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HomeMy WebLinkAboutCC 2004-09-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Monday, September 27, 2004 9:00 AM SPECIAL PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes September 27, 2004 CONTENTS 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez and Commissioner Regalado On the 27th day of September, 2004, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The meeting was called to order at 9:16 a.m. by Chairman Joe Sanchez, with Commissioner Winton absent, recessed at 10:35 a.m., reconvened at 2: 34 p.m., recessed at 4:22 p. m. to convene a Special Community Redevelopment Agency (CRA) Meeting, adjourned the CRA meeting at 4:24 p.m., reconvened the Special Planning and Zoning meeting at 4:24 p.m., recessed at 6:05 p. m., reconvened at 6:20 p. m., and adjourned at 8:01 p. m. MAYORAL VETOES Notes for the Record: Commissioner Winton entered the meeting at 9:20 a.m. On September 22, 2004, Governor Jeb Bush suspended Arthur Teele, Commissioner District 5, from office. Currently, that seat is vacant. ALSO PRESENT: Alicia Cuervo Schreiber, Chief of Operations Jorge Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk ABSENT: Joe Arriola, City Manager PZ - PLANNING AND ZONING ITEMS Chairman Sanchez: We have a very voluminous PZ (Planning & Zoning) agenda item. There are no vetoes from the Mayor's Office at this time. Allow me to state that for the record. NO MAYORAL VETOES ORDER OF THE DAY Chairman Sanchez: -- here at the City Hall, 3500 Pan American Drive. Let me just state for the record that the meeting has been called to order and announced that all lobbyists, anyone paid to represent someone else or any -- on any issue on today's agenda must register with the City Clerk's Office before they address this Commission. Also, anyone speaking for or against any of the items, please make sure that the Clerk swears you in before you testi. If you could please stand up and join me in a prayer, and then we'll do the pledge of allegiance so we can start the meeting. Prayer and pledge of allegiance to the fag. Chairman Sanchez: Also, well go ahead and start with the first item of the day, which is PZ.1. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes, sir. You're recognized. City of Miami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: Just for the record, on PZ 17, we got some calls in my office. This is in District 4. It's 22nd Terrace, and the paper says after 2:30, so I just want to make sure that we recognize that P.17 -- PZ. 17 will be done after 2:30 -- Chairman Sanchez: OK. Commissioner Regalado: -- because the people are coming just because that was -- Chairman Sanchez: OK. Was it advertised for that time? OK, so stated on the record, it'll be heard after 2:30. Are there any items that anyone wishes to defer at this time? Hearing none, are there any items from the administration? Yes, sir. You need to step up and recognize. State your name for the record. It works now. I'm sorry. Lourdes Slazyk: OK. Everything -- just for the record, Lourdes Slazyk, Planning & Zoning Department. Everything from PZ. 16 on is what was advertised for 2:30. This gentleman is seeking a continuance of PZ 20, so you really can't take that up until 2:30. Chairman Sanchez: That's right. OK, but he's asking for a continuance? Luis Rivera: No. Commissioner Regalado: No. Ms. Slazyk: Oh. Commissioner Regalado: He's asking for being heard after 2:30. Chairman Sanchez: After 2:30? Mr. Rivera: Yeah, at 6, about 6 o'clock. Chairman Sanchez: Well, we already -- Commissioner Regalado: Well, we have two time certain. Chairman Sanchez: Let -- Mr. Rivera: Or after to 6 o'clock, whatever. Chairman Sanchez: Listen, we have the order of the day and we're not going to deviate from the order of the day. We have already three items that are time certain. We have time certain at 5, one at -- at 5 p.m., we have PZ42; at 6: 30 p.m., we have PZ 43 and PZ. 44, so we'll -- if you want your time certain --1 mean, we can't do everybody time certain. Would you be content after 2 o'clock, and maybe we'll hold it to the end, maybe get it close to 4:30, 5, before we start? Priscilla A. Thompson (City Clerk): Chair, I need a name and address for the record, please. Mr. Rivera: My name is Luis Rivera. 1 represent the Vizcaya Homeowners Association, and we represent the papers to appeal this project over here or whatever. We asking -- going to be at 7 o'clock so they can -- people be here, and if it's going to be at 2:30, everybody's working and then nobody can do -- they coming down here, sort of like myself and that's why 1 tried to put it back after 5 o'clock or 6 o'clock or whatever. Chairman Sanchez: What is the wish of this Commission? I mean -- City of Miami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: It's your district. Chairman Sanchez: Well, my district -- I mean, I'm prepared to -- if it's the wish of the legislative body, we'll get to you. You want to do it -- Commissioner Regalado: But, the thing -- Chairman Sanchez: -- after the last one. I mean, the last one, if I'm not mistaken, it's going to be a very long meeting, so -- Commissioner Regalado: If they want to be here -- if they want to be here but, 1 mean, these two time certains are very controversial. A lot of -- the time certain that the Chairman mentioned -- Chairman Sanchez: 1 am leaving at 9 o'clock. Commissioner Regalado: OK. Chairman Sanchez: I'm done at 9 o'clock. Whatever items are not heard, they'll be back. We'll have another meeting but, listen, we can't continue to have this. This is a PZ (Planning & Zoning) item that people need to understand that because of the hurricane, it was cancelled. We have 44 items and we must respect everyone because all the items are important to everyone, especially those that are here against or for the project, so -- I mean, let's do something. Let's play it by ear and we'll get you as close as we can, either 5 or you'll be the last item, but at 9 o'clock, 1-- you know, 1 will -- these meetings are going to be run as professional and time certain as possible. There isn't -- we do a terrific -- we do an incredible injustice to the residents that come here and have to be here at 11, 12, 1 o'clock in the morning on PZ items and, at the end of the day, 1 mean, we don't serve the purpose here because so many items are -- you just can't make the right decisions when you're so tired, and then we understand that people have responsibilities to do with their families; get their kids ready for school tomorrow and they work, so they can't be here at 11 and 12, 1 o'clock in the morning pertaining to these items so, at 9 o'clock, we're going to call off the meeting and then, if there are any other items, then we'll hold them to the next meeting or we'll call for a special meeting, whatever the will of this legislative body wants to do, but 1'll tell you what. We'll go ahead and, since your item is after 2: 30, we'll try to take it around 5 o'clock. Mr. Rivera: 1'll be here at 5 o'clock. Chairman Sanchez: OK. Let's go ahead and start with, 1 believe, PZ 1. Ms. Slazyk: Be -- Ms. Thompson: I'm sorry. We need to swear in any individuals that will be testifying this morning. Chairman Sanchez: Anyone testing on any of the PZ items, please stand up and be sworn in by the City Clerk. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: OK. Chairman Sanchez: The remaining PZ items are for 2:30 and, just to state on the record, we City of Miami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 have a time certain 5 p.m., PZ.43, which is a Major Use Special Permit; 6: 30, PZ 43 and PZ 44. At this time, the City Commission stands in recess to 2:30 sharp. Commissioner Regalado: Mr. Chairman, at 3 we have a CRA (Community Redevelopment Agency) -- Vice Chairman Winton called for a CRA meeting, so what are we going to do -- Chairman Sanchez: I -- Commissioner Regalado: -- start PZ and then go back to CRA? What is your -- Chairman Sanchez: I don't -- Joel Maxwell (Deputy City Attorney): Yes. Chairman Sanchez: Johnny, you called for a CRA meeting? Mr. Maxwell: Yes. You can actually initiate the 2:30 P&Z agenda, and recess that agenda at 3 o'clock in order to take up the special call at 3 -- Commissioner Winton: Did 1 call for a special meeting? On what? Mr. Maxwell: -- if it's the wish of the Commission. Commissioner Regalado: Yes, you did. It's here. Priscilla A. Thompson (City Clerk): You needed a change of the meeting date for October. Chairman Sanchez: No. _ What we need is to get organized here. We can't have two meetings at the same time, that's for sure, so we could come back at 2:30 and then, at 3 o'clock, we'll recess for a CRA meeting, if one is to be held today -- Mr. Maxwell: Yes, sir, you could -- Chairman Sanchez: -- and then we'll come back. Mr. Maxwell: -- temporarily recess the P&Z, take up the special call and then, at the conclusion of that, reopen the P&Z agenda. Chairman Sanchez: That's exactly what we're going to do. Commissioner Winton: Yes, sir. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: The Commission meeting stands in recess until 2:30. Commissioner Winton: My leader. Vice Chairman Gonzalez: All right. Commissioner Winton: My leader. Chairman Sanchez: Also, I want to thank the staff, the City Attorney, Madam Clerk, the City of Miami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioners for getting through this hectic, hectic voluminous PZ (Planning & Zoning) item, and let me just state for the record that I don't think we'll ever be having another PZ item like this, as long as I'm the Chair in this Commission. Commissioner Regalado: Good. Chairman Sanchez: I want to make it very clear. We're going to sit down and we're going to have PZ items that we could -- you know, are reasonable amounts, not 44 items. I mean, it's unheard of I don't think anybody has gone through 44 PZ items here in a long time. Commissioner Winton: And look at how -- Chairman Sanchez: 1 understand -- Commissioner Winton: -- how well you did it. Chairman Sanchez: -- under certain conditions that we've had because of the hurricane, but I can guarantee you, this will not happen again, so I will be monitoring the agenda to make sure that, you know -- we'll split them and we might -- once again, Commission -- Commissioners, I want to say that we may be forced to have an extra meeting, maybe half -day to get through some of these PZ items. Commissioner Regalado: Hey, fine by me. Chairman Sanchez: -- but, you know, really -- Commissioner Regalado: 1 mean, you know, I would rather come back -- and 1 understand the schedule for everybody here, but I would rather come back. 1 really -- I'm really sorry for the people that were here for hours and hours and hours. You know, the Villa Magna project brought about 100 persons out. Everybody works and everybody has issues, so you know -- and I'm willing to -- Chairman Sanchez: All right. I -- Commissioner Regalado: -- come back as long as it takes. Chairman Sanchez: I'm going to be looking for your support on that. It will be fair and just, but 1 think