fault, but the bargaining is hurting us.
Mayor Suarez: Just give them their qualifications. I'm not going to get into
the business` of asking them to stipulate as to expertise of our - right, so
just...
Commissioner De Yurre: For the record, Mr. Mayor, let me state so that
there's no misunderstanding. The reason that I am pursuing now the monetary
aspect of this situation Itis because I am convinced after listening to all the
testimony and listening to the administration, that we can go ahead, at least
4 my mind, to go, ahead with the project that is being requested because when
we look at the alternative of double the amount of units, what we're looking
at only approximately 26 additional units from what they could build according
to -this, which is the 20 percent approximately. To me, 26 units doesn!t make
.; that impact compared to the alternatives that exist 'and certainly 'it's a
baautiful ; looking" project. $0, my vote is going to be to grant this. Now,
once I've taken that posture, I'm going to get as much money as we can for the
City"4 d;I.think. ".that Mr. Traurig In going to make a proposal that I f end
`accRpxsbls,
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1cyor Sussst; Make that real quick and let ate get the qualifications of our y
two pa`nnerS on the record. ,
Mr riur$g:l would like to, voluntarily, to offer to the.City, withaut any
request on the part of the City whatsoever, a total contribution of $200,0000
CVAPQ o , , .the folio ►in :
B S1'j,O00 within 30-sags of the issuance of this
i` NSF �rd+t den thousand dollars at the issuance of a foundation permit
1Ms►R9:.ou;,mad ;on 'receipt of the full building permit. Fifty thousand
dol iir# op ,.tip .i:e arras of a certificate of occupancy and d hundred bhonSand
i{or$.`hon" tie2Ati unit io this building has 'base sold an tlossd.
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ra.
a f3 214 October 25r 1991
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Therefore, it's unrelated to profits. And that's if it's sold and closed by
the parties who are the original developers. If there were a mortgage
foreclosure, that should not be the obligation of a future owner of the
property pursuant to the Mortgage foreclosure. Obviously, these people intend
to work as diligently as possible to make it a'success, but we can't encumber
the property with that obligation that would become the burden of a third
party -at some later date. So, therefore, we are prepared to make that offer
of $200,000 with regard to the suggestions made by Commissioner Dawkins,
they're fair. We accept them. Thank you.
Mayor Suarezt OK, please quickly, state your qualifications in the record,
Guillermo, in making the recommendations that you have made and otherwise
analyzing for it and...
Mr.Fletchert Mr. Mayor, I'll save you the trouble, I'll stipulate as to his
qualifications.
Mayor Suarez: My problem is that I don't think that's worth a heck of a lot
in these proceedings. There's nothing in our
Charter or Code that says that your stipulation means anything to us in any
particular way and I don't see in the appellate procedure how it could mean
anything, but you disagree with me? All right.
Mr.- Maxwells Yes, sir.
Commissioner De Yurre: Have we got a motion? We have a motion?
Mayor Suarez: 'All right, fine, then•I'll abide by my City Attorney. He's
paid to think these things through, I'm not. .
Commissioner De Yurre: We have a motion that hasn't been seconded, right?
Mayor Suarez: I don't know that we have a motion yet, do we?
Commissioner De Yurre: Well, I thought he made a motion. Contingent on the
size of the...
Mayor Suarez: That's what I want to clarify.
Commissioner De Yurre: Didn't you make the motion?
Mayor Suarez: There's no motion before us. I'll -entertain a motion.
CommissionerDoYurre: OK. -Well, do you want that to be part of the motion?
OK, I'll move that we approve this item with the proviso of making
the
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servants' quarters a minimum size - of what?. 500 square feet?
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Mayor Suarez: Five -fifty.
'Commissioner, De Yurre: Five -fifty. And also accepting the offer of
the
4200,000 in the form thtat was offered.
Mayor Suarez: So. moved. Do we have a second on the motion? Do we have a
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second on that motion?
Commissioner Plummert For discussion purposes, I'll second it.
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Mayor Suarezt Commissioner Plummer.
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Commissioner Plummer' There were other areas that- Mr. Traurig brought
up.
TbR arss.of the sales trailer was one.
Mr. Traurig' Commissioner, we can valve that.
Commies ansr 1'lunmsr: All right, well I was asking for clarification.
So
you're waiving everything outside of what is actually in the application?
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Mr. Traurig: Tex, sir. Yes, air.' -
Ccmissioasr Do Turret Anything further?
2504.11
October 25,
1990 3
}
.
