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HomeMy WebLinkAboutCC 2003-12-18 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, December 18, 2003 3:00 PM PLANNING AND ZONING (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Johnny L. Winton, Chairman Arthur E. Teele, Jr., Vice Chairman Angel Gonzalez, Commissioner District One Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes December 18, 2003 PLANNING AND ZONING ITEMS Present: Commissioner Gonzalez, Commissioner Regalado, Commissioner Sanchez, Vice Chairman Teele and Chairperson Winton PZ.1 03-0292 RESOLUTION 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 RIVER VILLAGE PROJECT, TO BE LOCATED AT APPROXIMATELY 300, 312, 316, 330, 340, 350 SOUTH MIAMI AVENUE, 18, 30, 40, 44, 50, 62 SOUTHWEST 3RD STREET, AND 15, 24, 25, 39 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF 1,304 MULTI -FAMILY RESIDENTIAL UNITS, 92,043 SQUARE FEET OF OFFICE SPACE, 23,419 SQUARE FEET OF RETAIL SPACE, 9,113 SQUARE FEET OF RIVERFRONT RESTAURANTS, AND APPROXIMATELY 1,992 TOTAL PARKING SPACES, DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0292-Backup1.pdf 03-0292-Backup2.pdf 03-0292-Backup3.pdf 03-0292-Legislation .pdf 03-0292-Exh i bitA. pdf 03-0292-Exh i bitB. pdf 03-0292-Exh i bitC. pdf 03-0292 - Submission.pdf REQUEST: Major Use Special Permit for the Miami River Village Project LOCATION: Approximately 300, 312, 316, 330, 340, 350 South Miami Avenue, 18, 30, 40, 44, 50, 62 SW 3 Street, and 15, 24, 25, 39 SW 4 Street APPLICANT(S): Downtown River Village, LLC. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: Unanimously recommended approval, subject to a condition* to City Commission. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 19, 2003 by a vote of 9-0. ZONING BOARD: Recommended approval with conditions* of the special exception to City Commission on November 3, 2003 by a vote of 8-0. City ofMiami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. Motion by Commissioner Sanchez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1235 Chairman Winton: PZ.1. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.1 is a Major Use Special Permit for the Miami River Village Project, located at approximately 300, 312, 316, 330, 340, 350 South Miami Avenue; 1830, 40, 44, 50, 62 Southwest 3rd Street, and 1524, 25, 39 Southwest 4th Street. This is the piece of property that is located on the Miami River at South Miami Avenue, on the west side ofMiami Avenue. This project is going to be a mixed -use project with 1,304 multifamily residential units, 92,043 square feet of office, 23,419 square feet of retail space, 9, 113 square feet of riverfront restaurants, and approximately 1,992 total parking spaces. It is a multiphase project. One of the conditions at the Planning Advisory Board that came up for this project was because they're along the river, they needed a Certificate ofAppropriateness for the archeological monitoring that needs to take place. They went to the HEP (Historical and Environmental Preservation) Board on Tuesday, so what I'd like to do is read into the record the condition from the HEP Board, which will replace condition number 9 in your package. Nine in your package was the requirement that they go to HEP Board before they come to you, so being that they already went, the HEP Board approved it, with the condition that archeological monitoring shall be provided in accordance with recommendations set forth in the Archeological Management Plan submitted by Robert Karr, dated February 2000, revised November 2003, and also that additional testing in the north end of parcel 1 shall be conducted after the parking lot ceases, as recommended by Mr. Karr, so that ensures that while construction goes on, they're going to have monitoring and all the -- conditions of the Management Plan will be met. This project was recommended for approval by the Miami River Commission. It's also been recommended for approval by the Urban Development Review Board and the Planning Advisory Board. The conditions in the development order are the typical conditions that we have on the Major Use Special Permits, includes the Construction Management Plan. The only additional condition is that pursuant to the UDRB (Urban Development Review Board) and the Planning and Zoning Department review, the applicant will preserve the liner program along the Miami River and maintain the integrity of liner uses and articulation of river and street edges. This is important because this liner program along the river is what hides the parking. They're putting real active uses on that frontage and preserving it so that the parking is not really something that's visible from the waterfront. Other than that, we are very happy to see this kind of development on the north side of the river, and we would recommend approval. Chairman Winton: That includes the bay walk, too? Ms. Slazyk: Yes, yes. They have the river walk, and the River Commission reviewed it for that and it complies with the active uses. Chairman Winton: Great. Commissioner Sanchez: Are they supporting it? Chairman Winton: Yes. Ms. Slazyk: Yes, the Miami River Commission. City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Is there anyone from the public opposed to this -- to PZ.1 ? Is there anyone from the public opposed to PZ.1 ? I'd like to open the public hearing, then. Anyone from the public would like to speak on PZ.1 ? Anyone from the public on -- Bob. Bob Parks: Thank you very much, Mr. Chairman. Members of the Commission, Bob Parks, Chairman of the Miami River Commission. In accordance with the ordinance, which -- or the resolution which you had adopted, this group came to us for review of the project, not for zoning purposes, but to make sure that the project itself complied with our Urban Infill Plan, which you have approved in part, and it complied with the Green Way Plan, which you have approved and authorize us to go forward with. We found the project to be in total compliance. We think it will be an extraordinarily positive thing for the river. I think one of the nice twists to this project, from the river standpoint, is that not only are we -- are these folks keeping the setback and not only are they putting in -- giving us the River walk, but that River walk is going to be extended, and as a result of this going in, you're able -- you're going to be able to walk now from Bayside along the bay and then down the river, all the way to the Florida Power & Light plant on the north side, so we've made great progress, and I thank you, and I'm filing a letter from the Commission for each of you and the City Attorney. Thank you. Chairman Winton: Thank you, Bob. Appreciate it. Anyone else from the public would like to speak on PZ.1 ? If not, we'll close the public hearing. Yes, ma'am. Ines Marrero: Good afternoon, Mr. Chairman, Commission members. It is my pleasure to be here this afternoon. My name is Ines Marrero, with offices at 1 Southeast 3rdAvenue, here on behalf of the applicant and property owner, Downtown River Village. I'm not going to go into the full introductions. Staff has made a -- their presentation. The project speaks for itself. We are in agreement with all of the conditions. Any questions, we're here to be responsive. Commissioner Sanchez: So moved. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Any further discussion? Is this an ordinance? Resolution. And I would also like to say, I mean, this is a really good-looking project, and I hope your client brakes ground soon. Ms. Marrero: Thank you. Chairman Winton: Any further discussion on PZ.1 ? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Good luck. Ms. Marrero: Thank you. Thank you very much. Happy holidays. Chairman Winton: Thank you. You, too. PZ.2 03-0293 RESOLUTION 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 RIVER PLACE PROJECT, TO BE LOCATED AT APPROXIMATELY 615 SOUTHWEST 2ND AVENUE, City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 MIAMI, FLORIDA, TO BE COMPRISED OF 455 MULTI -FAMILY RESIDENTIAL UNITS, 225,000 SQUARE FEET OF OFFICE SPACE, 20, 000 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 1,006 TOTAL PARKING SPACES, DIRECTING TRANSMITTAL, MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0293-Backup1.pdf 03-0293-Backup2.pdf 03-0293-Backup3.pdf 03-0293-Legislation .pdf 03-0293-Exh i bitA. pdf 03-0293-Exh i bitB. pdf 03-0293-Exh i bitC. pdf 03-0293 - Submission.pdf REQUEST: Major Use Special Permit for the River Place Project LOCATION: Approximately 615 SW 2 Avenue APPLICANT(S): William O. and Marjorie O. Brickell, Trustees and Miami Riverfront Partners, LLC, Contract Purchaser APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 19, 2003 by a vote of 8-0. ZONING BOARD: Recommended approval with conditions* of special exceptions to City Commission on November 3, 2003 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1236 Chairman Winton: PZ.2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2 is a Major Use Special Permit for River Place Project, located approximately 615 Southwest 2ndAvenue. That is catty -corner from the City administration building. This is a mixed -use project to be comprised of 455 City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 multifamily residential units, 225,000 square feet of office space, and 20,000 square feet of retail face, with approximately 1, 006 parking spaces. Like the application before it, this one also had to go to HEP (Historical and Environmental Preservation) Board because of its location on the river for the archeological Certificate ofAppropriateness. The Board approved the Certificate ofAppropriateness, with the condition, which will be replacing condition 8 in your package, to read that archeological monitoring shall be provided in accordance with recommendations set forth in the Archeological Management Plan submitted by Allison Elgard Barry, Robert S. Karr and Mark Lance, dated November 2003. Basically, what they do is they turn an archeological plan into the Board and get that approved, and the Board says that the approval is contingent on them following their plan. This project was also recommended for approval by the Planning Advisory Board and by the Planning and Zoning Department. The additional conditions on this project, again, in addition to the construction conditions and the phasing conditions that are standard, is that pursuant to the UDRB (Urban Development Review Board) and the Planning and Zoning Department review, the applicant will need to modify the parking garage along 7th Street so when turning the corner, must not look like a parking garage, but instead resemble the office tower with spandrel glass shadow box illuminating either/or systems with lighting or glazing. Again, this location is prominent enough that a lot of traffic goes up and down that bridge from 7th to downtown, and the appearance of the parking garage really needs to be -- they need to keep working on that to make it a little more attractive. Other than that, we recommend approval. Chairman Winton: And that's one of our conditions? Ms. Slazyk: That's our condition on the design, yes, and UDRB agreed. Chairman Winton: And do you all accept the condition, by the way? Gil Pastoriza: Yes, sir. Chairman Winton: OK, great. This is a public hearing. Anyone from the public would like to speak on PZ.2? Anyone from the public would like to speak on PZ.2? Bob, please. Bob Parks: Very briefly, Bob Parks, Miami River Commission. We reviewed this to see that it was consistent with the Urban Infill Plan and with our Green Way Action Plan. It is consistent there. It is consistent with the setback and the river walk. It's a significant development on the south side of the river, and I think the Commission would allow me to say that not only are you getting a great development and it meets all of the river requirements, but you're keeping and having renovated a very historic piece of building on that project, which we all applaud them for . I'd like to say that with -- if you approve this, this will bring, I believe, on the river approximately two point six billion dollars worth of approved construction of projects from the river mouth all the way down, and we on the River Commission -- I know it's the end of the year for us and for you -- thank all of you for your support for the Commission and have a very happy holiday. Thank you. Chairman Winton: Thank you. Mr. Parks: And I'm leaving copies for the record. Chairman Winton: Great. Appreciate it. Anyone else from the public would like to speak on PZ.2? If not, we'll close the public hearing. Vice Chairman Teele: Mr. Chairman, the counsel needs to put his name on the record. Chairman Winton: Yes. City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Pastoriza: Gil Pastoriza, 2665 South Bayshore Drive. Chairman Winton: Any comments that y'all -- yes -- I'm sorry. Ms. Slazyk: No. I was just going to say -- I forget to mention, Mr. Karr reminded me that they do have a historic preservation piece there, and they're preserving a piece of the front of what was called the Old Miami Vice building. Chairman Winton: Great. Ms. Slazyk: So, that's something that we also are very happy that they've worked with us on incorporating that into their project, not the whole building, but a piece. Chairman Winton: Yeah. Just that piece. Ms. Slazyk: Yes. Commissioner Gonzalez: Lourdes, I just have a question. How many committees, how many boards and how many organizations does the developer have to go through before they can get a project up? Ms. Slazyk: It depends. If they're on the river, they -- the River Commission gets at -- Commissioner Gonzalez: I know. If it is on the river between 5th Avenue and 27th Avenue, it's almost impossible to get a project approved. Ms. Slazyk: It's about five or six. Commissioner Gonzalez: East of 5th Avenue, there's no problem. Everything is -- that's a blessing from God, but I'm talking aside from the River Commission, and the River people, and the River Committee and the river whatever, how many -- through how many heralds does the developer has to go through in order to do a project in the City ofMiami? Because this is costing -- when I hear these presentations, it went before this board, and before this other board, and before this other board, and before this committee, and before this other committee, and this other committee, and then we see on the past City Commission someone frying to unify Planning and Zoning because of the excessive amount of time that it takes to approve a project. To me, it seems that we're going in two different directions. Ms. Slazyk: Yeah. Well, Commissioner, each one of those really looks at something different. The Design Review Board looks at some of the design components. The Large Scale Development Committee looks at technical issues. That's Fire, Police, Public Works, FDOT ( Florida Department of Transportation), and if those issues aren't resolved upfront -- Commissioner Gonzalez: Don't try to confuse -- Ms. Slazyk: Yeah. OK. Commissioner Gonzalez: Don't try to confuse my question. I know about -- I have built in the City ofMiami. I have built in the City ofMiami. I know they have to present a set of plans. I know it has to be -- go before the processor. I know you've got to have Building approve it, Fire approve it, plumbing approve it, electrical, mechanical. I know the steps. I'm talking about outside Building and Zoning require inspections and approvals on a plan. How many organizations, and committees, and God knows how you call them have to approve a project before it is materialized? City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Ms. Slazyk: There is a minimum offour, and it could be more, depending if they're on shoreline or river, but there's a minimum offour. Commissioner Gonzalez: And are these mandatory by the state, or by the federal government, or is this something that the City ofMiami administration created at one time or another? Ms. Slazyk: They're -- no. They're in our Zoning Ordinance, so it was created by the City Commission. Three of them, the Planning Advisory Board, UDRB and Large Scale are in there by City Commission. It's in the Zoning Ordinance. Commissioner Gonzalez: Thank you. Ms. Slazyk: And then the County governs the shoreline, so that we have to do. Chairman Winton: OK Vice Chairman Teele: May I ask for clarification on -- Chairman Winton: Yes. Vice Chairman Teele: Lourdes, you made some comments about the design, the architectural design of the parking lot. Ms. Slazyk: Yes. Chairman Winton: The garage. Ms. Slazyk: The parking garage facade. Vice Chairman Teele: And they -- and what were those concerns again? Ms. Slazyk: The concerns are how it looks as you come along the 7th Street, when you turn the corner. It was just an assurance that it doesn't look like an exposed parking garage. We wanted it to resemble part of the office tour. Vice Chairman Teele: And who's the architect for this? Ms. Slazyk: Architectonica. Vice Chairman Teele: And so you're giving them good instructions on how to design this? Ms. Slazyk: The UDRB agreed that -- it's just -- make sure it doesn't look like a parking garage. That's all. Vice Chairman Teele: Mr. Chairman, I really would like to hear -- Chairman Winton: I think the answer to that was yes. Vice Chairman Teele: I really would like to just make sure that Bernard, who's world famous, obviously, and we're delighted he continues to be a citizen of our City, that you all have understood this and you all will -- Bernard Fort -Brescia: Yes. There was an issue -- Vice Chairman Teele: Your name for the record. City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Hr. Fort -Brescia: I'm Bernard Fort -Brescia. I'm a principal ofArchitectonica, the architects for the project. It was an issue as to whether -- which way to conceal the cars, whether by louvers or glass, and there was a preference expressed for glass. It's the same design. It's the same facade. It's just the kind of finish in the openings that correspond to the garage. Vice Chairman Teele: And you'll agree to that and everything else? Hr. Fort -Brescia: Yes. Vice Chairman Teele: Thank you. Chairman Winton: OK Joel, anything you want to put on the record? OK. We need a motion. Vice Chairman Teele: So moved. Chairman Winton: We have a motion. Need a second. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second, with conditions, on PZ.2. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Hr. Fort -Brescia: Thank you. Happy holidays. Chairman Winton: Thank you. Same to you. PZ.3 03-0294 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE ROSABELLA PROJECT, TO BE LOCATED AT APPROXIMATELY 446 NORTHEAST 22ND TERRACE, 2221 NORTHEAST 4TH AVENUE, 418 NORTHEAST 22ND TERRACE, 442 NORTHEAST 22ND TERRACE, 421 NORTHEAST 22ND STREET, 425 NORTHEAST 22ND STREET, AND 447 NORTHEAST 22ND STREET, MIAMI, FLORIDA, TO BE COMPRISED OF A 27 STORY RESIDENTIAL BUILDING WITH 258 MULTI -FAMILY RESIDENTIAL UNITS, 5-STORY PARKING GARAGE WITH 470 PARKING SPACES, RECREATIONAL AMENITIES, AND A PLACE OF WORSHIP, WHICH TOTALS 4,200 SQUARE FEET OF FLOOR AREA, WITH 11 PARKING SPACES, DIRECTING TRANSMITTAL, MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 03-0294-Backup1.pdf 03-0294-Backup2.pdf 03-0294-Backup3.pdf 03-0294-Legislation .pdf 03-0294-Exh i bitA. pdf 03-0294-Exh i bitB. pdf 03-0294-Exh i bitC. pdf REQUEST: Major Use Special Permit for the Rosabella Project LOCATION: Approximately 446 NE 22 Terrace, 2221 NE 4 Avenue, 418 NE 22 Terrace, 442 NE 22 Terrace, 421 NE 22 Street, 425 NE 22 Street, and 447 NE 22 Street APPLICANT(S): Antonio Chahine and Saint Germain Foundation, Owners APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 19, 2003 by a vote of 8-1. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1237 Chairman Winton: PZ.3. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3 is a major use special permit for the Rosabella Project located at 446 Northeast 22nd Terrace, 2221 Northeast 4th Avenue, 418 Northeast 22nd Terrace, 442 Northeast 22nd Terrace, 421 Northeast 22nd Street, 425 Northeast 22nd Street and 447 Northeast 22nd Street. This project is comprised of a 27-story residential building with 258 multi family units. The parking garage is five stories, with 470 spaces. It also has recreational amenities, and part of the project is an adjacent piece of property that is a place of worship, which is one they're replacing as a result of this project, which has 4200 square feet of floor area and eleven parking spaces. This project was recommended approval with conditions to the City Commission from the Planning Advisory Board. This project -- the conditions for this project, in addition to the standard conditions, is that pursuant to the UDRB ( Urban Design Review Board) and Planning and Zoning review, the applicant will need additional articulation work on the north elevation, and will need to work with staff in regards to such for final review and approval. What happens with these is that these properties are small, and the parking garages go up for four, five, six stories sometimes, and the articulation of one City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 side is usually done real well, but the other side, sometimes, you know, what the neighborhood sees isn't always very atfractive. We would like to keep working with the architect on the articulation there to either -- like was said on the earlier project -- either come up with a glazing or a louver system, or something to really begin to articulate that garage, and come up with something more atfractive. Other than that, it's been recommended for approval. Chairman Winton: Yes. This is a public hearing, also. PZ.3 is a public hearing. Anyone from the public like to speak on PZ.3? Anyone from the public like to speak on PZ.3? If not, we'll close the public hearing. Lucia? Lucia Dougherty: Lucia Dougherty, 1221 Brickell Avenue, here today on behalf of the owners of the property, Antonio and Rosa Chahine, hence the name, Rosabella. They've owned this property for 35 years, and this is their opportunity to now develop the site. We do agree with all the conditions imposed by staff including articulation of that garage, but since this project has been built, the folks who are adjacent to our garage are also thinking about developing a garage to garage sort of mesh, so you wouldn't see it anyway, but we're happy to work with the staff on that respect. It's been highly recommended by all of the boards that have -- in front of whom we've appeared. It's very unique in that we've taken a place of worship that is currently on the site and placed it in a more prominent portion of the site, and incorporated it in our building, so with that, we'd urge your approval. Vice Chairman Teele: So move, Mr. Chairman. Chairman Winton: We have a motion. Commissioner Sanchez: Second. Chairman Winton: Second. Yes, sir. Commissioner Regalado: Just a question. The house of worship, is it within the building, inside the building? Ms. Dougherty: Currently, no, no. We're giving them a separate building. Commissioner Regalado: No, no -- Ms. Dougherty: Currently, it's not in the building. We've -- Commissioner Regalado: So the building pays taxes. The house of worship don't, right? Ms. Dougherty: Well, it's a very interesting question you ask, and let me kind of explain that. Currently, the house ofworship doesn't, but when we put it on another portion of the site, the development rights that will be part of the Rosabella will actually be paying taxes, whereas the house of worship would not have, so you ask a very interesting question. Commissioner Regalado: So this would be the first house ofworship that would be paying taxes? Ms. Dougherty: In a sense, yeah. Commissioner Sanchez: In a sense. Chairman Winton: In a sense, because the developer is paying the tax, right? Ms. Dougherty: Right. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: OK, and I have a question for staff on this issue, and I've talked about this before. This is Edgewater that got up -zoned in the early mid-'80s, and I've said this over and over again. We have a train wreck coming straight at us in this neighborhood, because you've got all these little narrow sfreets that were designed to accommodate single-family homes and small little properties. Now, we didn't do the up -zoning. That was done a long time ago, so we can't down -zone, so these development rights exist. However, fraffic getting in and out of these projects on those little narrow sfreets is going to be a mess, and so my question is, as we're looking forward, are we going to take our 'paramix" model that we own, that we used to do the modeling for the downtown master transportation plan and do some analyses in Edgewater on that paramix plan to see what's going to happen and anticipate what's going to happen from a traffic standpoint? Because in all of these developments, all of these developers are required to provide a consultant's opinion of impact on traffic. I've never seen a consultant's -- one consultant since I've been here in four years ever say that there's going to be a fraffic problem. They never say that, but our model can actually identify when that problem is going to -- Commissioner Sanchez: At least we're not paying for it. Chairman Winton: Yeah, but can identify when that problem's really going to be there, and it seems to me we ought to be doing that for that neighborhood, and we might be able to stop the train wreck down the road through our fraffic model. Alicia Cuervo-Schreiber (Chief of Neighborhood Services): Commissioner, you have our reassurances we have a traffic engineering and a transportation director on board who's very familiar with the model and we require a fraffic report, traffic analysis done by a professional engineering firm, and we will be doing our due diligence that surrounds that. Chairman Winton: Great, and I'm not talking about just this. I'm talking about the whole neighborhood, because they've done a very nice job with this project, but you can just look and see if every one of these lots gets filled up with these high-rises, it ain't going to work. Ms. Slazyk: Right. So far the fraffic -- Chairman Winton: And that model may be the model that keeps us from wrecking the neighborhood long-term. Ms. Slazyk: Right. Chairman Winton: OK. Ms. Slazyk: Yeah. So far, these fraffic studies have showed that everything's OK, because these are the first few, but you are right, there's a point where it's going to hit. Chairman Winton: That's right. Ms. Slazyk: And the model will help us foresee it. Chairman Winton: Exactly, and then we win. OK, any further discussion on PZ.3? We have a motion and a second. No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Sanchez: Mr. Chairman. City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Yes, sir. Commissioner Sanchez: As I stated at the beginning of the meeting, I'm going to have to excuse myself for about an hour. My son's playing in the championship PAL's (Police Athletic League) football, flag game against Lemon City, and I'm on my way to Curtis Park, and I would -- I should be back in about an hour. Chairman Winton: OK. Well, good luck to your son. PZ.4 03-0051 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 602.4.1.1(5), TO ALLOWA SUPPER CLUB AS DEFINED IN CHAPTER FOUR OF THE CITY CODE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2801 FLORIDA AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED " EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED). 03-0051-Backup1.pdf 03-0051-Backup2.pdf 03-0051-Leg islationA. pdf 03-0051-Exhibit.pdf 03-0051-Leg islation B. pdf 03-0051-Exhibit.pdf 03-0051 - letter.pdf REQUEST: Appeal of a Zoning Board Decision of a Special Exception to Allow a Supper Club LOCATION: Approximately 2801 Florida Avenue APPLICANT(S): F&R Management Corporation, D/B/A Quench APPLICANT(S) AGENT: Nancy Terminello, Esquire APPELLANT(S): F&R Management Corporation, D/B/A Quench APPELLANT(S) AGENT: Nancy Terminello, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions* of the Special Exception and recommends approval of the appeal. ZONING BOARD: Denied the Special Exception on September 8, 2003 by a vote of 5-3. *See supporting documentation. City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 PURPOSE: The approval of this appeal will allow a supper club. Motion by Chairperson Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1239 Note the the Record: The Commission AFFIRMED the decision of the Zoning Board and DENIED the appeal, thereby also denying a Special Exception to allow a Supper Club. Chairman Winton: PZ.4. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 is an appeal of a special exception to allow a supper club at 2801 Florida Avenue. This is a special exception that the Planning and Zoning Department recommended approval with conditions. The Zoning Board had denied -- ended up with a denial of the special exception. It says it was a tie vote, 4 to 4, but the Planning Fact Sheet says 5/3, but I believe that I had heard it was a tie. They voted twice, OK. The Zoning Board's denial was based on some concerns from the neighborhood regarding potential noise and the impact that a supper club at 2801 Florida would have. The Planning and Zoning Department had recommended approval with conditions that, number one, the special exception run with this operator, only. If they were to change to a different operator, it would require a separate special exception, because we only reviewed their plan. The proposed facility shall provide security during the operating hours between 2 a.m. and 5 a.m. The applicant shall submit a revised and approved security plan by the Police Department, which specifies the number of security personnel and locations for said personnel to be posted for review and approval by the Planning Department, prior to issuance of a CU (certificate of use) as a supper club. The approval is also subject to the applicant obtaining parking waivers approved by the Zoning Department with the Coconut Grove Off -Street Parking Advisory Committee, and in order to discourage enforcement problems with underage patrons during nightclub hours, no one under the age of 21 shall be permitted into the club between the hours of 2 a.m. and 5 a.m. Those were the conditions that we had recommended for approval. Chairman Winton: Yes, ma'am. Monika Ramos: I'm Monika Ramos, and I'm one of the unit owners, and 2801 Florida Avenue is a mixed unit. Chairman Winton: Are you -- Joel Maxwell (Deputy City Attorney): She's the applicant so -- Chairman Winton: OK. Ms. Ramos: He is -- I'm an opponent. I was actually -- Chairman Winton: I'll come to you in just a moment. I thought you were with staff so my apologies, and I'll open up the public hearing in just a moment, so hold tight here. Ms. Ramos: OK. Luis Terminello: Good afternoon. Chairman Winton: Yes, sir. City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Terminello: Luis J. Terminello of the law firm of Terminello and Terminello, P.A., here on behalf of the applicant. The way staff recited what occurred below is correct. It ended up to be a 4/4/vote, and it was the concern of the residents in the immediate area, in the immediate building above us that they have some concerns about the noise. I'd like to make a short presentation and then allow the neighbor to make her case and just save a few moments for rebuttal ifI may. Just by way of background, this is a restaurant located on the corner of Florida Avenue and Mary Street, and it's a location that had been a number of restaurants over the course of the last few years, all of which have failed miserably at that location, and have been short-term residents. This tenant, this occupant comes up with a slightly different concept that involves an entertainment component along with the restaurant, and so far, so good that they've been able to sustain themselves. The only issue before the Zoning Board was the complaint of the neighbors that -- complaints of some of the neighbors. This is a mixed use residential area. There are 81 units in the condo building in which they're located, but since this process has begun, it has been the same few neighbors that have complained. As a matter of fact, in the record, we have submitted in front of the Zoning Board petitions from many of the residents in the building who did not have a problem, and since this process began, both meetings with the neighbors prior to the Zoning Board hearing and the subsequent meetings with the neighbors, and the subsequent hearings that we've had here, the number of neighbors that have been opposed to this application has slowly diminished to the point where we are ending up with two or three of the neighbors who we will never convince. My client has worked excruciatingly hard to try and work with the neighbors, make modifications, hire engineers. You name it and we've done it, and we're left with a small group of neighbors that we can't convince, so -- and I'm not going to try anymore. They're just not on board with us. In front of the Zoning Board, we asked for the testimony ofMiami Police Officer Sergeant Eckerd, who deals with the noise complaints in that area. There's a franscript of her testimony in the record that I filed with the clerk, but she is also here tonight to -- in case the Commission has any questions, to clarify some of the items. I would just like to point out three things that she mentioned in her -- and that are embodied in the transcript which I think are important. One of the items found on Page 2 is when she talks to -- when she talks about what happens when a police officer would respond to the very few complaints that they've ever received about noise at this location. The officer responds to her that -- quote/unquote -- and this is found on Page 18 of the franscript -- that standing in the apartment of the person that was complaining that when the refrigerator kicked in, it made a louder noise than they heard coming from the club. Now, this is coming from the Police Department that was called to investigate the noise -- alleged noise violation. Corporal Eckerd also testified -- and it's on Page 8, Line 13, is that as long as she -- As I mentioned, there's been a history of businesses at this location that have been problematic with noise and different items. At Page -- on Page 8, Line 13, she says that as long as I have been in charge of Coconut Grove, I have never had anyone at that location more diligently working with the Police Department to resolve the issue of a restaurant being in a unit with residential, and again, she is here tonight in the event that you have any questions. The concern thatl fried to pass on to the Zoning Board was when the neighbors are complaining about noise, I'm not certain that that's a legitimate issue to be considered when you are contemplating a special exception for extended hours. The premises can stay open 24 hours a day. All that this application does, as I'm sure you're aware, is allow the sale of alcoholic beverages to be extended from 3 to 5. The premises are still open during that period of time, and they can remain open during that period of time. All we are seeking to do is extend the hours from 3 to 5. Now, in all our conversations that we've had with the neighbors, and with Corporal Eckerd, and with the building management, it's clear that with a security plan in place that we could resolve the issues that the neighbors have, and I think that this is very important. Part of the conditions by which the staff has recommended approval -- and, by the way, we've agreed to each and every one of the conditions, without exception -- is a security plan approved by the Police Department. The issues that we have here today regarding a special exception are simply noise complaints by two or three of the residents. We can resolve those issues. It doesn't take the Commission to resolve those issues. It's the Police Department that can resolve those issues with the implementation of a security plan that City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 has to be approved before the issuance of the certificate of use. We have, and it's in the record, filed a proposed security plan, as required as part of the application, but we're looking forward to working with the Police Department to do anything that they require before a final security plan is in place, and that will address the problems that