it's unfair when we have people here from 2:30 and, you know, they get out of here at 11. Not today. We got out of here early, but -- Unidentified Speaker: It's 8 o'clock. Chairman Sanchez: -- 8 o'clock. Other than that, are there any other items? We can't discuss any new items pertaining to the special meeting, but do I -- Commissioner Regalado: Tomorrow, we have 5:05, right -- Chairman Sanchez: Yes. Commissioner Regalado: -- budget? Chairman Sanchez: 5:05 budget -- Commissioner Regalado: And then -- City of Miami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: -- following the -- Commissioner Regalado: Immediately after, we have -- Chairman Sanchez: -- special meeting. Commissioner Regalado: -- the special meeting. Chairman Sanchez: Is there -- Vice Chairman Gonzalez: It's 5 o'clock, right? Chairman Sanchez: 5:05. Is there a motion to adjourn? Vice Chairman Gonzalez: Motion to adjourn. Chairman Sanchez: Always accepted There's a motion to adjourn. Commissioner Regalado: Second Chairman Sanchez: Second All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right -- Vice Chairman Gonzalez: Aye, and congratulations to the Chairman. Chairman Sanchez: Thank God almighty. Vice Chairman Gonzalez: -- for good work. PZ.1 04-00974 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 LOFT 2 PROJECT, TO BE LOCATED AT APPROXIMATELY 133 NORTHEAST 2ND AVENUE, 226 NORTHEAST 2ND STREET AND 236 NORTHEAST 2ND STREET, MIAMI, FLORIDA, TO CONSTRUCT A 433- FOOT, 35-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF 496 TOTAL MULTIFAMILY RESIDENTIAL UNITS, 4,675 SQUARE FEET OF RETAIL, WITH UP TO 500 PARKING SPACES TO BE PROVIDED IN THE CITY OF MIAMI PARKING GARAGE NO. 3, LOCATED AT 190 NORTHEAST 3RD STREET; 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 of Miami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 04-00974 Fact Sheet.pdf 04-00974 Analysis.pdf 04-00974 Zoning Map.pdf 04-00974 Aerial Map.pdf 04-00974 Traffic Impact Analysis.PDF 04-00974 Application & Supp Docs.PDF 04-00974 Plans.PDF 04-00974 Legislation.PDF 04-00974 Exhibit A - Modif.pdf 04-00974 Exhibit B.PDF 04-00974 Exhibit C.PDF REQUEST: Major Use Special Permit for the Loft 2 Project LOCATION: Approximately 133 NE 2nd Avenue, 226 NE 2nd Street and 236 NE 2nd Street APPLICANT(S): Rafael Kapustin, Trustee and Owner and TRG-Downtown Loft II, Ltd., Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 1, 2004 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the Loft 2 Project. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0651 Chairman Sanchez: We'll start with PZ 1. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 1 is a consideration of a Major Use Special Permit for the Lofi II project located at 133 Northeast 2nd Avenue, 226 Northeast 2nd Street and 236 Northeast 2nd Street. It's been recommended for approval with conditions by the Planning & Zoning Department, approval with conditions by the Planning Advisory Board and, since the time this has gone through the Planning Advisory Board through here, the applicant has already complied with Condition 12, and we already got an answer from the County on Condition 10, so I'd like to eliminate Conditions 10 and 12 from the development order. Otherwise, we recommend approval. Chairman Sanchez: All right. It's been stated on the record. Is there a motion? It's a resolution. Commissioner Regalado: 1 move it. City of Miami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: There's a motion. Is there a second? Commissioner Winton: Second Discussion. Chairman Sanchez: Second for the purpose of discussion. Commissioner Winton. Commissioner Winton: This comment isn't directed specifically at this project. It's directed, really, at all of the MUSPs (Major Use Special Permits) we're approving, but I'm going to give you two examples of projects that have been recently built (UNINTELLIGIBLE) downtown, Brickell, West Brickell area. When 1 looked at the architectural rendering, the project looked fabulous. I'm looking at the finished, or near finished product and it looks like hell, and I'm not going to use any developer names. Maybe "hell" is too strong a term, but they don't look -- they don't create the image in the community that we were looking at when we approved the MUSP, and two examples: One is on Coral Way and South Miami Avenue, high-rise there right on the corner. You know, you drive up that -- you drive either up Coral Way west, or you drive northbound on Miami Avenue and you see, literally, brick -- I mean, block -- concrete wall parking. I mean, it doesn't look like the rendering. That looked like really cruel building right there on that corner, and the reality is it's not. There's another building that is under construction just on the north side of the Espirito Santo building, which is one of the new landmark signature buildings, where the architecture of that building is being recognized everywhere as incredible, and there's a building next to it -- then, if you look down the street, 1 see nothing but a -- you know what the One Biscayne Tower parking lot looks -- parking garage looks like, where you see nothing but parking, parking, parking, parking, parking, parking, parking, and I thought we had -- would never see that again; that we would know how to -- I don't care if it's -- you know, liners don't fit everywhere but you can hide parking garages. I'm seeing parking, parking, parking. I mean, maybe it's not finished and maybe that parking garage is going to be hidden, I hope, but the architecture doesn't match what I approved so, some way or another, we need to make sure that the renderings that we're looking at when we approve these MUSPs and the finishes that we think we're looking at have some real relationship to the end product at the end of the day. In my mind, this is a big deal, so what -- how do we do that? Ms. Slazyk: Well, the one you're talking about that's north of -- on the other side of Espirito Santo, that one was approved before we required liners. That's an older MUSP that they got a few time extensions, and we didn't really require that back then. The other one -- the -- Commissioner Winton: But we don't -- but a liner and hiding a garage -- Ms. Slazyk: Yeah. Commissioner Winton: -- are two radically different things. Ms. Slazyk: Yeah. Commissioner Winton: You don't have to have a liner to hide a garage. Ms. Slazyk: Right. I know, and the other one, that was what they chose to hide the garage, but what happens when the MUSP is approved and they go on for building permit, we check to make sure that it matches the MUSP, and if they need any kind of changes that are different than what you saw, we're making them come back to you, which is something that they also didn't -- wasn't done before, so if they don't do exactly this project, if they seek any changes that will change the look dramatically or, you know, other than little teeny things, if it's going to change the look or the materials, we're going to make them come back to you, so they need to decide, at the time of the MUSP, what quality they want so you're going to get what you see, and that something that City of Miami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 changes in design will be coming back here. Commissioner Winton: OK, and we don't need any -- you don't need any new teeth to make that happen. That's just -- Ms. Slazyk: Nope. That's already in the Code. Commissioner Winton: OK, fine. OK. I'm done. Chairman Sanchez: OK. Commissioner Winton: And, again, this was not directed towards this project. This was about MUSPs in general because we've got more coming, and I just want to make sure that what we ended up with doesn't happen again. Commissioner Regalado: Remember when you buy with a catalog? Commissioner Winton: What? Commissioner Regalado: When you buy through a catalog. Commissioner Winton: Exactly. Commissioner Regalado: You get -- Commissioner Winton: That's the reason I don't buy through catalogs. Commissioner Regalado: Yeah. Chairman Sanchez: All right. Applicant, I think you should make a presentation for the record, very brief. Gloria Velazquez: Good morning. My name is Gloria Velazquez with law offices at -- Commissioner Winton: Why? Ms. Velazquez: -- 1221 -- Chairman Sanchez: Huh? Commissioner Winton: Why? Chairman Sanchez: Well, because we need to have it on the record, 1 believe. Commissioner Winton: No, we don't. We've got a motion and a second. We don't -- they're not required to put on a full presentation. Chairman Sanchez: 1 believe they do. Not a full presentation, but -- Jorge L. Fernandez (City Attorney): No. Commissioner Winton: Listen -- Chairman Sanchez: -- they need -- City of Miami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Fernandez: If -- Commissioner Winton: Well, just a few key points on the record Chairman Sanchez: Yeah. Commissioner Winton: OK. I'm sorry. I'm sorry. Mr. Fernandez: If applicant sees things going her way -- Commissioner Winton: Yeah, yeah, yeah. Mr. Fernandez: -- perhaps, she will waive, but she's entitled -- in case she feels things are not going her way, to make the record. Commissioner Winton: Listen, we've approved 200 MUSPs since I've been here, so -- Commissioner Regalado: It's going your way. Chairman Sanchez: It's going your way. Commissioner Winton: -- I know how the system works. Chairman Sanchez: All right. It's a public hearing. Commissioner Winton: Whatever you feel you need to put on the record Chairman Sanchez: Anyone from the public wishing to address this item, please step forward. Hearing none and seeing none, the public meeting is closed OK. There's a motion and a second. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. Ms. Velazquez: Thank you. Chairman Sanchez: Thank you. PZ.2 04-00731 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A CHILD DAYCARE FACILITY FOR 40 CHILDREN TO BE LOCATED IN A "PR" PARKS AND RECREATION ZONING DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2111 SOUTHWEST 19TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A". City of Miami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 04-00731 Fact Sheet.pdf 04-00731 Analysis.PDF 04-00731 Zoning Map.pdf 04-00731 Aeiral Map.pdf 04-00731 ZB Reso.PDF 04-00731 Application & Supp Docs.PDF 04-00731 Plans.PDF 04-00731 Legislation.PDF 04-00731 Exhibit A.PDF REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 2111 SW 19th Street APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on June 14, 2004 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a child daycare facility for forty children within Shenandoah Park. Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0652 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2 is a special exception, which requires City Commission approval. This is to allow a child daycare facility for 40 children in the Parks, Recreation and Open Space zoning. This is at 2111 Southwest 19th Street. It's been recommended for approval with conditions by the Zoning Board and the Planning & Zoning Department to the City Commission. Chairman Sanchez: All right. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: I -- this is right across Shenandoah, and 1 think that the requirement is that they have additional parking, which they complied. Ms. Slazyk: The only condition we had was on final color and sign specifications because that hadn't been submitted to us yet, but it was deemed to comply with parking. Commissioner Regalado: Right. OK. I'll move this item. Chairman Sanchez: There is a motion. Is there a second? City of Miami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Vice Chairman Gonzalez:: Second Chairman Sanchez: Second for the purpose of discussion. Open for discussion. Commissioner Winton. Commissioner Winton: I'm just trying to understand the public policy implications. There's a part of me that says this is brilliant, and another part of me that says, "I'm scared, " and I don't get the scared part exactly but, Commissioner Regalado, help -- Commissioner Regalado: Let me explain to you just briefly. This is facing 22nd Avenue. It's next to an apartment building and, also, a market and a laundry. Commissioner Winton: A market and a -- OK. Commissioner Regalado: Across is Shenandoah Park, all the way to 19th -- Commissioner Winton: Um-hmm. Commissioner Regalado: -- Street, and next, there's nothing residential, so the residents is way around and my understanding is that -- because some residents called here and they said that they signed an application because these people met with them and explained the whole thing, and this is why I'm not nervous at this time. Commissioner Winton: But I'm dealing with the public policy issue, not the -- Commissioner Regalado: Right. Commissioner Winton: -- this park, at all. Commissioner Regalado: No, right. Commissioner Winton: And that's all I'm trying to understand. You know, we're looking for new uses in parks, so that -- and kids in parks, that seems to be a natural -- but are we building a new building? Chairman Sanchez: No. Commissioner Winton: Are we creating parking? 1 didn't understand that piece of it. Ms. Slazyk: All right. My understand is that the parking -- right now, there is a temporary fire station there, and that's where the parking is going to be provided when that station moves. Other than that, it's -- Commissioner Winton: Is it going -- Ms. Slazyk: -- putting a daycare -- Commissioner Winton: -- into an existing building? Commissioner Regalado: Wait, wait, wait. I -- I'm a little confused here, now that she mentioned this. This is within -- inside Shenandoah Park, and 1 was -- Commissioner Winton: That's my -- City of Miami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: -- confused at -- across the street because there are some people seeking a daycare across the street. This is inside the park -- Commissioner Winton: Right. Commissioner Regalado: -- but the City needs to demolish the old daycare center because it was found to be -- Commissioner Winton: Is there one there already? Chairman Sanchez: For years. Commissioner Winton: Oh. Commissioner Regalado: It's been there for years. Chairman Sanchez: For years. Commissioner Regalado: But the problem with this is that the City -- maybe Alicia can help me on this one -- is trying to seek some kind of RFP (Request for Proposals) to get somebody to come and build a daycare, but this is not a plan. It's just a change of zoning because we have to demolish the building. When Ivan, the Chief Inspector, condemned the building and the kids -- Commissioner Winton: Oh. Commissioner Regalado: -- had to go -- Commissioner Winton: So there's been one there all along, and we're just fixing a problem. Commissioner Regalado: Thirty-five years. Chairman Sanchez: All right. Commissioner Winton: I'm done. Chairman Sanchez: There's a motion and a second on the floor. It is a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing none and hearing none, the public hearing is closed. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Hearing none, resolution passes unanimously. PZ.3 has been deferred. PZ.3 04-00726 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, APPROVING IN CONCEPT, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN UPDATE AS APPROVED BY SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVLOPMENT AGENCY (CRA). City of Miami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 04-00726 Fact Sheet.pdf 04-00726 PAB Reso.pdf 04-00726 Legislation.PDF 04-00726 exhibit-SEOPW Comm Redev Plan.pdf 04-00726-Memo.pdf REQUEST: To Approve In Concept the Southeast Overtown/Park West Community Redevelopment Agency (CRA) Community Redevelopment Plan APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval in concept to City Commission on June 16, 2004 by a vote of 7-0. PURPOSE: This will approve in concept the Southeast Overtown/Park West Community Redevelopment Plan. CONTINUED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to CONTINUE item PZ 3 to the Commission Meeting currently scheduled for October 28, 2004. Lourdes Slazyk (Assistant Director, Planning & Zoning): Excuse me, Mr. Chairman. Before we start PZ 1, the administration would like to request a continuance on PZ 3 for the second meeting in October. Chairman Sanchez: OK. Is there a motion? Commissioner Regalado: Move it. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. The item has been deferred to the next meeting. Priscilla A. Thompson (City Clerk): I'm sorry. That's the meeting of the 28th, right, not the next -- Ms. Slazyk: Yes. Ms. Thompson: Thank you. Ms. Slazyk: Correct, the 28th -- Ms. Thompson: Thank -- City of Miami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Slazyk: -- second meeting of October. Ms. Thompson: Thank you. Ms. Slazyk: Thank you. Chairman Sanchez: Any other items that anyone would like to defer at this time? All right. PZ.4 04-00571 ORDINANCE Second 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 3439 MAIN HIGHWAY, (A/K/A 2750 MCFARLANE ROAD), MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00571 SR Fact Sheet.pdf 04-00571 Analysis.PDF 04-00571 Land Use Map.pdf 04-00571 & 04-00571a Aerial Map.pdf 04-00571 PAB Reso.PDF 04-00571 Application & Supp Docs.PDF 04-00571 Legislation.PDF 04-00571 & 04-00571a Exhibit A.PDF 04-00571 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3439 Main Highway (a/k/a 2750 McFarlane Road) APPLICANT(S): St. Stephen's Episcopal Church APPLICANT(S) AGENT: Jerry Proctor, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 19, 2004 by a vote of 7-1. See companion File ID 04-00571 a. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12590 Chairman Sanchez: We go to PZ. 4. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 4 and 5 are companion items. This is a land use and a zoning change from single-family residential to restricted commercial. This is second reading, 3439 Main Highway. This is for the St. Stevens Episcopal Church property. It's been recommended for approval by the Planning Advisory Board, passed on first reading July 22nd, and the companion zoning change was recommended for approval by the Zoning Board and also passed first reading July 22nd Commissioner Winton: So moved. Chairman Sanchez: Second reading. It's an ordinance. There's a motion -- Commissioner Regalado: Second. Chairman Sanchez: -- and a second. It is a public hearing. Anyone from the public wishing to address the Commission, please step forward Sir, would you like to make a statement on it? Jerry Proctor: Good morning, Mr. Chair. Jerry Proctor, attorney for the applicant on both items. We would appreciate your continued support. We don't believe we have any objectors, and we appreciate your support. Thank you. Chairman Sanchez: Thank you, sir. It's a public hearing. Anyone from the public wishing to speak on the item, please step forward. Hearing none and seeing none, the public hearing is closed. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: OK. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.5 04-00571a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 46, 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-1 " SINGLE-FAMILY RESIDENTIAL WITH AN "SD-18" MINIMUM LOT SIZE DISTRICT TO "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3439 MAIN HIGHWAY, (A/K/A 2750 MCFARLANE ROAD), MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 04-00571a SR Fact Sheet.pdf 04-00571a Analysis.PDF 04-00571a Zoning Map.pdf 04-00571 & 04-00571a Aerial Map.pdf 04-00571a ZB Reso.PDF 04-00571a Application & Supp Docs.PDF 04-00571a Legislation.PDF 04-00571 & 04-00571a Exhibit A.PDF 04-00571a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential with an SD-18 Minimum Lot Size District to SD-2 Coconut Grove Central Commercial District to Change the Zoning Atlas LOCATION: Approximately 3439 Main Highway (a/k/a 2750 McFarlane Road) APPLICANT(S): St. Stephen's Episcopal Church APPLICANT(S) AGENT: Jerry Proctor, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-0. See companion File ID 04-00571. PURPOSE: This will change the above properties to SD-2 Coconut Grove Central Commercial District. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12591 Chairman Sanchez: PZ5 is a companion. Commissioner Winton: Move it. Chairman Sanchez: There's a motion by Commissioner Winton. Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Hearing none, seeing none, the public hearing is closed. No further discussion. Mr. Attorney, read the ordinance. The Ordinance was read by tide into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. City of Miami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.6 04-00672 ORDINANCE Second Reading AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITILED, "SCHEDULE OF DISTRICT REGULATIONS" RELATING TO THE G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY PERMITTING NON -GOVERNMENTAL AND INSTITUTIONAL USES ONLY IF ANCILLARY TO THE GOVERNMENTAL AND INSTITUTIONAL USES PERMITTED, AND TO THE EXTENT OF LESS INTENSE PERMITTED USE OF THE ABUTTING PROPERTY ONLY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00672 SR Fact Sheet.pdf 04-00672 PAB Reso.PDF 04-00672 Legislation.PDF 04-00672 FR Fact Sheet.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 (as modified) to City Commission on June 2, 2004 by a vote of 8-0. PURPOSE: This will amend the G/I Government and Institutional District to allow non -governmental and institutional uses only if ancillary to the main use. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado 12592 Chairman Sanchez: All right. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 is a second reading ordinance to the G/I (Government/Institutional). It's a text amendment. This is the one where the -- any property when zoned G/I, when it ceases to be used for government or institutional uses, may only be used as per the less intense abutting zoning district. It's been recommended for approval by the Planning Advisory Board, and passed first reading on July 22nd. Chairman Sanchez: And this is second reading, correct? Ms. Slazyk: This is second reading. City of Miami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: OK. Is there a motion? Commissioner Winton: So move. Vice Chairman Gonzalez: Second Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. It is open for discussion. Commissioner Winton: Lourdes, this is PZ.6, again, right? Ms. Slazyk: Yes. Commissioner Winton: 1 think it's very important that you put on the record right now, so it's on Net-9, a repeat of what we did last time, and that is explaining what's going on here because this ordinance that we're passing solves a huge problem for a lot of people out there who are very skeptical of the way we handle some Planning & Zoning items, particularly G/I zoning, so would you put it on the record that we're curing what many people consider to be a major defect in our Code, and we're curing it with this move. Ms. Slazyk: Correct. We're -- what we have is, throughout the city, we have G/I zoning scattered in R-I and R-2 single-family, duplex and other residential districts. They're in those districts because there's either schools or churches, or some other government or institutional use. The big fear is that what happens when a school or church closes, and you've got this G/I zoning in the middle of a neighborhood G/I zoning is very similar to office zoning in that it allows some pretty substantial height and density. What this ordinance says is that once the G/I property ceases to be used for school or church, it can only be used as per the least intense abutting district. Therefore, if a church or a school goes away from a G/I zoned property in a single-family neighborhood, the property may only be used for single-family use because that's the least abutting -- least intense abutting district, so this is a major cure for our residential districts, the fear of what G/I could bring. Chairman Sanchez: All right. Before we vote on it, it's a public hearing. Anyone from the public wishing to address this item, please step forward. Hearing none, seeing none, the public hearing is closed, and now we are prepared to vote. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.7 04-00406 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 1884 NORTHWEST 15TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING City of Miami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00406 SR Fact Sheet.pdf 04-00406 Analysis.PDF 04-00406 Land Use Map.pdf 04-00406 & 04-00406a Aerial Map.pdf 04-00406 PAB Reso.PDF 04-00406 Application & Supp Docs.PDF 04-00406 Legislation.PDF 04-00406 & 04-00406a Exhibit A.PDF 04-00406 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1884 NW 15th Street APPLICANT(S): Joseph Chambrot, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 7, 2004 by a vote of 7-0. See companion File ID 04-00406a. PURPOSE: This will change the above property to General Commercial. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Direction to City Attorney by Chairman Sanchez to provide a legal opinion on the appropriate, legal way to handle covenants in order to enforce them and to protect the City. Chairman Sanchez: OK. PZ 7. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 7 and 8 are first reading, change of land use and zoning for the property at 1884 Northwest 15th Street. The request is from duplex residential to general commercial, with the companion zoning item for C-2, liberal commercial classification. The Planning & Zoning Department has recommended denial. If you look at the graphics in your package, you'll see that this is a very well defined residential district, and this would represent commercial intrusion into the neighborhood It was also recommended on the land use change for denial by the Planning Advisory Board, and the zoning change came with a recommendation of approval from the Zoning Board. Chairman Sanchez: OK. This is a first reading. It is -- sir, would you like to -- Vice Chairman Gonzalez: I'm sorry. City of Miami Page 2/ Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: I think we allow them the opportunity, the applicant, or no ( UNINTELLIGIBLE)? Vice Chairman Gonzalez: No, just go ahead Chairman Sanchez: OK, the applicant. Yes, sir. You're recognized to speak. Joseph Chanibrot: Good morning. Joe Chanibrot. I am the owner of the property. What we are trying to do here is turn this duplex, which is actually located on Northwest North River Drive, abutting commercial property, to a law office. When we were in front of the Zoning Board, they expressed some concern about once the zoning being changed to a C-2 -- which is actually what abut us; that's why we're making this particular zoning change -- we were willing to enter into a covenant with the City not to build such a property, and that covenant to run with the land The only use that we are trying to locate, or what we're trying to do in this property is to turn it into a law office, perhaps, for two attorneys. Chairman Sanchez: OK. Thank you, sir. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Hearing none and seeing none, the public hearing is closed Commissioner Gonzalez, you're recognized. Vice Chairman Gonzalez: Yes, Mr. Chairman. 1 move to approve this zoning change. Chairman Sanchez: There is a motion to approve -- Vice Chairman Gonzalez: This is going to be strictly for law office, right? Mr. Chanibrot: Yes, sir, and we are willing to enter into a covenant with the City for that -- for those purposes only. Vice Chairman Gonzalez.: OK. Mr. Chanibrot: We expect to make no changes to the actual structure, other than those required by the City to turn it into a law office, which, I believe, will be a handicap bathroom and whatever else goes with it. Vice Chairman Gonzalez: It is important to be known that at that particular property, there used to be offices before, even though they may never had an occupational license or a Certificate of Use, like many, many, many businesses in our City, but there used to be offices there. This is next to a Goodwill warehouse. In front of it, it has 640 units on the other side. Across the street, what we have is marinas so, you know, as long as it is only going to be used for an attorney's office with two attorneys, I'll move to approve it. Commissioner Winton: I'll second the motion. Chairman Sanchez: OK. There's a motion and a second. It is open for discussion. Commissioner Winton: And, Commissioner Gonzalez, your explanation, in terms of surrounding area, helped me immensely because, contrary to what the applicant said, I'm looking at the zoning map, and there isn't any C-1 or C-2 anywhere near this. It's either industrial or general commercial, or multifamily, so I'm just -- I'm always just concerned about how we carve these pieces out, but your explanation of the surrounding area makes sense to me. Chairman Sanchez: All right. Any further -- City of Miami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: But this is subject to the covenant? Ms. Slazyk: The covenant would be -- Vice Chairman Gonzalez: Subject to the covenant. Ms. Slazyk: -- with PZ8, which is -- Commissioner Winton: OK. Ms. Slazyk: -- the zoning change. Commissioner Winton: Great. Chairman Sanchez: All right. No further discussion. The public hearing has been closed. It's an ordinance on first reading. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Jorge L. Fernandez (City Attorney): And before you vote, Mr. Chairman, for the record, 1 was talking to staff on this. Because the applicant is making a proffer -- which he's not being asked to; he's making it on his own -- he's tying the use of this land in perpetuity to that very limited issue. This is a practice that we all need to look at with a great deal of care in the future and, while it is appropriate because he's making the proffer, otherwise, on a regular basis, I would be recommending any type of use that deviates from what the district of regulations -- district regulations provide, so it is fine, but I need to let you know that my experience of 23 years dealing with these issues is that, perhaps, by proffering a covenant like he's doing, we will be fine, but it -- this practice should be very, very limited. Chairman Sanchez: OK. Vice Chairman Gonzalez: All right. Chairman Sanchez: Before we vote on that, 1 just want a point of clarification on this. For the last six years that I've been here, that's how it's been done. I mean, they would proffer the covenant; it's accepted by the administration, then it's --1 mean, do you -- are you saying that it jeopardizes -- Mr. Fernandez: No. I just wanted to make the record doubly clear so that, in the future, any prospective buyer would not have a leg to stand on when they would want to buy that property and put it to some other use because, in the way that properties changes hands -- you know, 1 don't know for how long this particular owner will own that piece of land. Chairman Sanchez: And -- Mr. Fernandez: He may be there two years, five years. Commissioner Winton: And we -- Chairman Sanchez: And that's a very good point that, that Commissioner Winton, has always focused on when people buy property and they enter into a covenant, and then they sell it, and then it's not -- but what assurance do we have? First of all, it is put on the record that the applicant has agreed to a covenant. It is then put in -- on all the legal documents to support -- Ms. Slazyk: Right, and recorded. City of Miami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: And recorded, so I'm -- you know, by you bringing that up -- and I have the -- I mean, I'm cautious because you're my attorney. You're our attorney here and 1 want to make sure that by you stating that -- Mr. Fernandez: Yes. Chairman Sanchez: -- we are well protected. Mr. Fernandez: In other jurisdictions, 1 have had to defend lawsuits arising out of the transaction we're talking about, and we have been successful in defending them simply because the record has been replete with references, and there has been a recording -- Ms. Slazyk: Right. Mr. Fernandez: -- of this document so that a person buying, doing due diligence and checking a chain of title, is able to discover it immediately. Chairman Sanchez: Could you look into that matter and provide us a legal opinion -- Mr. Fernandez: I certainly will. Chairman Sanchez: -- as to the legal -- you know, any loopholes or whatever may exist that might put the City in harms way on that matter? Mr. Fernandez: It is legal; it is defensible, but I'm cautioning you that the additional flavor 1 will bring to this is to engage in these as little as possible. Chairman Sanchez: OK. Vice Chairman Gonzalez: 1 have a question. Chairman Sanchez: Commissioner Gonzalez. Vice Chairman Gonzalez: Question. Mr. Chanibrot, you own this property, right? Mr. Chanibrot: I've owned it for about four years. Vice Chairman Gonzalez: OK. Is there a way that we can legally link this change just to Mr. Chanibrot's ownership? What I'm trying to say is, let's say that four years from now, Mr. Chanibrot decides to sell the property, and then we'll be -- if he sells the property, the next owner will not be able to build anything in there except to keep a law office with two attorneys. Commissioner Winton: But that's what the covenant -- Mr. Fernandez: No. The -- Commissioner