Mayor Su&rets OK, anything further, Commissioners? If not, please call the
roil.
Commissioner Plummer: He said it wasn't necessary.
The following resolution vas introduced by Commissioner De Yurre, who
moved -its adoption:
RESOLUTION NO. 90-848
A RESOLUTION, WITH ATTACHMENT, APPROVING A MAJOR USE
SPECIAL PERMIT WITH CONDITIONS, PURSUANT TO ARTICLE
11, ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE
BRISTOL TOWER PROJECT PROPOSED BY THE BRISTOL TOWER
LIMITED PARTNERSHIP TO BE LOCATED AT APPROXIMATELY
2127 BRICKELL AVENUE (MORE PARTICULARLY DESCRIBED
HEREIN), AND TO BE COMPRISED OF NOT MORE THAN 145
CONDOMINIUM UNITS AND 14 LODGING UNITS AND NOT MORE
THAN 360,848 SQUARE FEET OF HABITABLE RESIDENTIAL AREA
IN A BUILDING OF 37 STORIES ABOVE GROUND LEVEL SUBJECT
TO THE DONATION TO THE CITY.. OF MIAMI OF THE SUM OF
$200,000 AS SET FORTH HEREIN AND FURTHER SUBJECT TO.'
CONDITIONS INCLUDING THE CONDITION THAT THE SERVANTS'
QUARTERS SHALL NOT CONTAIN LESS THAN 550 SQUARE FEET;
INCLUDING A PARKING GARAGE, WHICH PARKING GARAGE SHALL
BE COMPRISED OF 298 PARKING SPACES AND 4 LOADING
BERTHS ON GROUND LEVEL AND TWO PARKING LEVELS
UNDERGROUND; INCORPORATING THE RECOMMENDATIONS OF
OTHER BOARDS; INCORPORATING HERITAGE CONSERVATION
BOARD RESOLUTION NO. 90-23 PER CHAPTER 17 OF THE CITY
CODE PERTAINING TO ENVIRONMENTAL PRESERVATION DISTRICT.
37-7; FURTHER, DESIGNATING THE PROJECT AS A PLANNED
DEVELOPMENT OVERLAY DISTRICT PER ARTICLE 5 OF. THE
ABOVE ZONING ORDINANCE AND INCREASING THE FLOOV AREA
RATIO TO 2.06; ESTABLISHING AN - EXPIRATION DATE FOR
SAID PERMIT; MAKING FINDINGS; DIRECTING THE CITY CLERK
TO SEND THE RESOLUTION TO THE DEVELOPER AND PROVIDING
THAT THE MAJOR USE SPECIAL PERMIT SHALL BE BINDING ON
THE APPLICANT AND SUCCESSORS IN INTEREST; PROVIDING
FOR RELIANCE ON THE APPLICATION AND PROVIDING 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 Plummer,
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner j. L. Plummer, Jr..
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
the resolution was passed
NOES: Mayor Xavier L. Suarez
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ABSENT: None. .
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: Reluctant) I'm
y► going to
vote yes, but I want to assure'
you that I' won' be caught in this again because I'm going to make a motion
after this to delete this,
COMMENTS MADE FOLLOWING ROLL. CALL;
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Mayor Suarez; I don't think we have aoy.other
items on the agenda.
Vise mayor Dawkins; Mr. Mayor, may I point of
special privilege?
Mayor Suarez; Yens Vice Mayor Dawkins.
91-
25041
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A
Vice Mayor Davkins: I'd like to hake a motion to instruct the City Manager
that the toning Department be told...
Mayor Suares: Eliminate the 20 percent bonus provision in our toning for
griolrell based on...
Vice Mayor Dawkins= hor anywhere in the City of Miami.
Commissioner 21ummera stall, what you're saying...
Mayor Suarez: Do you want to eliminate the 25 percent also?
Vice Mayor Dawkins: Yes, sir, anywhere.
Mayor Suarez: The 25 percent has to do with us gettiag a contribution and it
has a tie in to the trust fund. If we want to eliminate one, maybe we ought
to eliminate both. OK.
Vice Mayor Dawkins: Eliminate both, both or none.
!Mayor Suarez: Yes. We're going to be, for future action of this Commission
asking the City Manager •to begin the process and bring back to us a new
ordinance that eliminates both the 20 percent bonus and the,25 percent bonus
on these overlays that wa have.•
UNIDENTIFIED SPEAKER:- But we're allowing it on this one.
Vice Mayor Dawkins:• Yes.
Mayor Suarez: Well, the vote has been taken•on this one. All right, anything
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