the neighbors perceive, we believe. I just didn't want you -- I didn't want you to leave here thinking that if we are granted the special exception today, that's the end of it. It's not. We still have to go through this process with the Police Department in granting the -- in coming up with a security plan which will involve this neighbor. She'll be able to participate in it, and we'll leave it up to the Police Department to make whatever recommendations they feel are necessary. The other thing to keep in mind is that when you're dealing with a noise violation, if it is an egregious violation and rises to a public nuisance, the Nuisance Abatement Board is always available to these neighbors, to the Police Department to bring an action, as is the revocation of the certificate of use. The -- Corporal Eckerd will testify and has testified in the record that there are not enough instances of noise issues documented that would give rise to filing with the Nuisance Abatement Board. But if that day ever came, there is a procedure and a remedy in place. This is not the end of the line by any stretch of the imagination, and my client is fully cognizant of the ability of the Nuisance Abatement Board, if a problem develops, which we don't believe there has -- As a matter of fact, I believe that it will be the testimony, and it's in the record, that the Police Department has had one or two complaints all year about the noise issue here. Again, we're talking about a very small number of residents in a residential building that has 81 persons. Chairman Winton: But are you selling alcohol between 3 and 5 now? Mr. Terminello: No, absolutely not. We're not permitted to do so. We have not. Chairman Winton: OK. Mr. Terminello: This is -- just to keep in mind also -- but we are permitted to remain open, and that -- and we can sell -- we can stay open, and I think we do stay open till about a quarter to 4, so the point is that what this really is going to do for us is add 45 minutes to our opening time, because it allows the people to wind down and to leave in a -- the other -- this is a location in the Coconut Grove business district that is surrounded by other premises, all of which have been granted the special exception. There's seven or eight of them in the immediate area. 609, Margarita Mamas. When the News Cafe was there, they had it; Oxygen and Mayfair; Flavor, around the corner, all of these restaurants have been granted this special exception. They all operate as supper clubs, and it would be -- There is an issue of an unfair competition to deny it to this location when it has not been -- the special exception has not been denied in any other area. Staff looked at this very carefully, and you should rely on the -- you've heard this before and I'll say it again -- you should rely on your professional staff for their recommendation. They're recommended approval of this application. We've agreed to all the conditions. We're willing to work with the Police Department on the security plan, and I'd just like to take a few minutes for rebuttal if it's necessary. Thank you. Chairman Winton: Thank you. This is a public hearing. We're going to open the PZ.4 to the public, and we need your name and address on the record. Ms. Ramos: Yes. Actually, I would like to ask to continue -- Chairman Winton: We need your name. Ms. Ramos: My name is Monika and (UNINTELLIGIBLE) I'm one of the unit owners and -- Chairman Winton: And your address. Ms. Ramos: My address is 2801 Florida Avenue, Unit 416, and I'm one of the neighbors who City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 has a lot of problems, unfortunately, with the noise. My bedroom floor is their ceiling, and unfortunately, even though you have tried, and they have used some techniques to douse the noise, every night they open, I don't sleep. It is loud. It is boom, boom. You know, when these cars pass by you and that sound? It's not just hearing. It's also the feeling. It goes through the bones, and I can't sleep, and I'm not the only one. It's quite a lot of other unit owners who are not able to be here tonight because of their season, and some of them are in the Hospital. They're going through some physical difficulties. Others are traveling and the business, and so if it is possible, I would like to ask for a continuance, so the other ones can speak on the behalf too, at another time, because, unfortunately, it was only me who could be here tonight and management, and my daughter, which she's actually now doing an internship at Channel 10, and she has to start at 4 a.m. in the morning, and there's no way she can sleep, and she's studying, and it's really impossible. Unfortunately, we have -- they have called me, and we have -- in June, that is in June that they were supposed to set the level so I wouldn't be bothered at night and I could sleep, and unfortunately, it was never -- they called and reset it, but, unfortunately, they never pulled it through. They had live bands, and it vibrates through the whole building. Commissioner Regalado: Mr. Chairman. Ms. Ramos: I -- we had businesses and restaurants before. Yes. Commissioner Regalado: Let me say something. I guess the whole issue here is the noise, and I, that sit on the Coconut Grove Committee, understand very well the situation of the noise, but my question is, what is the results of the new noise ordinance regarding this issue? Because we don't know, so we do not have an ordinance now, so we don't know, so we might -- we might have a situation here where she will call the police, and the police will have to go and use that little thing that they have to test the decibels, and is going to go to you and close down the place, so I don't know why we are doing this now, because we don't know the extent of the ordinance. The ordinance is supposed to protect her, and so I don't -- Chairman Winton: Are you here to speak also? OK, thank you, ma'am. Yes, sir, please come up . Yeah, it's a public hearing, so everybody gets to speak, so, yes, sir. Carl Fitzgerald: Hi. My name is Carl Fitzgerald. I live at 3120 Southwest 24th Terrace, and my brother lives in the building. He couldn't be here, and he asked me to speak on his behalf. Chairman Winton: OK. Mr. Fitzgerald: I've spent the weekend with him, and I have actually experienced what goes on in his apartment, at least, firsthand, and he's directly above the -- quote/unquote -- restaurant in question, and it is noisy. It's like the lady says, it's not noise, per se. It's a lot of vibrating, and it keeps my brother from sleeping, and it's not conducive to a peaceful environment there, and my brother's even considering moving out for this reason, and I'd like to just say that I think the attorney here is misrepresenting the number of people who are against this and are complaining, because it's been many complaints over a long period of time, and I talked to the restaurant directly, and the restaurant is not interested in doing anything to help this situation. The attempts to contact the police have been not very successful, in that people need to go through a certain protocol, and it always hasn't been followed correctly. It's unfortunate more residents couldn't be here tonight, but there are many who have complained. I think if you check the record on the Zoning. I know it's there. There was maybe ten letters against the issue on file, so I'd ask you to check that. It's not only an issue of noise in the apartments. As well, there's a lot of street noise that goes along with this crowd that goes to this so-called restaurant, and it's a certain kind of element, you know. It's a party crowd, and I -- which brings me to -- I think what the real issue here is that they're not operating as a restaurant right now, and it's not a restaurant. It's a nightclub, and they are operating it as a nightclub, and promoting it as a nightclub with loud music, drinking, drink specials, and it's far from a restaurant, and they're City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 already operating it in that way, which is a violation of the use, and they want to extend their hours to just, you know, make more noise, which they're not supposed to be making in the first place, and I think the noise ordinance, it says that 11 p.m., the noise is supposed to stop, so residents can sleep, and they're already in violation of that, and I don't see how that situation is going to get any better if they get extended to 5 a.m. Chairman Winton: OK. Mr. Fitzgerald: He mentioned other restaurants who have gotten the exception, and those don't really apply to this situation. Of course, you have to look at this case. Those establishments do not have residents living over them. They're in the Mayfair and places where it is all businesses, so I would ask you to consider that and -- Chairman Winton: Great. Mr. Fitzgerald: -- not consider the number of residents here, but the issue at hand. Chairman Winton: Thank you. Mr. Fitzgerald: And I'll put this letter from my brother on file. Chairman Winton: Great. Give it to the clerk. Anyone else from the public like to speak on PZ. 4? If not, we'll close the public hearing. You have one more minute. Mr. Terminello: Just very briefly to address Commissioner Regalado's issue. There is a noise ordinance in effect, and the police officers have the right to determine the noise. If there is a violation, the business can be cited. The police, on the few occasions that have been called to the premises have not been able to note any violation of the existing noise ordinance, and that's my point, is that there is no violation. Commissioner Regalado: Yeah, but we don't know yet, because we don't know the levels of the next or the new noise ordinance. Mr. Terminello: Correct, but if it changes, then -- and if we're in violation, we'll have to pay the piper at that time, but we're not in violation now. The last witness testified specifically that we were in violation of something. We are in no violation of anything. We have not been cited for any violation of the noise ordinance, nor have we been cited for any violation of the use, so I don't really even know what he's referring to at that point. Vice Chairman Teele: All right. Thank you very much. Are there any other discussions? Is there a motion? The public hearing has been closed, right? Chairman Winton: Yes, that's correct. I closed the public hearing. I also feel that this is -- that the comparison between this establishment and all of the others that do have special exceptions, which are principally in the Mayfair and in commercial buildings -- this is a very different situation. This is an establishment that's in a building that's principally residential, and I think, from my viewpoint, and I haven't been involved in this, but I felt this is a problem when I read this agenda, and I don't think it serves the public at all to extend the period of time from 3 to 5 in this establishment for serving alcohol. I don't think that helps anything. I don't think it helps the neighborhood. Certainly doesn't help the neighborhood. It would help you all, but I think it would add to this problem that already exists relative to noise in that residential building, and I think that with our new noise ordinance, maybe we'll be able to do some things that are going to help, but at least right now, we probably aren't providing the kind of relief that the people who -- and I've been around plenty of music and I've been in all these -- I've been in lots of clubs, and I know exactly what bass does in buildings, and bass, bass can vibrate you, and so I'm going to City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 move that -- move to accept the Zoning Board's recommendation for denial of the special exception for this particular establishment. Ms. Slazyk: OK, so that's a denial of the appeal. Chairman Winton: A denial of the appeal, right? Ms. Slazyk: Right. Commissioner Regalado: Second. Vice Chairman Teele: Motion is made and seconded. Is there further discussion by the Commission? If not, Madam Clerk, call the roll. A roll call was taken, the result of which is stated above. PZ.5 03-0191 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, REQUIRED REAR YARD, TO ALLOW A REAR YARD SETBACK OF 5'0" (20'0" REQUIRED) FOR A TWO -FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2136 NORTHWEST 18TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE WITH TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A.") 03-0191-Backup1.pdf 03-0191-Backup2.pdf 03-0191-Leg islationA. pdf 03-0191-Exhibit.pdf 03-0191-Leg islation B. pdf 03-0191-Exhibit.pdf 03-0191 - submission.pdf REQUEST: Appeal of a Zoning Board Decision of a Variance to a Rear Yard Setback LOCATION: Approximately 2136 NW 18 Street APPLICANT(S): Ada I. Cardona, Owner APPELLANT(S): Ada I. Cardona, Owner APPELLANT(S) AGENT: Luciano Isla, Esquire City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the variance and recommends denial of the appeal. ZONING BOARD: Made a motion to approve, which failed, constituting a denial of the variance on September 22, 2003 by a vote of 4-4. PURPOSE: The approval of this appeal will legalize an existing duplex with a lesser rear yard setback than required. Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Noes: 1 - Commissioner Winton Absent: 1 - Commissioner Sanchez R-03-1234.1 Note for the Record: The Commission REVERSED the decision of the Zoning Board and GRANTED the appeal, thereby approving a variance for a rear yard setback. Chairman Winton: Mr. Manager, do we have any other agenda items? Mr. Manager? Mr. Joe Arriola? Joe Arriola (City Manager): No, we don't. I don't have any others. Chairman Winton: OK. Thank you. Back to PZ (Planning and Zoning). We're going to go to PZ.5. Vice Chairman Teele: All right. Yes, sir. Luciano Isla: Good afternoon, Mr. Chairman, members of the Council. My name is Luciano Isla. I'm an attorney at law with offices at 1790 West 49th Street, Hialeah, Florida. I'm here this evening, Mr. Chairman, representing the property applicant, Ms. Ada Cardona, who is accompanied this evening by one of her daughters, Ms. (UNINTELLIGIBLE), behind my exhibit. We have provided, Mr. Chairman, to all of the members of the Commission a packet consisting of a number of items, and I'll go through them very briefly. I'll summarize them as part of my application. We're in front of you on a tie vote, following a motion for approval made by the City Planning Advisory Board. At that meeting, it was moved that the subject application be approved. We're here requesting a variance of 15 feet where 20 feet are required. We have prepared and we have submitted from the outset as part of this application a full set of building plans that have been approved by your City staff that have been reviewed by the City staff. In 1989, the applicant, Ms. Ada Cardona purchased this property in our district in the neighborhood ofAllapattah. This has been her homestead since -- I saw you signal, Mr. Chairman. I didn't know whether to stop. OK Sorry, Mr. Chairman. This property has been her homestead since 1989. In 1991, the neighbor to her -- to the east of this property began construction of an addition that was subsequently after the fact approved by the City. She hired the same contractors as her neighbor had. Unfortunately, the contractor did not go through with this building application. As a result, we are here seeking a variance of five feet on the rear side where 20 feet are required. Commissioner Gonzalez: Five feet or 15 feet? Mr. Isla: Fifteen feet, Commissioner Gonzalez, a variance of 15 feet. The rear setback variance required is 20 feet. We're seeking a variance of 15 feet, that as per the plans would then leave a City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 five-foot variance to the rear of the property. Commissioner Gonzalez: (INAUDIBLE). Mr. Isla: Yes, Commissioner Gonzalez. The plans that you have in front ofyou and the reason why this variance is justified, at the offset, this is the (UNINTELLIGIBLE) plat. ( UNINTELLIGIBLE) is a neighborhood platted by the City in 1914, December 1914. From the offset, the entire plat is not uni-dimensional. As you can see from your exhibits, it is askew, and there is no way to get equidistance dimensions from the rear. It is important to point out that the real building addition that we're looking at here is approximately a 148 and a half feet family room extension, because the balance of the variance application is simply a roof that was built, attached to the main sfructure that also then matches the rear of the family room addition. The applicant has, as a single mother and now a grandmother, raised four daughters, has three grandchildren and one great-grandchildren. But for the fact that this building is attached to the main sfructure, and there's only a 148-room -- family room -- the setback would only have needed a five-foot setback, thereby leaving eight a ten foot setback, but what is important about this -- and I've highlighted this in your exhibit -- is the following. The net lot area is 5,500 square feet. It's all part of my appeal letter. The structural addition consists of the 148 and a half feet playroom area and the roof area, which is 365.7 feet, for an additional 514.2 feet, square feet, but when you add those, you will then have a floor/area ratio of only 2,223.6 square feet, which is below the 4,129.8 square feet that is allowable. In addition, the footprint, including the additions for which the variance is being sought would have a total of 2, 723.6 square feet, where 2,753 are allowed. The portion of the property underneath the roof will continue to have a 20-foot setback, because there is no enclosure there, and there is no extension on the building along to where the roof is located. The plans that you have -- and these were built -- these plans were drawn from the actual sfructure of the property -- again shows that it is only where the 148 square foot playroom was extended, being attached to the property. The rest is in a terrace that has not been enclosed. Chairman Winton: We've heard that several times now, so let's not repeat, please. Mr. Isla: Yes, sir. I'll proceed. Along with your package and the application, you have the certification of Civil Engineers Jose Martinez, Civil Structural Engineers and Nelco Testing Services, Engineering Services attesting to the fact that the structure that has been built, albeit without a permit, nevertheless meets building requirements. The motion by the Zoning Board would require affirmation that, indeed, the roof and the addition meet South Florida building requirements. As part of the application, we have submitted a radius map surrounding the property. You have this exhibit in front ofyou. You have here highlighted in yellow the subject property. The light blue indications show all of the property owners, Ms. Cardonas' neighbors who have signed waivers of objection to the application that is in front of you today. But for the neighbor in Lot 23, Mr. Sands, whom we have spoken -- is just simply elderlies in a home and he cannot express very well, you know, what he is or thought should do, but you can see how the neighbors surrounding the property have signed waivers objecting -- not objecting -- waivers objecting to the application that is in front ofyou. To the north, the property borders Northwest 18th Street. To the north of the property, you have Tract "A," which is, again, as part of your exhibit. You see a huge 200-unit development just to the north of the property. And to the south of the property, likewise, you have a 300-unit development, HUD (Department of Housing and Urban Development) development that was approved by the City. The point being, Mr. Chairman, that this neighborhood has previously been carved up and granted extensions or exceptions to allow much more higher density than what has been previously permitted in the property. The five-foot rear setback is not strange to the City ofMiami. Indeed, you have as part of your packages Ordinance Number 1682 that was passed and adopted by the City Commission then that permitted single-family homes and duplexes with a five-foot rear setback on their yard. There are no variances being sought here. There are no side setback variances. There's no front setback variances. The only variance that is being sought is the variance to the City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 rear setback, and that only because of the family room extension that is attached to the main building that was brought back. No other variances are being required. The neighbors have signed their waivers of objection. We would request your approval. Thank you very much, Mr. Chairman. Chairman Winton: Thank you. This is a public hearing. Anyone from the public like to speak on PZ.5? Anyone from the public on PZ.5? If not, we'll close the public hearing. Commissioner Gonzalez, this is in your disfrict. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: Just for the record, before you begin your discussions, I just want to remind you that the testimony or the statements made by counsel regarding the opposition of the neighbors in that area is not relevant to those discussions. Chairman Winton: Thank you. Vice Chairman Teele: What's relevant? Hardship? Commissioner Gonzalez: What did you say about opposition? Mr. Maxwell: It's not relevant to the discussions. I think what counsel did was he pointed out those that had signed waivers of opposition to this. Commissioner Gonzalez: Yeah. Mr. Maxwell: That's not relevant. You should not take that into consideration. This is a variance, so the conditions, the requirements for a variance are what you would consider in this particular case. Chairman Winton: Commissioner Gonzalez, you want to start? Commissioner Gonzalez: Yeah. I have a couple of questions. First of all, let me tell you, the statement that you just made that whatever happened in the past, where people were allowed to do "X, " "Y" and "Z" is not relevant in this case, because whatever happened in the past, we are not going to allow to happen in the future and in the present, because that's the reason why some neighborhoods are the way they are, and that's why we're having such a tough time to get this City squared away, a place where everybody feels good to live in, under decent conditions and under proper conditions, so whatever happened in the past belongs to the past. It isn't going to be tolerated in the present, and I'm sure it isn't going to be tolerated in the future. Second, my question is, how many families live -- Do we have any illegal units in this building? Is there one family, two families, three -- what is it? Is it a single-family home? Mr. Isla: Commissioner Gonzalez, this is a duplex built in a duplex disfrict. There are two families living in this. The applicant, Ms. Cardona, has made this property her homestead. It is her homestead since 1989. She resides in the southern unit. Other families reside in the other -- another family resides in the northern unit. Commissioner Gonzalez: Lourdes, is this duplex in compliance? Lourdes Slazyk (Assistant Director, Planning & Zoning): This is R-2. Commissioner Gonzalez: Is it under compliance? City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Ms. Slazyk: I don't see any notice of violation in the package. Perhaps Teresita could answer if there is any violations for illegal unit. Commissioner Gonzalez: Well, Teresita, is leaving (UNINTELLIGIBLE). Mr. Maxwell: I think maybe counsel can assist you on that. I believe this has -- is there an ongoing Code Enforcement violation on this site? Mr. Isla: Mr. Chair to Commissioner Gonzalez to counsel, the Code Enforcement violation pertains to the building -- Ms. Slazyk: Right. Mr. Isla: -- or the family room and the roofwithout a permit. It is our intent, if approved by the Commission, and we've spoken with the City Neighborhood NET (Neighborhood Enhancement Team) Team, NET Team to -- once we go through the variance process -- Mr. Maxwell: To address that issue. Mr. Isla: -- then address the Code Enforcement issue that relates only to the building of the family room and the roofwithout a permit. Ms. Slazyk: Right, but no illegal units, right? Mr. Isla: No, there are no illegal -- it's a duplex. Ms. Cardona lives here as her homestead since '89. There's another family that lives or rents the other unit. Teresita Fernandez: Teresita Fernandez, Hearing Boards. We did not allow any item to go forward with an illegal unit. Commissioner Gonzalez: OK Thank you. Mr. Isla: Thank you very much. Commissioner Gonzalez: OK According to -- ifI understand correctly, only a portion of this structure is the one that is going to require a lesser setback, right? The area, which is an open porch, which is about 50 percent or 60 percent of the construction meets the -- is going to meet the 20-feet setback, right? Ms. Isla: Commissioner Gonzalez, I apologize ifI confused everyone. Let me state my point, and if I'm incorrect, then the staff can correct me. Because -- only the family room, the 148 feet is an actual sfructure attached to the main structure. Because the roof is attached also to the main sfructure, even though it is an open terrace and you have photographs of the unit, because the roof is attached also to the main sfructure, then you'll have to request a variance, even though it is an open terrace, but the terrace will not be enclosed. It has not been enclosed, and there are no plans to enclose it. It is -- those are the nuances of the variance requirement. Chairman Winton: Does the roof cover the entire terrace? Mr. Isla: Only -- except for five feet in the rear. Chairman Winton: So isn't that -- doesn't the roof then violate also the 20-foot setback requirement? City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Ms. Slazyk: Yes, it does, because the columns fall in that area, and they can't have -- so even though there's just a portion of that structure that's enclosed, the roof covers the entire thing, except for the five -- Chairman Winton: The entire thing, doesn't it? Ms. Slazyk: Right. So his variance is for the rear, leaving only a five-foot setback. Ms. Isla: I guess the distinction I was trying to make is that the entire house was not put back to within five feet of the rear, but we are requesting a variance on both, Commissioner Winton, and that's the application. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: OK So what you're saying is that the terrace, the open terrace is also taking 15 feet of the 20 percent -- of the 20-feet setback required, correct? Mr. Isla: That's correct, Commissioner Gonzalez, and that is part of the application, as well. Commissioner Gonzalez: But that is an open space. Mr. Isla: It is an open space, Commissioner. Chairman Winton: It's a roof. Mr. Isla: Yes. Commissioner Gonzalez: It's a roof. OK. Can I -- can we approve this with a condition that that terrace don't be closed? Ms. Slazyk: Absolutely. Commissioner Gonzalez: All right. I'm going to make a motion to approve with the condition that that open space will never be closed to make any additions to that property. Mr. Isla: We can submit a covenant running with the land in an acceptable form to the City Attorney's Office and the staff and record it as part of the property. Commissioner Gonzalez: That is my motion. Chairman Winton: We have a motion. Need a second. Vice Chairman Teele: Second. Chairman Winton: I have a motion and a second. Discussion. Mr. Maxwell: Reversing the Zoning Board. Ms. Slazyk: Right. Mr. Maxwell: And affirming. That's the motion. Chairman Winton: That's the motion. Mr. Maxwell: Yes, sir. City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: And I guess I'm more troubled by this. I don't see a hardship here. I think somebody created their own problem here. If someone would have gotten a permit to begin with, this issue wouldn't be before us, because the issue would have been resolved up front, and we're essentially signing off on the fact that your client illegally added onto the property, and now then we're going to say, well, OK, and I can't get there, myself so -- but anyhow, roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The resolution has been adopted, 3/1. Mr. Isla: Thank you very much, Mr. Chairman and Commissioners. Happy holidays, merry Christmas, happy New Year to everyone, and my client thanks you all very much for this Christmas gift. Vice Chairman Teele: What about Kwanza? Mr. Isla: I beg your pardon, sir? Vice Chairman Teele: What about Kwanza? Mr. Isla: I beg your pardon, sir? Vice Chairman Teele: What about Kwanza? Mr. Maxwell: Kwanza. Mr. Isla: And Kwanza, also, Commissioner Teele. Chairman Winton: PZ.6. Mr. Isla: Thank you very much. PZ.6 03-0194 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40, OF THE ZONING ATLAS OF ORDINANCE 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 TWO-FAMILY RESIDENTIAL TO R-2 TWO- FAMILY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3150, 3160, AND 3138-40 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 03-0194-Backup1.pdf 03-0194-Backup2.pdf 03-0194-Legislation.pdf 03-0194-Exhibit.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Residential to R-2 Two -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 3150, 3160 and 3138-40 SW 21 Terrace APPLICANT(S): Coral Way Medical Group, LLC and Herminia Diaz, Owners APPLICANT(S) AGENT: Lucia Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial to City Commission on June 2, 2003 by a vote of 6-3. PURPOSE: This will apply the SD-12 Buffer Overlay District to the Two - Family residentially zoned properties listed above. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele 12460 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 is a second reading of change of zoning for an R.2 property located at 3150, 3160, 3138 through 40 Southwest 21 st Terrace. This is in order to add the SD.12 overlay to this R.2 property. The City Commission passed this on first reading November 25th. It was originally denied by the Commission, then reconsidered, passed on first reading November 25th, and it's here before you today as second reading. Chairman Winton: PZ.6 is a public hearing. Anyone from the public like to speak on PZ. 6? Anyone from the public on PZ.6? Lucia Dougherty: Yes, sir. Chairman Winton: I'm sorry? Ms. Dougherty: Yes, sir. Chairman Winton: Yes, ma'am. Myriam Ordaz: Good afternoon, Chairman Winton and other members of the Commission. My name is Myriam Ordaz, and I reside at 3151 Southwest 21 st Terrace, Miami, Florida. As I stated at the meeting on November the 25th, this is about the fourth time that we've met. The first started on June 2nd, when we went before the Zoning Board, where they voted in favor of the homeowners, 6 to 3, and recommended to the City Commission to deny this petition. On July 24 th, we again attended a public hearing for the first reading of the ordinance, which was stated priorly, prior to this, and you denied. After the petitioners, the Coral Way Medical Group and their attorneys met with you on September 11 th, which was a meeting that the homeowners were unaware of at that time, you voted to reconsider this petition. What made you reconsider? I'd like to know, because I fried to get a copy of the minutes from Ms. Joyce Jones, who's been very helpful, but she told me that not all of the minutes have been transcribed. The last meeting that City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 we had on November 25th, you voted in favor of the petitioners, and you encouraged them and highly recommended that they meet with the homeowners, and to come up with a covenant, so I called Dr. Rafael Alas on Tuesday, December the 2nd to schedule a meeting. He told me that there was already a meeting scheduled for Wednesday at 6 o'clock, and I said, you know, I hadn't heard anything. I hadn't gotten anything from the mail. When I got home, I did have a card per certified mail, so they did create a paper fail, so we said, OK, we'll meet with you at 6 o'clock. The homeowners met at their office, and we waited almost until 7 o'clock. Some of the homeowners left, because the architect had never showed up, and it was late, but when I start something, I try to carry it through to the end, so myself and two other homeowners stayed. We met with the representatives. Basically, they didn't have any new information to present. They had -- I'm assuming it was the attorney who had the picture of what the fence would look like. It was the same thing that we saw back in July. Nothing had changed. They -- you know, we expressed our concerns, what changes with the landscaping and things like that. They said that they would mail us a copy of the covenant, which they did, and I shared it with the homeowners. They also dropped off a picture ofwhat, you know, the wall would look like with the changing, and the palm frees, and just changing some of the shrubbery that was in the original picture. Then they also dropped off a picture of what the parking lot would look like, and we just got a picture now, because they did have to make corrections. It said six feet and it's actually seven, and in the original picture, it was only part of the wall, not all the way to the end, where they had said it would be, so they did give us the pictures now ofwhat it would look like, but as far as the covenant, I really don't see it addressing any of the issues that we had, you know, before you. It only addresses 3138-40, not the other property, 3150, 3160, and, yes, it is for 30 years and they can extend it every ten years unless modified, amended or released prior to the expiration, but it doesn't really guarantee the homeowners that they can continue to acquire property down 21 st Terrace and then request, you know, a change of zoning for the other homes that they decide to purchase in the future. At this point after, you know, after the meeting, it was kind of obviously that, you know, basic -- it was obvious to the homeowners that it was basically a done deal and a lot of us are very disappointed. Some of them, you know, left. You know, we felt that if we had voiced our opinion, and we worked with the system that the City Commission would continue to support the homeowners, but it seemed at that moment that we were kind of mistaken because of what was presented, so if you'd indulge me for a moment, I just want to remind -- part of the minutes that got ftom the July 24th meeting where Commissioner Gonzalez stated: You might think the SD.12 has worked in other places. We saw it work on 27th Avenue where now Eckerd's stands. The SD.12 has worked. It worked on LeJeune where we had the traffic problem in the residential area. I'm afraid, I'm afraid that the parking situation is going to become worse in the area, because we are about to approve a new project where the Peruvian restaurant is. There are new plans with (UNINTELLIGIBLE), which will mean the Sears will not be able to rent parking spaces at former (UNINTELLIGIBLE) shopping center, so there's going to be a problem in the area for parking, but protecting the residential neighborhood is what we are here for, so my motion is to deny the request, and this was on July 24th. Commissioner Sanchez seconded the motion. Chairman Winton: We have a motion and a second, and Commissioner Regalado and I will, as you know, support this completely, because we both feel the same way about this. The reason that bring this up is to remind you that just a few days ago, on December the 15th, I wasn't able to attend, but we did receive information, you know, from the -- a notice for a public hearing. I wasn't able to attend, but this was pertaining to property on 22 nd Terrace. There for the Blue Project, they bought, I guess, one, two, three, about four properties, and they asked for variances, and they've also asked to change the zoning from an R. 2 to a C.1, commercial restricted, and to me, it's setting a precedent. This is what big businesses are continuing to do. They're going into the neighborhoods, buying houses, knowing what the zoning is, and then asking you to change it to fit their needs. And, you know, I'm asking again if you reconsidered in September when we weren't aware of this meeting that you reconsider again and don't allow these businesses to come into established neighborhoods and continue to buy property, knowing what the zoning is, ask for variances, amendments, because that's what