Winton: -- says right now. Ms. Slazyk: Yeah. Commissioner Regalado: Yeah. Mr. Fernandez.: The quick answer to your question is, "No, you may not do that. " We may not do either contractual zoning or conditional zoning. Once you rezone a property, you rezone it in City of Miami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 perpetuity. The only thing that can limit that is, perhaps, what this applicant is doing, is proffering voluntarily a covenant to restrict the use. Unusual as that is, it is defensible, but the answer to your question is no, you cannot do conditional zoning. Mr. Chanibrot: If it would appease any of the concerns, and if the City Attorney has any documents that could be recorded in the public records in order to ensure that that is carried out, I would be more than happy to sign it. Commissioner Winton: This is recorded. Mr. Chanibrot: Well -- Commissioner Winton: (INAUDIBLE). Mr. Chanibrot: -- in the public record, yes. Ms. Slazyk: Well, this -- what -- Commissioner Winton: The covenant's recorded, isn't it? Ms. Slazyk: Yeah. What's going to happen is you're going to produce the covenant and submit it to our Legal Department before second reading, and if it's acceptable, then the Law Department would tell the Commission we've received the covenant and it's in a recordable form -- Chairman Sanchez: Yeah. Ms. Slazyk: -- and it meets, you know, the conditions that you proffered -- Mr. Chanibrot: 1 understand. Ms. Slazyk: -- which is that you're going to limit yourself to the office use and no structural changes other than what's necessary to meet the Building Department requirements for your office use. Mr. Chanibrot: Correct. Ms. Slazyk: That's what your covenant would say, and then any release or modification of your covenant has to come back before this body. Mr. Chanibrot: Exactly. Ms. Slazyk: Right. Mr. Chanibrot: So what I'm addressing is, should someone then buy the property, obviously, that is part of the public records. Ms. Slazyk: Yes. Because it would be recorded. Chairman Sanchez: Absolutely. Ms. Slazyk: Yep. Mr. Chanibrot: So, therefore, they can't -- Chairman Sanchez: Yes. City of Miami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Chanibrot: -- come back and say, "Now 1 want to put a 10-story building here." Ms. Slazyk: No. They wouldn't be able to. Commissioner Winton: Well, they can. They just have to come back here -- Ms. Slazyk: They have to come -- Commissioner Winton: -- and we change it; -- Ms. Slazyk: -- back to the Commission, that's correct. Commissioner Winton: -- a la the one that's coming up at 5:30 this afternoon; a proffered -- Vice Chairman Gonzalez: All right. Commissioner Winton: -- covenant -- Chairman Sanchez: All right. Commissioner Winton: -- that's been on the books. Chairman Sanchez: No further debate. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.8 04-00406a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 24 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-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1884 NORTHWEST 15TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00406 & 04-00406a Exhibit A.PDF 04-00406a SR Fact Sheet.pdf 04-00406a FR Fact Sheet.pdf 04-00406 & 04-00406a Aerial Map.pdf 04-00406a ZB Reso.PDF 04-00406a Legislation.PDF 04-00406a Application & Supp Docs.PDF 04-00406a Analysis.PDF 04-00406a Zoning Map.pdf City of Miami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 1884 NW 15th Street APPLICANT(S): Joseph Chambrot, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on May 10, 2004 by a vote of 6-2. See companion File ID 04-00406. PURPOSE: This will change the above property to C-2 Liberal Commercial. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Chairman Sanchez: PZ 8 is a companion. It's also an ordinance; also on first reading. Vice Chairman Gonzalez: 1'll move -- Lourdes Slazyk (Assistant Director, Planning & Zoning): And this is the one where you accept the covenant. Chairman Sanchez: OK. Vice Chairman Gonzalez: I'll move -- Commissioner Winton: Second. Vice Chairman Gonzalez: -- PZ 8. Chairman Sanchez: All right. Wait, before we do that, sir, would you like to make a statement -- Joseph Chanibrot: No. Chairman Sanchez: -- on the record? Mr. Chanibrot: No. Chairman Sanchez: No? OK. It's a public hearing. Anyone from the public wishing to address this item, please step forward Seeing none and hearing none, the public hearing is closed We need a motion. Vice Chairman Gonzalez: I move. Commissioner Winton: Second. Chairman Sanchez: Motion by Vice Chairman Gonzalez, second by Commissioner Winton. It is open for discussion. Hearing none, Mr. City Attorney. City of Miami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.9 04-00562 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 PROPERTIES LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET A/K/A 55 AND 92 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "OFFICE" TO " RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00562 Fact Sheet.pdf 04-00562 Analysis.PDF 04-00562 Land Use Map.pdf 04-00562 & 04-00562a Aerial Map.pdf 04-00562 School Brd Recomm.PDF 04-00562 PAB Reso.PDF 04-00562 Application & Supp Docs.PDF 04-00562 Legislation.PDF 04-00562 & 04-00562a Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Office" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. City of Miami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 5-0. See companion File ID 04-00562a and 04-00562b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Riverfront West Major Use Special Permit Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Chairman Sanchez: Moving right along, PZ9. It's a ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. PZ.9 and 10 is the companion zoning change. This is in order to amend the designation for the properties at 90 Southwest 3rd Street, also known as SS and 92 Southwest 3rd Street from office to restricted commercial, and the companion zoning change to SD-6, Central Commercial Residential District. This is the property on the Miami River, just east of the Florida Power & Light property. All of the other remaining properties within this, what we call river quadrant, have already been changed to the 0 -- restricted commercial and SD-6 classification. It's completely consistent with our downtown master plan and the Comprehensive Plan. We recommend approval. It's also been recommended for approval by the Planning Advisory Board and approval by the Zoning Board Chairman Sanchez: Applicant, you're recognized Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo with offices at the Wachovia Center. As Ms. Slazyk has presented to you -- and I -- everything that she has said, I agree with. We come with approval and, hopefully, in December -- in your meeting in December, you will have the second reading of this item, along with the Major Use Special Permit for this site, and you will get a detailed presentation at that time. Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishing to address this Commission pertaining to this item, please step forward Hearing none and seeing none, the public hearing is closed and it's open for a motion. Commissioner Winton: Move it. Chairman Sanchez: There's a -- Vice Chairman Gonzalez: Second Chairman Sanchez: -- motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, Mr. City Attorney, read the ordinance on first meeting. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: OK. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.10 04-00562a ORDINANCE First Reading City of Miami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 36, 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 "0" OFFICE TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET, A/K/A 55 AND 92 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00562a Fact Sheet.pdf 04-00562a Analysis.PDF 04-00562a Zoning Map.pdf 04-00562 & 04-00562a Aerial Map.pdf 04-00562a ZB Reso.PDF 04-00562a Application & Supp Docs.PDF 04-00562a Legislation.PDF 04-00562 & 04-00562a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from 0 Office to SD-6 Central Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 9-0. See companion File ID 04-00562 and 04-00562b. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District for the proposed Riverfront West Major Use Special Permit Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Chairman Sanchez: PZ10 is a ordinance also on first reading. I believe it's a companion. City of Miami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: Yes. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is a companion, yes. Chairman Sanchez: OK. Commissioner Winton: Move it. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second. OK. It's a public hearing. Anyone from the public wishing to be heard, please step forward to be heard. Hearing none, seeing none, the public hearing is closed We don't want to deny anybody the opportunity for a public forum in front of this Commission. There's a motion and a second No further discussion on the item. Mr. City Attorney, read the ordinance. Chairman Sanchez: All right. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.11 04-00897 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 PROPERTIES LOCATED AT APPROXIMATELY 3685 AND 3695 SOUTHWEST 23RD STREET AND 3672 AND 3688 SOUTHWEST 22ND 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. 04-00897 SR Fact Sheet.pdf 04-00897 Analysis.PDF 04-00897 Land Use Map.pdf 04-00897 Aerial Map.pdf 04-00897 PAB Reso.PDF 04-00897 Application & Supp Docs.PDF 04-00897 Legislation.PDF 04-00897 FR Fact Sheet.