they're trying to do here, and change the neighborhood. It's not fair to the homeowners. We have -- I have a homeowner with me. He's been there 60 years. His father built that home which he now City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 lives in. I've been a resident of 21 st Terrace for 20 years. My son was born in that house, and I don't feel that it's fair. And they were, you know, very professional. They kind of did what you asked them to do, because otherwise, you were going to vote no, butt want you to know that, you know, we're very upset with the process, because they just met with us December 3rd, because at the November meeting, you -- you didn't force them, but you highly recommended that they meet with the homeowners. That was their first attempt, and we've been battling with this issue since June. I want to thank you for your time, and happy holidays. Chairman Winton: Thank you. Ms. Ortiz: Thank you. Alejandro Gonzalez: Afternoon, Commissioners. My name is -- Chairman Winton: And I just want the public hearing portion two minutes per person. I gave her more time, because she's really representing all the homeowners, so, Lucia, I'll come back to you in a second. Yes, sir. So name and address, and you have two minutes. Mr. Gonzalez: Good afternoon. Alejandro Gonzalez, 3115 Southwest 21 st Terrace. I'd first like to start by saying that I wasn't here for the last meeting. I was here to the first meeting. I've resided at that address for 33 years now. I'd first like to start by saying that when we met with them on December 3rd, when they were going to discuss their plans, I was actually considering your advice, the Commissioners' advice to get together and come up with a plan where we can both agree on. Unfortunately, as Myriam stated, it didn't work that way. I believe -- I strongly feel that the opposing party has acted in an aggressive manner; not a party that's interested in gaining our consent, and I think that's apparent in the appeals process. I think it's -- the appeals process is something that takes some time, is a lengthy time, yet we were here, I think, a month after the last meeting. I'm here for the best interest of the neighborhood. I feel that in the manner this party has conducted themselves has not been in a manner that's -- as a party that's interested in acquiring this parking lot. I'm an elementary schoolteacher by profession, and I know that these same doctors, who also deal with -- there's human contact here, we know that there's a certain approach we need to have to seek the results we want, and they just haven't done that. Their manner, their behavior hasn't been of one that, you know, wants to acquire our trust and let them put this parking lot. I'd like to thank you for your time, and please, like I said, I'd like you to oppose this. I'm against this parking lot. Thank you for your time. Chairman Winton: Thank you. Thank you. Anyone else from the public on PZ -- what is this? 6 ? Is this 6? 6. Anyone else from the public on PZ.6? If not, we'll close the public hearing. Vice Chairman Teele: May I inquire of the attorney? Have we -- did -- was the covenant received, and proper and -- Joel Maxwell (Deputy City Attorney): Yes, there -- Vice Chairman Teele: -- you never responded to the first? Mr. Maxwell: A covenant was received. It was reviewed by the CityAttorney's Office. It's a voluntary covenant, as you know. It did not address all of the issues that this lady raised right here, so the answer to that question is that they have proffered what, you know, they voluntarily want to, and what they felt the Commission asked for, but it did not address all of the issues that the lady raised. Vice Chairman Teele: What was the duration of the covenant? Chairman Winton: Yeah. City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Maxwell: It was a -- Ms. Dougherty: It's a typical covenant of 30 years, plus ten-year renewals. I mean, that's the way they typically are, and that's the form that you all use all the time. Mr. Maxwell: And could be amended with City Commission hearing, public hearing, so forth. Chairman Winton: Oh. Mr. Maxwell: So it could be amended at any time, but it does have a duration. Vice Chairman Teele: Could it be amended -- when you say could it be amended, it's a voluntary covenant, so you're saying it could be amended through a voluntary agreement? Mr. Maxwell: No, sir. Ms. Dougherty: No. Mr. Maxwell: They would have to come back to the Commission, but they could come back next year. Vice Chairman Teele: But it would have to be proffered by the profferer of the covenant, the amendment would be? Mr. Maxwell: The amendment -- yes, sir. Vice Chairman Teele: We could not mandate an amendment? Mr. Maxwell: That's right, sir. Vice Chairman Teele: OK Chairman Winton: Lucia. Ms. Dougherty: Lucia Dougherty with offices as 1221 Brickell Avenue. I'm here, joined by Drs. Mases, because there's two of them; Dr. Carrillo, and Dr. Redondo, who are the physicians who purchased the property at 31 st and Coral Way. You'll see the actual building -- Marisol Gonza lez, my legal assistant is going to show you this. What's marked in green is the existing parking lot, and immediately adjacent to it is the proposed addition to the parking lot. What we've done is we've asked the neighbors -- and I must tell you that they have been very thorough and very professional. We -- you know, I've told Ms. Ortiz that I probably ought to hire her in the future to do my research, because she is terrific in that respect, so this is what the parking lot or the parking lot condition that we proposed at that meeting on December the 3rd. It is something that we believe that is an addition to the neighborhood and something that will actually help the neighborhood to keep the parking out of the neighborhood and in the parking lot. The covenant that we proposed is something that you all had asked, and it says three things. First of all, it will only be a surface parking lot. There will never be a commercial request on the -- a commercial request for zoning proposed on it. No other property on 21 st Street can the doctors attempt to acquire to service as a parking lot for this building. Again, we've met with the neighbors. We've modified the wall to go all the way to 31 st Street, which was what they had requested. Several people asked us to make it a seven foot wall instead of an eight foot wall, which we agreed to. They asked us to have the landscaping minimal so that it'd be low maintenance. They asked that the wall adjacent to Mr. Delgado's house be six foot and plain on the property. We've done that. We've proposed a covenant. We are happy to do any other additions that were proposed, but we City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 made the covenant to exactly as the Commission had requested, and as the neighbors had asked us to do, as well, so with that -- and also, the City's Planning staff was at the attendance of the meeting on December the 3rd, Enrique Nunez, who is the landscape architect for the Planning staff. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: The Attorney indicate -- the City Attorney indicated that not all of the changes that you have agreed to are in the covenant. What's not in the covenant that you've agreed to? Ms. Dougherty: I don't know. Mr. Maxwell: Not -- no, sir. What I said was -- I'm sorry, Commissioner. I probably didn't make myself clear. What I was saying was when the lady was speaking a moment ago, she was - she indicated apparently things that they had requested that were not in the agreement. For instance, I believe she mentioned prohibiting the doctors from buying any more property along that street or something like that. Ms. Dougherty: I just -- Mr. Maxwell: I mean, that's not in there. Ms. Dougherty: That is in there. Remember we -- Mr. Maxwell: No. She said any lots at all. I think what the lady said went a lot further. I know in there -- you're right -- in the covenant is a prohibition of purchasing property -- Ms. Dougherty: On 21stAvenue to service this building. Mr. Maxwell: -- on the -- right. Ms. Dougherty: 21 st Terrace, excuse me. Commissioner Regalado: OK. Chairman Winton: Commissioner Regalado. Commissioner Regalado: Well, thank you very much, Mr. Chairman. I still say that SD.12 has worked, and I still say that we have a problem, as we've been talking all day here of parking, especially in Coral Way, and we will have more construction, something that we do not control, Coral Way being a commercial road, and there will be some more problems in terms of parking in residential. Now, the wall is there. The building is there. I think that the covenant requested by the City Commission of them not ever buying any other property on 21 st Terrace and only having the surface parking, it's a good covenant. It's something that would protect the neighborhood, and the plans as requested by some residents of the wall seems to be one that will not affect the neighborhood in terms of intruding of commercial activity in that area. It would be protected of noise if there is any, any other nuisance, so, Mr. Chairman, I move -- Mr. Maxwell: Commissioner, before you -- may I, before you make your motion or -- just one point. What I've heard several times is that the applicant be prohibited from purchasing any more property. I think what you're -- I think what's being said is any more property for use for parking, right? City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Regalado: That's right. Mr. Maxwell: Not for -- prohibition -- Commissioner Regalado: No, she said it, for parking. No. She said for parking. Mr. Maxwell: They're limited for parking, just for parking. Commissioner Regalado: No, no. She said for parking. Mr. Maxwell: Right. Ms. Dougherty: If they want to use it for a house, they can use it for a house. Mr. Maxwell: Right. But that's what's been said several times, and that's what the young lady said, as well, was prohibition on purchasing any more property, and, of course, I doubt anyone would ever agree to that, so -- and this is a voluntary proffer; right, Ms. Dougherty? Ms. Dougherty: That's correct. Mr. Maxwell: Thank you. Commissioner Regalado: OK, so, Mr. Chairman, I'm read to move the second reading ordinance PZ.6 for SD.12 buffer overlay for the property located at 3150, 3160, 3138-40 Southwest 21 st Terrace in Miami, so move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Is it an ordinance? Mr. Maxwell: It's an ordinance. Chairman Winton: You want to read it. Mr. Maxwell: An ordinance of the Miami -- this is a motion to approve this one, sir? Commissioner Regalado: Yeah, a motion to approve. The ordinance was read by title into the public record by the Assistant City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. Chairman Winton: PZ.9. Ms. Dougherty: Thank you very much, and happy holidays. PZ.7 03-0062 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1730 AND 1742 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO " RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0062-Backup1.pdf 03-0062-Backup2.pdf 03-0062-Legislation .pdf REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1730 and 1742 SW 7 Street APPLICANT(S): Vilac, Inc. APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 16, 2003 by a vote of 5-1. ZONING BOARD: See companion File ID 03-0062a. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12458 Chairman Winton: OK, PZ.7. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.7 and 8 -- for the record, Lourdes Slazyk, Planning and Zoning Department. PZ.7 and 8 are Second Reading Ordinances, a companion land use and zoning change for 1730 to 42 Southwest 7th Street, from medium density multifamily residential, on PZ.7, and the companion zoning change from R-3, with an SD -12 buffer overlay to C-1, to SD-14 Latin Quarter commercial residential with a pedestrian pathway designation. These have been recommended for approval by the Planning and Zoning Department, approval by the Planning Advisory Board and Zoning Board, and passed by the Commission first reading. Chairman Winton: This is a public hearing. Anyone from the public would like to speak on PZ. 7? Anyone from the public on PZ.7? If not, we'll close the public hearing. Commissioner Gonzalez: Move PZ.7. City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: We've got a motion. Commissioner Sanchez: Second. Chairman Winton: A second. Joel Maxwell (Deputy City Attorney): It's an ordinance, sir. Chairman Winton: Read the ordinance, please. The ordinance was read by title into the public record by the Deputy City attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. PZ.8 03-0062a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF ORDINANCE 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-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT AND C-1 RESTRICTED COMMERCIAL TO SD-14 LATIN QUARTER COMMERCIAL - RESIDENTIAL AND PEDESTRIAN PATHWAY DESIGNATION ON SOUTHWEST 8TH STREET FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1730-42 SOUTHWEST 7TH STREET AND 1731-35-37 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0062a-Backupl .pdf 03-0062a-Backup2.pdf 03-0062a-Legislation.pdf 03-0062a-Exhibit.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium Density Residential with an SD-12 Buffer Overlay District and C-1 Restricted Commercial to SD-14 Latin Quarter Commercial -Residential and Pedestrian Pathway Designation to Change the Zoning Atlas LOCATION: Approximately 1730-42 SW 7 Street and 1731-35-37 SW 8 Street APPLICANT(S): Vilac, Inc. APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0062. ZONING BOARD: Recommended approval to City Commission on September 22, 2003 by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. NOTES: File ID 03-0063 was changed to File ID 03-0062a for Second Reading. Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12459 Chairman Winton: PZ.8. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 is the companion. Chairman Winton: Anyone from the public would like to speak on PZ.8? Anyone from the public would like to speak on PZ.8? If not, we'll close the public hearing. Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Also an ordinance. Would you read the ordinance, please? The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been adopted on second reading, 5/0. Ms. Slazyk: Thank you very much. PZ.9 03-0064 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 201 NORTHWEST 37TH AVENUE A.K.A. 3681 NORTHWEST 2ND STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0064 Submission-1.pdf 03-0064-Backup1.pdf 03-0064-Backup2.pdf 03-0064-Legislation .pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 201 NW 37 Avenue a.k.a. 3681 NW 2 Street APPLICANT(S): La Ciencia Quality Dry Cleaning, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 16, 2003 by a vote of 6-0. ZONING BOARD: See companion File ID 03-0064a. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele 12461 Chairman Winton: We did 7 and 8. Commissioner Gonzalez: We did 7 and 8. Sorry. Chairman Winton: Yes. PZ.9. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9, 10, 11 and 12 are actually all companion items regarding -- this is second reading land use and zoning change for the properties on 37th Avenue. The applicant had proffered -- had voluntarily proffered a covenant at first reading. I have the covenant here before me. It addresses all of the concerns of the Planning and Zoning Department, including setbacks, landscape buffer, and upper level setbacks from adjacent residential areas. With this covenant, if the City Commission accepts it, we have no further objections. Chairman Winton: OK. PZ.9 is a public hearing. Anyone from the public like to speak on PZ.9 ? Anyone from the public on PZ.9? If not, we'll close the public hearing. Second reading, I think this is your district, Commissioner Regalado. Commissioner Regalado: Yes, sir. I'll move the second reading ordinance, PZ.9. City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Further discussion. It's an ordinance. Please read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. PZ.10 03-0064a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF ORDINANCE 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 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 201 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0064a-Backupl .pdf 03-0064a-Backup2.pdf 03-0064a-Legislation.pdf 03-0064a-Exhibit.pdf 03-0064a - submission.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 201 NW 37 Avenue APPLICANT(S): La Ciencia Quality Dry Cleaning, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: See companion File ID 03-0064. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 6-2. PURPOSE: This will allow a unified commercial development site. NOTES: File ID 03-0065 was changed to File ID 03-0064a for Second City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Reading. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele 12462 Chairman Winton: PZ.10. Lourdes Slazyk (Assistant Director, Planning & Zoning): 10 is -- Chairman Winton: Companion. Ms. Slazyk: -- the companion. Chairman Winton: Public hearing on PZ.10. Anyone from the public like to speak on PZ.10? Anyone from the public on PZ.10? If not, we'll close the public hearing. Motion? Commissioner Regalado: I move for PZ.10, Mr. Chairman -- Commissioner Gonzalez: Second. Commissioner Regalado: -- on second reading. Chairman Winton: Motion, second. Discussion. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. PZ.11 03-0066 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3680 NORTHWEST 2ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX 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. 03-0066-Backup1.pdf 03-0066-Backup2.pdf 03-0066-Legislation .pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3680 NW 2 Terrace APPLICANT(S): Enterprise Investments, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 16, 2003 by a vote of 6-0. ZONING BOARD: See companion File ID 03-0066a. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele 12463 Chairman Winton: PZ.11's an additional companion. Anyone from the public like to speak on PZ.11 ? Anyone from the public on PZ.11 ? If not, we'll close the public hearing. Need a motion. Commissioner Regalado: Mr. Chairman, I move, on second reading, PZ.11, an ordinance. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. PZ.12 03-0066a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF ORDINANCE 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 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3680 NORTHWEST 2ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 FOR AN EFFECTIVE DATE. 03-0066a-Backupl .pdf 03-0066a-Backup2.pdf 03-0066a-Legislation.pdf 03-0066a-Exhibit.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3680 NW 2 Terrace APPLICANT(S): Enterprise Investments, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: See companion File ID 03-0066. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 7-1. PURPOSE: This will allow a unified commercial development site. NOTES: File ID 03-0067 was changed to File ID 03-0066a for Second Reading. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele 12464 Chairman Winton: PZ.12, final item in this same group. Anyone from the public like to speak on PZ.12? If not, we'll close the public hearing. Need a motion. Chairman Regalado: I move PZ.12, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. Unidentified Speaker: Thank you. City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 PZ.13 03-0242 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, SECTION 946 ENTITLED "PUBLIC STORAGE FACILITIES" TO MODIFY PROVISIONS IN ORDER TO ADD DISTANCE LIMITATIONS FOR SUCH FACILITIES WHEN LOCATED WITHIN C-1 OR MORE LIBERAL ZONING DISTRICTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0242-Backup.pdf 03-0242-Legislation.pdf 03-0242-Memo-Corrected Scriveners Error.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission of the reconsideration on October 22, 2003 by a vote of 6-0. PURPOSE: This will amend the text of Zoning Ordinance No. 11000, as amended, and add distance limitations between Public Storage Facilities in the C-1 Restricted Commercial or more liberal zoning districts. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele 12465 Chairman Winton: PZ.13. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -- Commissioner Gonzalez: I move PZ.13. Chairman Winton: Public -- we have a public hearing on PZ.13, second reading. Anyone from the public like to speak on PZ.13? If not, we'll close the public hearing. Second reading. We have a motion. Need a second. Commissioner Regalado: I move PZ.13. Chairman Winton: We already have a motion. You need to second. Commissioner Regalado, second. Commissioner Regalado: Second. City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Yeah. We have a motion and a second. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. PZ.14 03-0243 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 62-156(b) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING "RELIGIOUS INSTITUTIONS" AS A CLASS OF ENTITIES FOR WHICH FEES FOR ZONING CHANGES OR VARIANCES SHALL BE CAPPED; FURTHER, CLARIFYING THE DEPARTMENT WHICH IS TO MAKE SUCH DECISIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0243-Backup.pdf 03-0243-Legislation.pdf REQUEST: To Amend Chapter 62 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will add "Religious Institutions" as a class of entities for which fees for zoning changes or variances shall be capped. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele 12466 Chairman Winton: PZ.14, second reading. Anyone from the public like to speak on PZ.14? If not, we'll close the public hearing. Second reading. Commissioner Gonzalez: Move PZ.14. Chairman Winton: Got a motion. Commissioner Regalado: Second. Chairman Winton: Second. Discussion. Read the ordinance, please. City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 3/0. PZ.15 03-0193 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19, 22 AND 25, IN ORDER TO ADD, DELETE AND CLARIFY LANGUAGE PERTAINING TO SPECIAL PERMITS, USES AND CHARACTERISTICS OF USE AND CRITERIA FOR REVIEW OF ZONING APPLICATIONS, DEFINITIONS AND USE LIMITATIONS, AND TO MODIFY OTHER LANGUAGE THROUGHOUT THE ZONING ORDINANCE FOR CONSISTENCY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0193-Backup.pdf 03-0193-Legislation 1.pdf 03-0193-Legislation2.pdf 03-0193-Legislation3.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 1, 2003 by a vote of 7-0. PURPOSE: This will clarify language pertaining to special permits, uses and characteristics of use and criteria for review of zoning applications, definitions and use limitations, and to modify other language throughout the zoning ordinance for consistency. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12467 Chairman Winton: PZ.15, second reading. Public hearing. Anyone from the public like to speak on PZ.15? PZ.15. Commissioner Gonzalez: Move PZ.15. City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Close the public hearing. Got a motion and need a second. Commissioner Regalado: Second. Chairman Winton: Second. Discussion. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. PZ.16 03-0245 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 10, ENTITLED " SIGN REGULATIONS," TO MODIFY AND CLARIFY PROVISIONS RELATED TO SIGNAGE REQUIREMENTS AND LIMITATIONS, TO ADD JUMBO-TRON SIGNS CONDITIONALLY, TO ADD NEW RESTRICTIONS, AND TO MODIFY PROVISIONS RELATED TO AWNING SIGNS; FURTHER AMENDING ARTICLE 25 ENTITLED "DEFINITIONS," TO ADD NEW DEFINITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0245 SR Fact Sheet.PDF 03-0245 Analysis.PDF 03-0245 PAB Reso.pdf 03-0245 SR Legislation.PDF 03-0245 FR Fact Sheet.pdf 03-0245 FR Legislation DRAFT.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission with a condition* on October 22, 2003 by a vote of 6-0. *See supporting documentation. PURPOSE: This will modify and clarify provisions related to signage requirements and limitations, to add jumbo-tron signs conditionally, to add new restrictions, and to modify provisions related to awning signs. CONTINUED Item PZ.16 was CONTINUED to the Commission Meeting currently scheduled for January 22, 2004. City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Mr. City Attorney, are you ready for your other item? Alejandro Vilarello (City Attorney): If we could do that at the end of the PZ (Planning & Zoning ) agenda, I would appreciate it. Chairman Winton: That's fine with me. OK. Mr. Vilarello: Thank you. Joe Arriola (City Manager): Commissioner, you know, we have two items that we promised a time certain, the 4 o'clock that we could have County folks here for -- Chairman Winton: Are they here? Mr. Arriola: They're not here, yet. We promised them 4 o'clock time certain. Chairman Winton: OK Well, we're going to go to P&Z, and -- because we can get some of that done. Mr. Arriola: So, I just want to -- Commissioner Sanchez: I have to leave at 4 o'clock, and I will be back by 5. Chairman Winton: OK, fine. All right. Planning and Zoning agenda. PZ.1. Priscilla A. Thompson (City Clerk): Chairman, Chairman. Commissioner Gonzalez: So, we're done with the agenda? Chairman Winton: Well, for now. We've got -- yes, ma'am. Ms. Thompson: You need to swear in. Chairman Winton: Oh, yeah. Madam Clerk, would you -- OK. Go ahead. Would you -- Madam Clerk, just swear in the -- Ms. Thompson: IfI can have your attention, please. If anyone is in the audience and you plan on testifying on any P&Z items, I need you to please stand so that I can swear you in. You need to stand and raise your right hand. At this point, the City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Chairman Winton: OK We're going to go -- Commissioner Sanchez has to leave at four, so we're going to go to his -- he's got two items, PZ.7and PZ.8. Alicia Cuervo Schreiber (Chief Of Neighborhood Services): Mr. Chairman, PZ. 16 is being continued. Chairman Winton: OK PZ. 16 continued. Joel Maxwell (Deputy City Attorney): To? Lourdes Slazyk (Assistant Director, Planning & Zoning): January 22nd. City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Ms. Cuervo Schreiber: I believe it's January -- Mr. Maxwell: To the P&Z meeting ofJanuary -- Ms. Slazyk: January 22nd. Ms. Cuervo Schreiber: And PZ.22 has been withdrawn. Chairman Winton: PZ which? Ms. Cuervo Schreiber: 22 has been withdrawn. Chairman Winton: PZ.22. Oh, good. Commissioner Sanchez: These are second readings. Chairman Winton: Yes. PZ.17 03-0244 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING NEW ARTICLE 10 (X) ENTITLED "FEC CORRIDOR IMPROVEMENT TRUST FUND," ADDING AN INTENT STATEMENT, PROVIDING FOR ADMINISTRATION AND REGULATIONS, AND PROVIDING A FEE SCHEDULE FOR TRUST FUND PAYMENTS FROM "FLOOR AREA RATIO (FAR) BONUS FEES"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0244-Backup.pdf 03-0244 MODIFIED Legislation.PDF 03-0244-Exhibit.pdf 03-0244-DRAFTLeg islation. pdf REQUEST: To Amend Chapter 62 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will create a new Article 10 (X) entitled, "FEC Corridor Improvement Trust Fund". Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 12468 Chairman Winton: PZ.16 has been continued. PZ.17. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.17 -- Chairman Winton: Second reading. Ms. Slazyk: Right. Second reading. We made the changes requested by the Commission at first reading. We've included a map in your packages of the FEC (Florida East Coast) Corridor Study Area, and we recommend approval. Chairman Winton: PZ.17 is a public hearing. Anyone from the public like to speak on PZ.17? If not, we'll close the public hearing. Need a motion on second reading. Vice Chairman Teele: So move. Commissioner Gonzalez: So move. Chairman Winton: Second. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. PZ.18 03-0296 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 627 ENTITLED SD-27 FEC CORRIDOR OVERLAY DISTRICT, TO ADD A NEW SUB -DISTRICT 627.2 ENTITLED BUENA VISTA YARD WEST, ADDING AN INTENT STATEMENT, CREATING SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES AND ADDING DESIGN GUIDELINES. 03-0296 SR Fact Sheet.PDF 03-0296 PAB Reso.PDF 03-0296 SR Legislation.PDF 03-0296 Exhibit A FINAL.pdf 03-0296 Exhibit B FINAL.pdf 03-0296 FR Fact Sheet.pdf 03-0296 FR Legislation.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 5, 2003 by a vote of 9-0. See companion File ID 03-0296a. PURPOSE: This will add a new sub -district 627.2 entitled Buena Vista Yard West to the western half of the FEC Buena Vista Yard, add an intent statement, create special district requirements and limitations on uses, and add design guidelines. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Teele and Winton Absent: 2 - Commissioner Gonzalez and Sanchez Chairman Winton: PZ.18, first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. PZ.18 and 19 are companion items. This is the SD-27.2 Buena Vista Yard West Special District. This is primarily the commercial component of the Buena Vista redevelopment and the regional activity center designation that you recently adopted. What PZ.18 does is it enacts the 27.2 special district. Like 27.1, it includes all of the design criteria, which is in your package. It's got all the limits on the FAR (Floor Area Ratio), the open space requirements, setbacks, et cetera. We've been working very hard with the developers and their team, and Bernard Zyscovich's office, who developed the plan to come up with these regulations. The transparency issue was a big issue. Very happy to say that we're up to the percentage that we wanted for Miami Avenue. Chairman Winton: Great. Ms. Slazyk: And we recommend approval. Chairman Winton: Good. OK. PZ.18's a public hearing. Anyone from the public like to speak on PZ.18? If not, we'll close the public hearing. Need a motion. Commissioner Regalado: Move it. Chairman Winton: Need a second, Commissioner Teele. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 3/0. PZ.19 03-0296a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 NO. 21 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE ZONING CLASSIFICATION FOR THE FEC BUENA VISTA YARD FROM I INDUSTRIAL AND C-2 GENERAL COMMERCIAL TO SD-27.2 BUENA VISTA YARD WEST; SAID PROPERTY MORE PARTICULARLY KNOWN AS A PORTION OF LAND CONSISTING OF APPROXIMATELY 30.57 ACRES IN AREA. 03-0296a SR Fact Sheet.PDF 03-0296a Analysis.PDF 03-0296a Zoning Map.PDF 03-0295 & 03-0295a Aerial Map.pdf 03-0296a PAB Reso.PDF 03-0296a SR Legislation.PDF 03-0296a Exhibit A.PDF 03-0296a FR Fact Sheet.pdf 03-0296a FR Legislation.pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial and C-2 General Commercial to SD-27.2 Buena Vista Yard West to Change the Zoning Atlas LOCATION: A Portion of Land Consisting of Approximately 30.57 Acres in Area APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 5, 2003 by a vote of 9-0. See companion File ID 03-0296. PURPOSE: This will change the zoning classification for the western half of the FEC Buena Vista Yard from I Industrial and C-2 General Commercial to SD-27.2 Buena Vista Yard West. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Teele and Winton Absent: 2 - Commissioner Gonzalez and Sanchez Chairman Winton: PZ.19's the companion to 18. It's a public hearing. Anyone from the public like to speak on PZ.19? If not, we'll close the public hearing. Need a motion, please. Commissioner Regalado: Motion to approve first reading PZ.19. Chairman Winton: And second, Commissioner Teele? Vice Chairman Teele: Yes. City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Discussion. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 3/0. Chairman Winton: Thank you. PZ.20 03-0070 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 940 SOUTHWEST 29 COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL." 03-0070 SR Fact Sheet.PDF 03-0070 Analysis.PDF 03-0070 Land Use Map.PDF 03-0070 & 03-0071 Aerial Map.pdf 03-0070 PAB Reso.PDF 03-0070 Application & Supp Docs.PDF 03-0070 SR Legislation.PDF 03-0070 FR Fact Sheet.pdf 03-0070 FR Legislation.pdf 03-0070 - Submission.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Medium Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 940 SW 29 Court APPLICANT(S): Miami -Dade County Housing Agency APPLICANT(S) AGENT: Rene Rodriguez, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2003 by a vote of 7-0. ZONING BOARD: See companion File ID 03-0071. PURPOSE: This will allow a unified commercial development site. City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Sanchez Noes: 2 - Commissioner Teele and Winton Direction to the City Manager: by Vice Chairman Teele to provide information, when this item comes back for second reading, on the potential impact of proposed additional HUD housing on City services . Chairman Winton: Now, I have in here the next item is PZ.20. This is that County item on housing. Lourdes Slazyk (Assistant Director, Planning & Zoning): Correct. The Commission had continued that -- Chairman Winton: All right. Ms. Slazyk: -- in order to get some additional information. Vicky Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo, for the record -- Chairman Winton: Hey, would you have Maria make sure she brings the packet out here? Ms. Garcia -Toledo: -- with offices at Wacovia Center. Chairman Winton: OK, you're on. Ms. Garcia -Toledo: I think, Lourdes, you want -- Chairman Winton: Lourdes. Mr. Gustafson: -- to introduce the item? Ms. Slazyk: It was continued, but for the record, PZ.20 and 21 is a land use and zoning change for the property at 940 Southwest 29th Court, from duplex residential to medium density multifamily residential. The zoning change would be going from R-2 to R-3. The Planning and Zoning Department recommended approval. The Planning Advisory Board also recommended approval. And on the companion zoning change, the Zoning Board had recommended approval. Chairman Winton: OK. Yes. Ms. Garcia -Toledo: Good afternoon. We are here today on the land use and zoning change. This is the site at 940 Southwest 29th Court, which is familiar to all of you as Smather Towers Senior Center. And this was part of the City ofMiami Housing Authority, and as such, the determination to build Smather Towers took place. The two acres to the west were left open at that time and under a different zoning category ofR-2. We're bringing this application at this time in order to bring the zoning and land use on the open space consistent with the existing designation and zoning category of the Smather Towers site. The -- at the last meeting where you continued this matter, one of the things that the Commission asked was that we meet with the neighbors. We have done that. We've met with the neighbors. We've explained to them the process that what is before you tonight is strictly the land use and zoning application, that the future development of the site, as it's being planned now, will require a special exception, at which time plans for a building will have to be developed, and we will have to come before the Zoning Board and this Commission to present the special exception. During our meeting with the neighbors, we shared with them our work in progress for that building. They were kind City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 enough to give us their input as to where they wanted the building located, where they wanted the parking, how much spacing, the fact that they want a wall -- that they want that CBS wall to be approximately eight feet height, and we have agreed with them to incorporate that into our plan and to continue to work with them between now and then for any other items that they may want to suggest. That is basically our presentation. If you have any questions, we'd like to answer. Chairman Winton: PZ.20 is a public hearing. Anyone from the public would like to speak on PZ .20, please come forward, and I need your name and address on the record, and there's a limit of two minutes per person. Eugene Haynes: Eugene Haynes, 2991 Southwest 12th Street. More than 30 years ago, the honorable members of this Commission met to rezone part of that land for this -- we call it the old folks' home. They left the zoning of those approximately two acres in the back R-2 for -- as a buffer strip, and also as a park. They had a shuffleboard court put in there. They have walkways, and I used to see a lot of the old folks walking around back there. In the last four or five years, I haven't seen anybody. In fact, I haven't seen anybody in the old folks' home, hardly. I wonder what the occupancy rate is of the old folks' home now, and, also, this thing has been presented over the last six months in a very -- a variety of ways. First, it was going to be an assisted living facility, and we're really concerned about that. Whether the elderly people stay there, or whether it's going to be an assisted living facility, and that's -- I'm opposed to it. I hope they leave it a park and a green space. It's the last green space in the neighborhood. Chairman Winton: Thank you. Next, and anyone else who wants to testify, please come up and stand -- let's form a line, or maybe you -- Carlos Garcia: My name is Carlos Garcia. I reside at 2963 Southwest 11 th Street. My property's right adjacent from the property line where they're frying to zone this in R-3. The reason I oppose to this because, logically, if they rezone this to R-3, there's going to be a building coming up, and there's going to be parking spaces, and there's going to be more commotion and more people living behind my house, and I sleep right next to that place right there, and it's quiet enough as it is. I wouldn't really like -- I mean I have nothing against the elderly or anybody, but I think the City ofMiami has a lot more spaces to build on than right behind my house, and obviously, if you built a building, you're going to have parking spaces, and there's going to be automobiles coming in and out of there, right next to my room where I sleep. I was strongly opposed to this matter here. Thank you. Chairman Winton: Anyone else from the public like to speak on PZ.20? Anyone else? If not, we'll close the public hearing. Ms. Garcia -Toledo: May I rebut very quickly, please? Chairman Winton: Yes. Ms. Garcia -Toledo: I would like to address the issue of the park. It is not a park. It is private property. That private property the City itself researched, because this allegation was made previously. It was determined by your own city that there was no park dedication, that this is private property. The current Smather Towers site is at full occupancy. The future building will be subject of the special exception, and at that time, we'll be able to explain to you the uses for that building. That would be the appropriate forum. Most of the seniors do not drive, and in fact, most of the parking at the site is empty throughout the day. Having parking near these houses as a buffer will not be a major concern. I should let you know that I am here today with a group from Smathers Housing Senior Center, who would like to address the Commission. I would also put -- like to put in the record that there is a housing list in Dade County with 64,000 names on a waiting list. City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: Yes, ma'am. Carmen Aguila (as translated by Ondina Suarez, official interpreter): Good afternoon. My name is Carmen Aguila. I live at 2970 Southwest Apartment 303, and that's Miami. The building's called Smather. We have there two buildings. One is 2970 and the other one is 935. We have in there our dining room. At the 935, there's a lot of elderly living there alone. They have no one. They need a lot of help from everyone else, and in the space that we have there, for example, if they build a park, those elderly that are there are going to die a lot sooner, because then they would have no peace of mind or any help at all. While if they build what they are thinking of doing, which is an asylum of some type, they'll have help and doctors, more protection and securities, and a lot more piece of mind for them. They eat at our dining room because they do live there and they have a lot of need because they are by themselves. I ask in my name -- I'm a little bit stronger -- that you have compassion towards them, that they are really alone and they're not going to be harming any neighbors. That's all I have to say. Good afternoon. Excuse me. These other people on my left also live in the building there and they are -- they're in agreement with what I say and they won't let me lie. Good afternoon. Chairman Winton: Thank you. OK. Anyone else from the public? We'll re -close the public hearing. And you made your comments or did you -- Ms. Garcia -Toledo: Yes. I just wanted to add one more short thing that the funding that we have received for this particular program is from USHUD (United States Department of Housing and Urban Development), and we've competed with other cities in the United States, and if we cannot move forward with this project, we will lose those funds and they will go out of state. Chairman Winton: Well, yes, but I'm going to have some comments. Commissioner Regalado: OK. You want me to make comments now? I'd like just, Mr. Chairman, to make some comments. First of all, I -- I have here a letter from several presidents of HUD buildings, and residents and associations; of course, the Smathers; also, Robert King High, (UNINTELLIGIBLE) Martine Fine, Joe Moreri, Claude Pepper, Little Havana. These are HUD buildings in the City ofMiami. I have learned of the plans through the residents of Smathers Plaza, and I think that it's the best that could happen to the area, regardless of the concerns, because some of the concerns that the residents around the building have expressed may be applied to commercial condominiums and all of that, but this building is going to take care of many residents within the public housing buildings that, unfortunately, they cannot live alone anymore and need special care, and these people are here, as the other -- the people from Claude Pepper in Northwest 7th Avenue, Martine Fine, Robert King High, because they really believe that someday they may want to go there, because they cannot protect themselves and live themselves. There is a huge area there. I visit the Smathers Plaza at least twice a month, and parking is not a problem. Many residents do not have a car, so parking is always sort of empty. There is this large space next to it that I think should be used. Now, the problem for the neighborhood is Code Enforcement. There are roosters, and there are chickens, and the trash on 29th Avenue is horrible. There is no Code Enforcement, at all, in that area. I don't know if there is another area, but Code Enforcement in that area is a myth. The trucks from Home Depot park in front of the neighborhood and nobody does anything. A truck unloading materials, construction materials at 4 a.m. in the morning does more damage to a neighborhood than a quiet building of people that are just waiting to die peacefully, so, you know, I know that area. I know the area because I live in -- my father and my mother live one block from there for many years, until they died. I've been living 10 blocks from there for 29 years, in the same house, and I know really well the area. It's filthy. It's no Code Enforcement. Nobody does anything with the frucks and the unloading and loading of the frucks, and Home Depot park in residential streets. Nobody care. Nobody in the City care, so, you know, I am totally in favor, and I ask my colleagues -- I understand the issues that Johnny, and Angel, and Art, and even Joe City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 have with other HUD buildings. In fact, I am the person that sit here that criticized more HUD buildings, because I do it every Monday. Every Monday I have a half an hour show where residents of Claude Pepper, Martin Fine, (UNINTELLIGIBLE), and even the one here in 33rd and US-1, where crime is rampant, by the way, go to my program and really frash the HUD office, but let's don't penalize the people that are waiting, and just approve this. That's all. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes. I'm not going to support this application because it's the -- and it isn't that I'm opposed to the application. It isn't that I'm opposed -- and I understand the need for this housing, but I'm opposed to it because it's the only lever that have over HUD, and have given you all some information relative to Wynwood, and in Wynwood, there's 90 HUD units, just in Wynwood. Half of them are vacant, boarded up, and are havens for drug dealing, and prostitution and criminal activity, and in Wynwood, we have done extensive Code Enforcement and really hit hard private landowners who weren't maintaining their properties, and we've really cleaned Wynwood up dramatically. Who's left? Government. Principal government, Miami -Dade County HUD. I had them out there. I've had the media out there. I even have a schedule from Miami -Dade County Housing Authority, a schedule outlining the time frames in which they would have all of these units repaired and occupied. There's a waiting list. We know there's a waiting list. They've got these units already built, but they won't even rehab them, so you've got 45 units that are still vacant in that neighborhood and abandoned, and their schedule says they're going to have them completed between May of 2002 -- Commissioner Regalado: There are 14,000 vacant apartments in the HUD system now. Chairman Winton: Right. Vice Chairman Teele: How many? Commissioner Regalado: 14,000. Vice Chairman Teele: No. Commissioner Regalado: Yes. Chairman Winton: Well, 45 of them are in Wynwood alone in my district, and my point here is that I'm not going to support any application for building anything new, because it's the only leverage I have to try to get them to pay attention to the stuff that they've already built and can't maintain, and can't get people into, so that's my whole point. It doesn't have anything to do with that particular site. It has to do with HUD's inability to maintain existing properties that they already have and get them fixed, so that's the reason I'm not going to support this application. Vice Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: When this first came to -- for discussion at the Commission I asked for a deferral of the item and it was exactly because I had -- and I still have, as a matter of fact, the same problems that Commissioner Winton is expressing. I have probably over 200 units, maybe more, 200 units in Allapattah that nothing is happening with them. After that, the director, Rene Rodriguez, called me and we had a meeting, and he made me aware of some problems that they have that they're getting pulled because of these units because some unrelated issues to building, and he promised me that they were going to start as soon as they were clear in court, which they expected to be by the end of this year, by January of next year or February of next year, they were going to start rehabbing these units and making sure that these units be occupied. Chairman Winton: By the way, I got the same promise two years ago. City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Gonzalez: Well, I just got this promise four months ago. As a matter of fact, we discussed a couple of projects that are exactly near -- two new projects that are going to, you know, these people are going to invest close to a hundred million dollars ($100, 000, 000) on two new projects, and next to them, you have two buildings that are a disaster, you know, boarded up and being occupied for -- to consume drugs and all of that, so, you know, I feel that I have to give them a second chance, and I'm going to approve this today, but, you know, I'm saying it here now, the promises are not completed, eventually, this is going to come back for the second round, and you know, and then we're going to be at the same position again. Vice Chairman Teele: Commissioner Sanchez, did you -- All right. Is there a motion? Chairman Winton: I think Commissioner Regalado -- Commissioner Regalado: I move to approve PZ.20 on first reading, to amend Ordinance Number 10544 from duplex residential to medium density multifamily residential. Commissioner Gonzalez: I'll second it, and I'm sure that Rene Rodriguez, Director of USHUD, is looking at this hearing, and he has some people here from his office. I suggest that the director meet with my colleague, Commissioner Johnny Winton, and you know -- Chairman Winton: No. I don't need a meeting. Commissioner Gonzalez: -- and tell him -- Chairman Winton: I need actions. Commissioner Gonzalez: -- you know, what's going on. I mean, you know -- Chairman Winton: I've had meetings. Joel Maxwell (Deputy City Attorney): Excuse me. Commissioner Gonzalez: Tell him when we're going to start having some action. Mr. Maxwell: Just could I make a suggestion, Commissioner, that you wait before any discussion about meetings or anything, until this item -- first of all, you vote on this item, up or down, however you vote -- Commissioner Gonzalez: OK I just -- Mr. Maxwell: -- and then have it clear that the discussions you're talking about are not related to the item before you, but housing and HUD in general. Commissioner Gonzalez: House -- I'm talking about housing in general. Mr. Maxwell: Yes, sir. Commissioner Gonzalez: Projects that have been abandoned in the entire City ofMiami. Mr. Maxwell: I think it would be good if you keep these separate. Commissioner Gonzalez: Yeah. I second the motion. Vice Chairman Teele: We ready for a roll call? City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Maxwell: I need to read the title, sir. Vice Chairman Teele: Go ahead. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Teele: Before we call the roll -- I haven't said anything. I just want to say one thing. Counsel, have you read the interlocal agreement between the City and the County regarding public housing? Ms. Garcia -Toledo: Not in any detail, sir. Vice Chairman Teele: The payment in lieu of taxes? Ms. Garcia -Toledo: No, not in detail. Vice Chairman Teele: If this passes and comes up for second reading, I'm going to want to understand what the additional impact on City services will be, based upon more and more people, because while Commissioner Winton has a perspective and we all have a perspective, the perspective that want to bring to the table is that the City and the County have had an interlocal agreement for some time. If any of these fine citizens get sick, they call the emergency. They don't call County. They call City, 911, and that's their right, and we want them to continue to do that, but the more housing we add in, the more cost to City, and the County is not living up to its payment in lieu of taxes agreement. It is continuing to burden the City with more and more social services, for which there is no money coming back. I mean, you know, and we had this longstanding discussion when we did the fire fee, where we quantified exactly how much money - - it cost the City more than we receive, and Mr. Attorney, I would like to make sure that that's made a part of the record, the impact of the HUD housing, as it relates to the fire fee study that was done, and that's just one example, so I'm not going to be voting for it. I think it's going to pass. I hope it passes in a way, butt really do think that we've got to know what we're doing before we keep adding more and more burden on the City. At some point, the County has just got to -- the City and the County have got to sit down and negotiate a global agreement so that we can get out of this morass that we're in, so that's why I'm voting "no, " and that's what I'm going to be looking for if this passes on second reading. Ms. Garcia -Toledo: Commissioner Teele, I certainly will bring your message to the client, and I will make sure that we have that information available for you in second reading. Vice Chairman Teele: I think the issue is going to be well above his pay grade, and it's probably going to be somewhere up there between the Manager and the Attorney -- the County Attorney and -- Ms. Garcia -Toledo: Maybe we can get Mr. Johnson here again. Vice Chairman Teele: Yeah (INAUDIBLE). I really do think it's a real issue. Ms. Garcia -Toledo: It is. Vice Chairman Teele: The more -- and what I'm just frying to say to my colleagues, the more we do, the more cost we put -- and you know who has to pay for it? The other citizens of the City of Miami, so further discussion. If not, call the roll. A roll call was taken, the result of which is stated above. City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 3/2. Ms. Garcia -Toledo: Thank you. Chairman Winton: And I'm going to add some more to that. They do have to -- You know, you were talking about money that you're going to -- federal money you're going to lose. I can guarantee you, you guys need to start writing a check and sending it back, because you're going to have to come back here to get the building itself approved, as you said -- Ms. Garcia -Toledo: Absolutely. We -- Chairman Winton: -- and I'm going to -- You know, I've been very nice. I will work hard on these guys next time to say "no," if we don't get those housing units in Wynwood fixed, and I wouldn't bet that would lose the next time. Ms. Garcia -Toledo: Commissioner, (INAUDIBLE) -- Commissioner Regalado: I have a question here. Wait. I have a question here. Ms. Garcia -Toledo: -- and also -- Commissioner Regalado: I've seen these pictures in Wynwood. Are these part of the same contract that has Claude Pepper Apartments stalled -- Ms. Garcia -Toledo: No. Commissioner Regalado: -- or can you guys -- Because I know that in Claude Pepper you are in court because the contractor didn't comply. Ms. Garcia -Toledo: What I'd like -- Commissioner Regalado: But this one -- Ms. Garcia -Toledo: What I'd like to do for the second reading is bring you a printout of everything that is part of this program, and what are programs that are funded by other groups, not the same groups, and bring you information, also, on the residents of the site -- Commissioner Regalado: No, no, no. Ms. Garcia -Toledo: -- which are -- Commissioner Regalado: I'm not saying that, at all. He says about Wynwood. I'm asking if the problem that you all have with Claude Pepper is related to the Wynwood problem. Ms. Garcia -Toledo: No. Commissioner Regalado: It's not? Ms. Garcia -Toledo: It's not. Commissioner Regalado: So, fix it. William Calderin: May I? Vice Chairman Teele: Yeah, please. Your name and address. City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Mr. Calderin: William Calderin, Miami -Dade Housing Agency, 1401 -- Vice Chairman Teele: What was your name, again, sir? Mr. Calderin: William Calderin. I knew you when you were -- Vice Chairman Teele: Yeah. Mr. Calderin: -- a County Commission, District 3. Vice Chairman Teele: Don't hold it against me. Mr. Calderin: Let me -- no, I won't. Let me tell you something. I've been through three housing agency directors, and I'm aware, Commissioner Teele, of what you're saying. The City ofMiami, as you know, and the towers, the main towers, Robert King High and (UNINTELLIGIBLE), traditionally is one of the places where the -- there's the most usage of the fire rescue, so I know that what you're saying is the truth from firsthand because they use it a lot, more than anybody else, but at the assisted living facilities, what I've been doing in the last five years, I'm at ( UNINTELLIGIBLE) 1401 -- I'm sorry, at 1150 Northwest 11 th Street, right off Overtown, right in the historic district. What happens there is that when people have Medicare and Medicaid and they're in the system where the state uses something called OSS, Optional State Supplement, a lot of the times they uses STS, or the private ambulances that you all have seen. When the private ambulances come to assisted living facility, the City does not pay for it. I want that to be clear, because I don't want to make excuses for the rest of HUD, because then I wouldn't be able to walk out of here, but can talk to you about our specific program. Vice Chairman Teele: And I appreciate the clarification, but this is the real issue: Back in '50s or '60s, the City and the County entered into an interlocal agreement, a payment in lieu of taxes. The County has not lived up to that agreement. They don't remit the amount, and that amount now is about one-fourth or one fifth of what the cost of the services are, and see, it was my understanding, from being in the County, that you all get reimbursed that on a block grant basis from federal HUD. You all make a whole submission of the utility costs and all of these fees and costs, and then the federal government cuts you a check for 40 million, 60 million, so it doesn't cost you anything to pay our fire fee, or to pay for the fees that are there, because you're going to pass it back to the federal government under the block grant. That's what I've never been able to understand, so it's an issue for you all to think about and, you know, it's neither here nor there now. Commissioner Regalado: But let me say -- And besides that, there is a more pressing problem, which is HUD canceled the funding for them to pay the City ofMiami police officer to patrol the HUD building. And remember that we used to have City ofMiami police officers in Claude Pepper, King High, and all the HUD buildings. Now we don't have it. Now the City ofMiami Police -- there have been many problems -- Joe Sanchez know this -- in King High. And there -- like every day, the police is there, but they are on a 911 -- Vice Chairman Teele: Are they City police or County police? Commissioner Regalado: City police, that's what I'm telling you. Vice Chairman Teele: That's my point. Chairman Winton: That's his point. Commissioner Regalado: But -- City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: So why are we going to bring more? Commissioner Regalado: Art -- but, Art, in the past, HUD paid the Miami Police Department for off -duty police officers to be there. That's what I'm saying. Chairman Winton: Now, they don't do that. Commissioner Regalado: They don't do that. Chairman Winton: Which is his point 100 percent. Why are we going to add more when, for a whole lot of reasons, we end up -- Commissioner Regalado: But this is -- Chairman Winton: -- bearing the burden? Commissioner Regalado: But this is an assisted living facility. This is totally different. This is self-contained. It's like the one in (UNINTELLIGIBLE). It's Helen Sawyer. Like it's -- they have medical, you know -- Vice Chairman Teele: Let's move on. Thank you. Merry Christmas to you. Ms. Garcia -Toledo: Thank you. PZ.21 03-0071 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40 OF THE ZONING ATLAS OF ORDINANCE 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 TWO-FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 940 SOUTHWEST 29 COURT. 03-0071 SR Fact Sheet.PDF 03-0071 Analysis.PDF 03-0071 Zoning Map.PDF 03-0070 & 03-0071 Aerial Map.pdf 03-0071 ZB Reso.PDF 03-0071 Application & Supp Docs.PDF 03-0071 SR Legislation.PDF 03-0071 Exhibit A.PDF 03-0071 FR Fact Sheet.pdf 03-0071 FR Legislation.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-3 Multifamily Medium Density Residential to Change the Zoning Atlas City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 LOCATION: Approximately 940 SW 29 Court APPLICANT(S): Miami -Dade Housing Agency APPLICANT(S) AGENT: Rene Rodriguez, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0070. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 6-2. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Sanchez Noes: 2 - Commissioner Teele and Winton Chairman Winton: PZ.21 is a companion to 20. Anyone from the public like to speak on PZ.21? Anyone from the public on PZ.21? If not, we'll close the public hearing. Need a motion on 21. Commissioner Regalado: I move PZ.21. Chairman Winton: Motion, second. Discussion. The discussion is the same. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 3/2. PZ.22 03-0073 ORDINANCE First Reading AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA AMENDING ARTICLE 9, ORDINANCE NO. 11000, AS AMENDED (ZONING ORDINANCE) ENTITLED "GENERAL AND SUPPLEMENTAL REGULATIONS," IN PARTICULAR BY ADDING A NEW SECTION 951 ENTITLED "CERTIFICATE OF RE -OCCUPANCY" TO DECLARE UNLAWFUL ANY SALE, TRANSFER OF TITLE OR CONVEYANCE OF: A DWELLING, ONE -FAMILY OR SINGLE-FAMILY; DWELLING TWO-FAMILY; OR DWELLING MULTIFAMILY ON PROPERTIES ZONED R-1, R-2, R-3 AND R-4 WITHOUT FIRST OBTAINING A RE -OCCUPANCY CERTIFICATE ISSUED BY THE CODE COMPLIANCE DIRECTOR OR DESIGNEE; TO PROVIDE PROCEDURES FOR APPLICATION AND ISSUANCE OF THE CERTIFICATE OF RE - OCCUPANCY TO CONFIRM COMPLIANCE WITH THE RESIDENTIAL OCCUPANCY REGULATIONS OF THE APPLICABLE ZONING DISTRICT, ESTABLISH FEES FOR INSPECTIONS AND RE -INSPECTIONS, City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 PROVIDE FOR DISCLAIMER AND A CONDITIONAL CERTIFICATE OF RE -OCCUPANCY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0073-Backup.pdf 03-0073-Legislation.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 17, 2003 by a vote of 7-1. PURPOSE: This will implement the certificate of re -occupancy for sales of single, two-family and multifamily residential units in residential zoning districts. WITHDRAWN Item PZ.22 was WITHDRAWN per request of the Administration. PZ.23 03-0297 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4 AND 9, IN ORDER TO MODIFY PROVISIONS RELATED TO PARKING REGULATIONS, AND MORE SPECIFICALLY TO INTRODUCE A NEW SUBSECTION 917.10 TO ALLOW FOR EXEMPTIONS FOR PROVISION OF PARKING FOR ADAPTIVE RE -USE OF EXISTING STRUCTURES WITH PARKING DEFICIENCIES LOCATED WITHIN THE FIRE STATION NO. 2 MOTION PICTURE AND MEDIA DISTRICT. 03-0297 SR Fact Sheet.PDF 03-0297 PAB Reso.PDF 03-0297 SR Legislation.PDF 03-0297 FR Fact Sheet.pdf 03-0297 FR Legislation.pdf 03-0297-Memo-Corrected Scriveners Error.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 5, 2003 by a vote of 9-0. PURPOSE: This will allow for adaptive re -use of existing structures without having to provide additional parking. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ.22 is withdrawn. PZ.23. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.23 is an amendment to the zoning ordinance in order to allow for adaptive reuse of existing structures within the Fire Station Number 2 Motion Picture and Media District to not have to provide any additional parking. This is something we're doing for a period of about two years, in order to promote some revitalization and some catalytic projects to occur in the area. What happens here is these are old warehouses or old buildings that were built with no parking, and in order for somebody to come in and convert them to something else, it becomes even more difficult when they have to come get variances for parking. There is currently, you know, sufficient street parking and other parking to serve some of these things, and what we're hoping is, within the next two years, with the CRA (Community Redevelopment Agency) and DOSP (Department of Off -Street Parking), we'll be able to come up with some other parking solutions for the area, but this would allow some pretty major revitalization in the area in the meantime. Chairman Winton: PZ.23 is a public hearing. Anyone from the public like to speak on PZ.23? If not, we'll close the public hearing. Vice Chairman Teele: So move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. PZ.24 03-0298 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 6 AND 9, IN ORDER TO ADJUST THE PAYMENT AMOUNT FOR CONTRIBUTIONS INTO THE CITY OF MIAMI'S AFFORDABLE HOUSING TRUST FUND. City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 03-0298 SR Fact Sheet.PDF 03-0298 PAB Reso.PDF 03-0298 SR Legislation.PDF 03-0298 FR Fact Sheet.pdf 03-0298 FR Legislation.pdf 03-0298-Memo-Corrected Scriveners Error.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 5, 2003 by a vote of 9-0. PURPOSE: This will adjust the payment amount for contributions into the City of Miami's Affordable Housing Trust Fund. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ.24. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 24 is an amendment in order to increase the Affordable Housing Trust Fund contribution for a development that wishes to use this in order to obtain additional FAR (Floor Area Ratio). Since at least 1983, this has been a six dollar and sixty-seven cents ($6.67) a square foot fee. Chairman Winton: Six what? Ms. Slazyk: Six dollars and sixty-seven cents ($6.67). Chairman Winton: OK. Ms. Slazyk: What this ordinance does is a apply a conservative three percent CPI (Consumer Price Index) Index for each of the last 20 years. In order to increase that, the proposal is now twelve dollars and forty cents ($12.40), which is three percent per year cumulative, in order to get it up to this. This is something that both this Commission and the Planning Advisory Board has asked us to take a look at because it's been -- you know, we've been criticized that six sixty- seven is dirt cheap for what they're getting. I think the PAB (Planning Advisory Board) had felt that twelve forty was probably still cheap, but until we can come up with other formulas or other ways to come up with something that makes sense, the three percent CPI seemed to be a reasonable increase. Chairman Winton: But you'll keep studying this? Ms. Slazyk: Yes. The Department of Economic Development, I've met with them and we're going over different methodologies for developing a formula. Chairman Winton: Great. City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Ms. Slazyk: But in the meantime, this does put some increase in place. Chairman Winton: OK. PZ.24 is a public hearing. Anyone from the public like to speak on PZ. 24? If not, we'll close the public hearing. Need a motion. Commissioner Gonzalez: So move PZ.24. Commissioner Regalado: Second. Commissioner Sanchez: Discussion. Chairman Winton: And second. Yes, sir. Commissioner Sanchez: You know, I'm very glad to see that we're making this move. This is going to generate more money for the Affordable Housing Trust. Let me just say something, you know. Years ago, this is like a new horse to stable, everybody wants to ride it, you know. People are coming in and really, it should not be first come, first serve on the Affordable Housing Trust. We really need to be focusing on some areas -- and I hate to say this again -- but areas that really are in dire need of redevelopment, and at the end of the day, I mean, I stood here and supported development in areas that, at the end of the day, are the ones that basically provide oxygen for all of us to breathe, but we need to focus more on using these funds on areas such as Allapattah, Little Haiti, Little Havana, and I just want to state that for the record. The other thing is that we also need to look at areas that are years ago considered target areas that are no longer target areas, OK? That continues to be a stickler for me that I'm seeing areas that are being provided incentives to develop, and really they don't need incentives to redevelop and develop. They could develop on their own. Once again, at the end of the day, the areas that suffer are the areas that are looking for those incentives to develop and redevelop. You know, I constantly state that on the record, and I know that I'm repetitive on the issue, but we really -- we need to look at this and maybe review the policy on these target areas that maybe five and ten years ago were target areas, truly target areas, but now they're not target areas anymore. Chairman Winton: Even two years ago. Commissioner Sanchez: Well, even two years ago. I'm just saying a number. Chairman Winton: Because a lot happened in two years. Commissioner Gonzalez: Actually, there is a determination by USHUD (United States Department of Housing and Urban Development) of what a target area is, and you have to have a certain percentage of population to be -- to meet income, so you know, I don't know. I don't know why we (INAUDIBLE) -- Commissioner Sanchez: I'll take it a step even further. When was the last time that the City reviewed the impact fees? Commissioner Gonzalez: Probably a hundred and fifty years. Joel Maxwell (Deputy City Attorney): They've been reviewed several times, but there have been no amendments since adoption in '88. Commissioner Regalado: No, no, no, no, no, but he's right. Commissioner Sanchez: Every year they have to review. City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Commissioner Regalado: The City Commission asked about two years ago, three years ago for a review, because it so happened that we discovered that impact fees was higher in Flagami than in Brickell, and we requested a report. Never we have heard anything. I have never. Commissioner Sanchez: So that is another avenue that we could take -- Alicia Cuervo-Schreiber: Commissioner, in 1980 -- I'm sorry. Commissioner Sanchez: No. It's OK. Ms. Cuervo-Schreiber: --1989 and we're in the process of finalizing an RFP (Request for Proposal) that we're going to put on the street just for that purpose, to revisit it. Commissioner Gonzalez: I think -- Commissioner Sanchez: I could assure you that if you review, you'll see that there'll be a big difference on that, and that's something that -- I don't know if you know, the adminisfration just -- I think they're required to review it every year, but they have not amended it, and I'm sure that's -- you're talking about millions of dollars in impact fees coming into the City, so those are just things that I'm touching on because I really think that we need to take a different view on all of these things, because there's a lot of money out there that could come into the City pertaining to assisting in redevelopment and development of certain areas in our community. Commissioner Gonzalez: I can tell you that Flagami pays higher impact fees than Brickell. Commissioner Sanchez: It doesn't make sense. Commissioner Gonzalez: Allapattah pays higher impact fees than downtown. Allapattah. Commissioner Sanchez: So, listen -- Chairman Winton: OK. Commissioner Sanchez: -- I'm glad to hear the adminisfration is going to put out an RFP and review that. Chairman Winton: Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. PZ.25 03-0278 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55, SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED SUBDIVISION REGULATIONS/ VACATION AND CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT, BY INCLUDING A NEW SECTION 55-15(k); AUTHORIZING THE CITY MANAGER TO WAIVE RIGHT-OF-WAY City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 CLOSURE FEES IN CERTAIN INSTANCES. 03-0278 Cover Memo.PDF 03-0278 SR Legislation DRAFT.PDF 03-0278 FR Legislation DRAFT.pdf REQUEST: To Amend Section 55-15 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FI NDINGS: PUBLIC WORKS DEPARTMENT: Recommended approval. PURPOSE: This will authorize the City Manager to waive right-of-way closure fees in certain instances. Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ.25. Commissioner Sanchez: I just have a question on this. Are there any unintended consequences on waiver fees for -- Lourdes Slazyk (Assistant Director, Planning & Zoning): For right-of-way closure? Commissioner Sanchez: Yes. We're basically giving the City Manager the green light on these, right, the authority to close them? Alicia Cuervo-Schreiber: Sorry. Javier's coming out right now. It's -- actually in these particular cases not -- there's no impact. They're actually giving us -- Ms. Slazyk: They're dedicating. Ms. Cuervo-Schreiber: -- dedicating us land -- Ms. Slazyk: More than what they're closing, right. Ms. Cuervo-Schreiber: -- and we're giving them a burden by charging them fees, so in lieu of that, that's the only time that that discretionary element would come into play. Ms. Slazyk: There would be more land dedicated back for public use than what they're actually closing in these cases. Joel Maxwell (Deputy City Attorney): In certain circumstances, Commissioners, the developers are dedicating far more land that they're closing, and there's apparently an inequity there. What the City -- Ms. Slazyk: So the public -- Mr. Maxwell: -- is doing is addressing that inequity. City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes December 18, 2003 Chairman Winton: OK. PZ.25 is a public hearing. Anyone from the public would like to speak on PZ.25? If not, we'll close the public hearing. Need a motion. Commissioner Sanchez: So move. Chairman Winton: Second? Commissioner Gonzalez: Second. Chairman Winton: Got a motion and second. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been passed on first reading, 5/0. City ofMiami Page 66 Printed on 12/16/2004