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 3685 and 3695 SW 23rd Street and 3672 and 3688 SW 22nd Terrace City of Miami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 APPLICANT(S): Morris Investments Partnership APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 21, 2004 by a vote of 6-0. See companion File ID 04-00897a. PURPOSE: This will change the above properties to Restricted Commercial Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Regalado Absent: 1 - Commissioner Gonzalez Direction to the Administration by Commissioner Regalado to contact Miami -Dade County to study and resolve bottlenecks occurring at the traffic light on Coral Way and 22nd Terrace. Chairman Sanchez: OK, moving right along. PZ 11 is a ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. PZ 11 and 12 is actually the companion item for the zoning change. This is for the properties at 3685, 3695 Southwest 23rd Street and 3672, 3688 Southwest 22nd Terrace. The change in land use is from duplex residential to restricted commercial. This is the Rex Art property; you may know it as that. The recommendation for the Planning & Zoning Department is for denial. Although, the Planning Advisory Board recommended approval, and same with the zoning change. The zoning change, in particular, includes a request for the SD-19 overlay to increase the FAR (floor area ratio) to 2.4. This has been done on other parts of 37th Avenue, and the concern here is that if this had come -- the zoning and land use change had come in with a project through the Major Use Special Permit process and we could actually see the project, condition the project and -- through covenants, then we would have less objections to it, but because it's coming by itself it may represent commercial intrusion into a neighborhood, and with a very high FAR, there are some concerns, so our recommendation was for denial. Chairman Sanchez: Madam Applicant, state your name for the record and you're recognized. Vicky Garcia -Toledo: Vicky Garcia -Toledo with offices at the Wachovia Center. As Ms. Slazyk has pointed out to you, this is a property that is being brought forward by Fairfield Residential. They're the largest residential builders in the United States. This project calls for a zoning change and a land use change, and an SD-19 overlay. Let me first speak to the issue of the covenant. We have proposed a covenant to run with the land. Ms. Slazyk is correct. This project is below the thresholds for a MUSP. It's only 156 units; therefore, a MUSP is not required Their concerned in approving a land use change without tying it to a project is that there is a variety of things that we could build on this site, so we are voluntarily proffering a covenant that will say that we will only build on this site this project. By the way, we have submitted the project to stafffor their design review, and they have approved the project as designed. They just don't have a legal vehicle to tie the zoning change to the particular project, so what we have done is that we are voluntarily tying ourselves. We are doing what staff has no legal vehicle to do, which we do, and that's voluntarily proffering that we will build only the project that has been reviewed and approved by your staff Basically, what is occurring here is, this is the site of Rex Art. As you know, Rex Art is a long-standing commercial building and use on 37th Avenue. 37th Avenue, Douglas Road, is a major arterial roadway and, for that purpose, City of Miami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 the City of Miami created, in the 1980s, the SD-19 overlay. That is an overlay that allows that, in some corridors where it is appropriate, there may be an increase in FAR, and that's exactly what we're requesting here. This has been done in two or three previous projects within a block from this site and two blocks. The reason in the argument that the City of Miami adopted for creating this SD-19 overlay is that they wanted -- in major arterial roadways where there is no single-family or duplex, or residential house -type quality -- to have higher density. It also is tied into the fact of mass transit, and it is the idea of bringing individuals closer in on those streets that have a mass transit station. As you know, down the street on 37th Avenue, there is a mass transit station. That is the reason why this city and this Commission has, in the past, approved two projects with a higher increased FAR. Commissioner Winton: Where is the mass transit station down the street? Ms. Garcia -Toledo: It's right on this side of US -I. Commissioner Winton: Well, how far is that from this site? Ms. Garcia -Toledo: About -- Commissioner Regalado: Seven blocks, eight blocks. Ms. Garcia -Toledo: Ten blocks. Commissioner Regalado: Eight blocks. Ms. Garcia -Toledo: It's about eight blocks. Commissioner Regalado: More or less, eight, nine blocks. Ms. Garcia -Toledo: And -- Commissioner Regalado: Ten or eight. Ms. Garcia -Toledo: And the project has been -- Commissioner Winton: I (INAUDIBLE). Commissioner Regalado: Yeah? Ms. Garcia -Toledo: Also, the site -- the -- another issue that we have undertaken here is that we've been very careful because this is a kind of transition situation. The commercial -- there is already commercial on this site, and that is where we're putting the residential tower that you see here, and that is looking at -- this is the boundary street between Coral Gables and the City of Miami, so the commercial tower is being put all the way towards the front on 37th Avenue. The rear properties, which have been for over 50 years used as open surface parking lot, have been cladded with the liner units at the same height -- two-story height, which is what is permitted in the duplex zoned classification. Commissioner Winton: Do you have a rendering of those? Ms. Garcia -Toledo: This is what you're seeing towards the back. Commissioner Winton: Oh, those are the liners in the back. Ms. Garcia -Toledo: Those are the liners and they are two-story town homes. Not only have we City of Miami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 done the liner on 22nd Terrace and 23rd Street, but we've also separated ourselves from the residential in the back and created a corridor of townhouses. Commissioner Regalado: Well, now, all these properties that we have before is commercial now. Ms. Slazyk: The frontage on 37th Avenue is, but they need a few more lots depth. That's why they're -- Commissioner Regalado: I understand but -- Ms. Slazyk: -- seeking the zoning change. Commissioner Regalado: -- those duplex, or this area is being used as parking for Rex Art. Ms. Slazyk: Correct. It is surface parking today. Commissioner Regalado: It's being used for 30, 35 years, so -- Ms. Slazyk: Yes, you're correct. Commissioner Regalado: -- all the way. Ms. Garcia -Toledo: And so, what we have done is that we have created the town homes not only on 23rd and 22nd, but also internally, at the rear of the parking garage, so this parking garage is totally internal. It's totally cladded on all four sides. Also, if you will recall, 22nd Terrace here is the back of house for Blockbuster and some of the other businesses on Coral Way and, across 23rd Street, we have a block long transformer station from FP&L (Florida Power & Light). Commissioner Winton: That's right. Ms. Garcia -Toledo: So we have really not created any problem for any of the area homes, and the design -- it took eight months of design work between the firm of Wolfberg, Alvarez and your City staff to make sure that this met all of the requirements to maintain the integrity of the neighborhood This comes to you with approval -- unanimous approval, I'm glad to say, from your Zoning Board and your Planning Advisory Board, and we would request your approval on first reading and, if you have any questions, the architect's here. Chairman Sanchez: All right. This is an ordinance on first reading that requires a public hearing. Anyone from the public wishing to address this issue, please step forward and be heard. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Sanchez: Yes, sir. Mr. Maxwell: Just for the -- I'd like to remind the Commission that even though the applicant has indicated that they are willing to proffer a covenant on the property, the question -- the application before you today is for a land use change, and it is for a change from duplex residential to restricted commercial, with an accompanying zoning change, and that is what you are to consider today and apply the criteria for that. When the applicant comes back, if a Major Use Special Permit or some other permit is required for that particular project -- Ms. Garcia -Toledo: There is none. City of Miami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Maxwell: -- you will be -- Ms. Slazyk: There was no MUSP. Mr. Maxwell: OK, so what you are considering today is whether or not the applicant's request for that zoning and land use change is appropriate for that property. Chairman Sanchez: All right. The public hearing is closed. It is open for the Commission. We need a motion -- Commissioner Regalado: I -- Chairman Sanchez: -- and second for discussion. Commissioner Regalado: 1 move to approve, but I have a comment. Chairman Sanchez: There's a motion. Is there a second? Commissioner Winton: I'll second. Chairman Sanchez: There is a second. It is open for discussion. Commissioner Regalado: My comment: Many, many months ago, I remember that even before starting the process, you brought this company to us because we were talking about Rex Art and all the site and Blockbuster and Sears, and all that. My only concern at that time -- it wasn't the building. In fact, the townhouses are welcome because everything on 22nd Terrace is really walls of business from Coral Way, but my only concern was, can we talk to the County about the traffic lights on Coral Way and 37th and Coral Way and 22nd Terrace because what you got there is a bottleneck -- Commissioner Winton: Yeah, a mess. Commissioner Regalado: -- every -- Commissioner Winton: Yep. Commissioner Regalado: -- every moment of the day. I don't know what's going on with those traffic lights, but people block the street. Commissioner Winton: A mess. Commissioner Regalado: 22nd Terrace is always blocked, 20 -- 37th is always blocked. It's got to be the traffic lights, somehow, because people are trying to go left to take 37th -- Ms. Garcia -Toledo: Correct. Commissioner Regalado: -- north, and then try to turn on Coral Way. It's -- and you said that you would eventually talk to the County. Have you done that about this? Ms. Garcia -Toledo: No, we have not, but we will, prior to second reading, and we will follow up. Commissioner Regalado: OK. City of Miami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: All right. Commissioner Winton. Commissioner Winton: My only comment, again, is more a policy issue. Fairfield Capital is a fabulous developer with a terrific reputation around the country, so 1 don't think we could get somebody better at the table, but this whole idea of -- this whole issue on increased density -- and you and I have talked about it in the past -- the reason -- you know, we've got areas where people have development rights and win some of these battles about whether we're down zoning or not down zoning; we're trying to keep a lid on things, and one of the ways you solve that problem is through transfer of -- Ms. Slazyk: Um-hmm. Commissioner Winton: -- development rights, and the challenge that we've come up with in the City so far is that there isn't any place to transfer them to because we've got all this super dense zoning already in place, so there isn't some place to move it to, yet, we've still got these processes on our books that allows for increased density on this site that, as far as I'm concerned, doesn't need increased density. Ms. Slazyk: Yeah -- Commissioner Winton: And so, you know -- Ms. Slazyk: Yeah. I wanted to make one clarification on the record when Ms. Garcia -Toledo was speaking. SD-19 is a tool not just to increase FAR; it's also a tool that we use to decrease FAR in other areas of the city where we deem less density, or less intensity should be permitted, and there are some parts of Coconut Grove that have SD-19 that limits the FAR down to 0.4. The only places we've used it in the City to increase FAR is on Claughton Island, some portions of Biscayne Boulevard that don't have SD (special district) zoning and 37th Avenue -- Commissioner Winton: So how does this increase zoning then? Ms. Garcia -Toledo: And the Civic Center. Ms. Slazyk: What this one -- and the Civic Center -- Ms. Garcia -Toledo: Civic Center. Ms. Slazyk: -- are the only places we've used to increase it because those are areas where we wanted to possibly promote higher density for other purposes because those corridors can handle it, but the majority of the uses throughout the City have actually been to decrease FAR. Commissioner Winton: But how does this increase it then? I don't get it. Ms. Slazyk: What this does is, it increases their FAR, not the number of units per acre, so they're still limited to the same 150 units per acre, but this is an increase in FAR, which allows them to actually build bigger units, but it's not going to increase the number of units per acre that they're requesting; that's not allowed It's just more FAR so they could do bigger units and get closer to the 150 that they're allowed Commissioner Winton: How many units? Ms. Garcia -Toledo: 150 -- Unidentified Speaker: 156. City of Miami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Garcia -Toledo: -- 156. Ms. Slazyk: So they're under -- Ms. Garcia -Toledo: We have -- Ms. Slazyk: -- Major Use threshold. Commissioner Regalado: And -- Ms. Slazyk: The FAR is being used to increase the unit size. Commissioner Regalado: And parking. Ms. Garcia -Toledo: And parking. We have -- Commissioner Regalado: For parking, how many spaces are we talking about? Ms. Garcia -Toledo: 244. 244. We're above required parking, slightly above. Commissioner Regalado: Because, you know, it's very difficult to park on 22nd Terrace, almost, I mean, impossible. Ms. Slazyk: Um-hmm. Ms. Garcia -Toledo: Absolutely. Commissioner Regalado: There is no way to do it. Ms. Garcia -Toledo: This building will be self-contained. We've also very carefully put the entrance and the exit on 23rd, across from the transformer station, to minimize the traffic, certainly to 22nd Terrace, which does have its own problem, and 1 tend to agree with you -- using that corner often -- that the timing of the light at 22nd Terrace and the one at Coral Way are not working in unison, so it creates a back up, but we've put all of our entrance and exit access points on 23rd Chairman Sanchez: All right. Any further debate? I just have a question on this. By us approving the SD-19, would they change the design of the building -- Ms. Slazyk: What they're -- Chairman Sanchez: -- if they decide to intensify their -- and maximize their -- Commissioner Winton: That's a great point. Ms. Slazyk: That was the concern and why our recommendation of denial. Let's say that on PZ 12, the zoning -- companion zoning change, if you weren't to accept their voluntarily -- Chairman Sanchez: And that's my concern. Ms. Slazyk: Yeah, they're voluntarily proffering a covenant to tie themselves to this project. Chairman Sanchez: OK. Ms. Slazyk: If they didn't, we'd have a concern with a C-1 property here with 2.4 FAR and no City of Miami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 special permit requirements because there's no special district on 37th Avenue, so that was our concern. It's like really giving a big blank check over there. Commissioner Winton: But with the covenant, you're all right? Ms. Slazyk: But with the covenant -- Chairman Sanchez: Right. Ms. Slazyk: -- yeah. They did work very hard with us for many months on this design. 1 think you went through design review four or five times in getting conditions about keeping the height low against the neighborhood, about cladding their garage, but there was no way to tie them to this, and they could flip it tomorrow, and there's nothing we could do, so on PZ 12 is where you would accept that covenant. Chairman Sanchez: All right. There's a motion and a second. No further debate. Mr. Maxwell: Again, just for the record -- Mr. Chairman, 1 apologize. Chairman Sanchez: Mr. Attorney -- Mr. Maxwell: Just for the record -- Chairman Sanchez: -- you could always interrupt me. Mr. Maxwell: -- your decision is not based on the proffer of the covenant. Chairman Sanchez: Absolutely not. Mr. Maxwell: It's based on whether or not the requested -- in this case -- I spoke about the comp. plan before, but the zoning change, too, is appropriate with that overlay district and with that designation. Chairman Sanchez: Point well taken into advice, Mr. City Attorney. Commissioner Winton: Could 1 ask another question then, a technical question? What happens if the covenant isn't forthcoming, or the covenant doesn't meet our needs and we reject the covenant; what happens then? Ms. Slazyk: If -- on second reading, you can deny this application. Chairman Sanchez: Deny. Commissioner Winton: Oh, OK, and what does that -- oh, OK. Got it. Ms. Garcia -Toledo: And we -- but we have our -- Commissioner Winton: It has to come before a second reading. Ms. Slazyk: Correct. Ms. Garcia -Toledo: Right. This is first reading, and we have submitted the covenant, prior to starting the public hearing process, to City Attorney's Office. Commissioner Winton: I just lost myself there. I forgot about second reading. City of Miami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: All right. There is a motion. The motion was made by Commissioner Regalado, second by Commissioner Winton, if I'm not mistaken. Commissioner Winton: Yes. Chairman Sanchez: There is no further debate. The public hearing was opened and closed, and Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. PZ.12 04-00897a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 " TWO-FAMILY RESIDENTIAL AND "C-1" RESTRICTED COMMERCIAL TO " C-1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT OF 2.4 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 AND 2295 SOUTHWEST 37TH AVENUE, 3685 AND 3695 SOUTHWEST 23RD STREET, AND 3672 AND 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00897a SR Fact Sheet.pdf 04-00897a Analysis.PDF 04-00897a Zoning Map.pdf 04-00897a Aerial Map.pdf 04-00897a ZB Reso.PDF 04-00897a Application & Supp Docs.PDF 04-00897a Legislation.PDF 04-00897a Exhibit A.PDF 04-00897a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential and C-1 Restricted Commercial to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.4 to Change the Zoning Atlas LOCATION: Approximately 2255, 2263 and 2295 SW 37th Avenue; 3685 and 3695 SW 23rd Street and 3672 and 3688 SW 22nd Terrace City of Miami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 APPLICANT(S): Morris Investment Partnership APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 26, 2004 by a vote of 6-3. See companion File ID 04-00897. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.4. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Regalado Absent: 1 - Commissioner Gonzalez Chairman Sanchez: All right. PZ 12 is an ordinance on first reading. This is a companion from Item PZ 11, if I'm not mistaken. Commissioner Winton: Move it. Commissioner Regalado: Second. Chairman Sanchez: Madam -- City -- Lourdes Slazyk (Assistant Director, Planning & Zoning): And this is the one where we are accepting the voluntarily proffered covenant. Chairman Sanchez: All right. Commissioner Regalado: OK. What is the covenant? Vicky Garcia -Toledo: The covenant is that we will abide and develop on this site only the project as per plans on file that have been approved by the Internal Design Review Board. Chairman Sanchez: OK. Commissioner Regalado: Commissioner Winton is not going to drive by and see a tower sticking somewhere, so it's the same. Ms. Garcia -Toledo: Not with this developer, sir. Commissioner Regalado: OK. Ms. Garcia -Toledo: Not with this developer. Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Hearing none and seeing none, the public hearing is closed. There is a motion and a second Any further discussion? Hearing none, Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. City of Miami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: All right. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. PZ.13 04-00725 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 ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, IN ORDER TO MODIFY PERMISSIBLE USES IN THE R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING CLASSIFICATION TO ALLOW PUBLIC UTILITIES AS A CONDITIONAL USE, PROVIDING FOR CRITERIA, SCREENING REQUIREMENTS AND LIMITATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00725 SR Fact Sheet.pdf 04-00725 PAB Reso.PDF 04-00725 Legislation.PDF 04-00725 FR Fact Sheet.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 June 16, 2004 by a vote of 6-0. PURPOSE: This will allow public utilities as a conditional use in R-4 Multifamily High -Density Residential. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Regalado Noes: 1 - Commissioner Gonzalez Direction to the Administration by Commissioner Regalado to check to see if public safety properties, such as fire and/or police stations, are considered as public utilities for purposes of permissible uses in the R-4 multifamily high -density residential zoning classification as a conditional use. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and passed unanimously, directing the City Manager to meet with Commissioner Gonzalez and representatives of utility companies to study existing problem with certain utility boxes which are unsightly and to bring back within 90 to 120 days, proposed legislation to correct this problem. City of Miami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Moving right along, PZ. 13 is an ordinance on first reading. Vicky Garcia -Toledo: Thank you. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.13 is a request to -- Chairman Sanchez: Thank you so much. Ms. Slazyk: -- it's a text amendment in order to amend the permissible uses in the R-4 multifamily high density residential district to allow public utilities, by special exception, providing that they have to have screening requirements and other limitations. This amendment is in order to modify the list of uses in R-4 to allow for necessary utility expansions to meet the needs of the increased development in some of these areas. This is required in order to properly service the approved projects within the city. There is a special exception requirement and criteria for screening, so we're not going to get -- Commissioner Winton: Hallelujah. Ms. Slazyk: -- exposed utilities, but it is necessary. It's been recommended for approval unanimously by the PAB (Planning Advisory Board) -- Commissioner Regalado: Mr. Chairman. Ms. Slazyk: -- and here before you today. Chairman Sanchez: It's a public -- Commissioner Winton: So move. Chairman Sanchez: Before we open it for debate or a motion, it is a public hearing. Anyone from the public wishing to address this item, please step forward Hearing none and seeing none, the public hearing is closed. Commissioner Regalado, you're recognized. Commissioner Regalado: What is a public utility? Commissioner Winton: What's a what? Ms. Slazyk: This would allow -- Commissioner Regalado: Public utilities. Ms. Slazyk: -- for FPL (Florida Power & Light), primarily, is where the request came to us. Commissioner Regalado: OK. Commissioner Winton: Substations. Commissioner Regalado: Because -- yeah, substation -- because we did some change of zoning on 16th Terrace for FPL. We approved that, remember? They were trying to -- they're extending the substation on Southwest 27th Avenue and 16th Terrace, and we approved part of the -- Ms. Slazyk: Yeah. That was a commercial -- Commissioner Regalado: -- Legion -- American Legion for a substation. City of Miami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Slazyk: Yeah. That went to a commercial classification. This is going to now allow it in R-4. We have R-4 areas of the City, and the one in particular that prompted this change is the West Brickell area. That's an area where we are not going to zone to commercial, but they have a necessity now for some utility expansion there. Rather than bringing commercial zoning into the neighborhood, this would allow the use conditionally in R-4, with the criteria that they have to screen it with something, so -- Commissioner Regalado: Let -- Commissioner Winton: And who decides on the screening? Ms. Slazyk: The screening -- let me tell -- Commissioner Regalado: 1 was going to ask that. Ms. Slazyk: The way we wrote it in the ordinance, it says -- Chairman Sanchez: That's part of the covenant, correct? Ms. Slazyk: -- "they shall be required to be lined with active uses, including uses permitted within the district and other accessory commercial display gallery and/or service uses to screen the public utility," so it's got to be an active use, not just landscaping. It's got to be something that there is a -- an -- in R-4, we allow accessory retail and service uses because it's a high density district. They have to put a real use there, not just a bunch of trees -- Commissioner Winton: Or a wall. Ms. Slazyk: -- or a gallery of some kind, but something that is going to be something better -- Commissioner Winton: Wall. Ms. Slazyk: -- to look at than a blank wall. Commissioner Winton: Wall, OK. Ms. Slazyk: And it requires a special exception. Commissioner Winton: Great. Chairman Sanchez: Any further discussion? If none, we need a motion. Commissioner Regalado: I just have another question. Chairman Sanchez: Have we made a motion and a second on this? Commissioner Winton: I -- well, you didn't accept. So move. Commissioner Regalado: He did -- I did and I -- Chairman Sanchez: There's a motion by Commissioner Winton. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. 1t is -- City of Miami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: For discussion. Chairman Sanchez: -- for discussion now. Commissioner Regalado: Let me ask you: Can public safety be considered within this framework in this ordinance? Commissioner Winton: What does that mean? Commissioner Regalado: Fire station, police station, substation, fire station. Commissioner Winton: As part of the liner? Commissioner Regalado: Is it -- Ms. Slazyk: Other accessory commercial -- I think what -- that would probably be a question for the Zoning Administrator to take a look at what the other customary accessory uses are in R-4. If the use is normally allowed in R-4 as an accessory use, the answer would be yes, and / don't think fire stations are in R-4. 1 think they start in C-1, so 1 believe the answer for a fire station would be no, but I would rather confer with Zoning before -- because R-4 -- Commissioner Regalado: Does public -- Ms. Slazyk: -- doesn't normally allow them. Commissioner Regalado: Public utilities is similar to public safety. Commissioner Winton: Well, we could always -- Commissioner Regalado: No. I mean -- Commissioner Winton: -- create an exception. Commissioner Regalado: I mean -- and the reason I'm asking is because -- Commissioner Winton: Good question. Commissioner Regalado: -- of the debate we had the other day -- Ms. Slazyk: Yeah. Commissioner Regalado: -- with a piece of property that wasn't zoned or was zoned, and some of the properties that are being looked at by the Fire Department, so it's a question that we should -- Ms. Slazyk: Yeah, we can look into it and come back on second reading and see but, typically, what we're going to go to is the other uses that are normally allowed in R-4, and I believe fire station is not one of those, but we'll look into it and let you know at second reading. Commissioner Regalado: He's there. Ms. Slazyk: Zoning. Did you look at -- Chairman Sanchez: Any further discussion on this? Yes, sir. Commission -- Vice Chairman City of Miami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Gonzalez, you're recognized. Vice Chairman Gonzalez: Yeah. When you say public utilities -- this is to allow public utilities to go into these areas? Ms. Slazyk: 1t would allow them, by special exception, in R-4 with the criteria that they have to be lined Commissioner Winton: Angel, your mike's not on. Mike. Vice Chairman Gonzalez: Will this allow Florida Power & Light substations, transformers and all that? Commissioner Winton: Yes, yes. Ms. Slazyk: Yes, it would allow that, but they have to be screened. Commissioner Regalado: How about cellular towers? Ms. Slazyk: That's -- yeah -- that's governed by a different ordinance right now. We adopted -- if you may -- Commissioner Regalado: But it's a public utility. Ms. Slazyk: They have different -- Commissioner Regalado: Phone is a public utility. Ms. Slazyk: -- criteria for having to be on roofs or -- there's other criteria for that that's not part of this. Commissioner Regalado: Yeah, but remember, any public utility is governed by the Public Service Commission, and that's phone, electricity -- Ms. Slazyk: Right, except that our ordinance has a whole separate section to deal with them, so they're not technically covered under this because they are specifically defined and regulated by another section of the Code, so this would be phone, gas company and FP&L, primarily, water. Commissioner Regalado: How about the fire question? The -- Javier Carbonell: No. Fire station is not a utility. Commissioner Regalado: Not police? Mr. Carbonell: Not -- they're not a utility. Commissioner Regalado: OK. Priscilla A. Thompson (City Clerk): Can 1 get name and -- Chairman Sanchez: Yes, sir. Sir, could you -- Ms. Thompson: -- department for the record, please? Chairman Sanchez: -- please state your name -- City of Miami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Carbonell: Javier Carbonell. Chairman Sanchez: -- name for the -- Thank you, Javier. Any other debates? Let me -- as the Chair being last, I think that as the City continues to grow and we see the growth in the City, the demand for service is going to be there. It's just a matter of these companies expanding and, you know, expanding to provide the service and, basically, what we do here that I'm glad to see is that we're having them do liners and try to do it so anyone looking from the outside looking in, it doesn't look like -- Ms. Slazyk: You can't tell if it's -- Chairman Sanchez: -- some of the other facilities in the past that you have the chain -linked fence and you see through, and you -- and, really, 1 mean, it does a -- Commissioner Winton: Awful. Chairman Sanchez: -- horrible injustice to the residents and, based on this, they're going to be there. Let's make sure that, at least from the in -- from the outside looking in, you don't see them, and we do everything -- Commissioner Winton: Great. Chairman Sanchez: -- we can to protect the neighborhoods. / think it's a step in the right direction because -- Vice Chairman Gonzalez: You know -- Chairman Sanchez: -- the service -- the need for the service is just going to be there as we grow. Yes, sir. Vice Chairman Gonzalez: The -- I have a problem with this and I'm going to vote no on this because, you know, right in Grapeland right now, Mass Tech is installing these huge boxes, telephone boxes, all over the neighborhood, and they don't do any landscaping and they don't protect -- they don't cover them so that you cannot see them. They're installing them. I know the homeowners are the ones that are responsible on some of these houses because they've been allowing for exchange of money it has to be because 1-- you know, if Southern Bell comes to my house and tells me that they want to install one of these huge boxes in my yard, I'd tell them -- you know what I'd tell them, OK, so -- but these homeowners -- some of these homeowners are allowing these, but also, they're installing them in private properties, and they're installing them on the swale areas -- Commissioner Winton: Yeah. Vice Chairman Gonzalez: -- and Grapeland is starting to look like a massive -- Commissioner Winton: Box. Vice Chairman Gonzalez: -- work yard for Southern Bell so, you know -- and we, the City, Zoning and Building, and the administration and Planning, and nobody have --1 haven't seen anybody do anything to prevent this. Even though my office has been complaining about this matter -- I have been sending e-mails, what are we going to do about this? We need to do something. We need to have a meeting with Southern Bell. We need to have a meeting with Mass Tech. Well, you know what? Silence, and you know why I'm concerned about this? This resolution -- this will -- probably every single future facility is going to be in Allapattah. City of Miami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: No. Actually, this one's for one in -- Vice Chairman Gonzalez: So, you know. Commissioner Winton: -- West Brickell is what this is really all about. Vice Chairman Gonzalez: Oh. Chairman Sanchez: All right. On the issue, just a point of clarification. Isn't there -- with Bellsouth and all these companies, that they must landscape those? I know they've done it. Mr. Carbonell: There is no requirement right now. Chairman Sanchez: There isn't? Well, that's -- I think the -- Commissioner Winton: Well, we need to -- Commissioner Regalado: But wait, wait, wait. Chairman Sanchez: -- Commissioner needs to be addressed. Mr. Carbonell: That's what they're trying to do. Commissioner Regalado: Wait -- Mr. Chairman. Commissioner Winton: We need to fix that. Commissioner Regalado: Mr. Chairman, when Comcast started digging throughout the City -- Commissioner Winton: Right. Commissioner Regalado: -- and placing those green boxes -- Chairman Sanchez: They landscaped. They -- Commissioner Regalado: -- they were forced -- Chairman Sanchez: Forced to landscaped Commissioner Regalado: -- by the City -- Mr. Carbonell: They have a contract with us. Commissioner Regalado: -- to landscape around those boxes. Mr. Carbonell: Right. They have a contract with us, I believe, though. Commissioner Winton: But why can't we do that with Southern Bell? Chairman Sanchez: And the other companies that -- Commissioner Regalado: And we had to permitted them. I mean, somebody's issuing a permit to dig in front of Angel's house. I mean -- City of Miami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Vice Chairman Gonzalez: Right, and you know what? 1 was doing some inquiries, and 1 understand that, in R-1, those type of boxes are not allowed, are not permitted in R-1 zoning, and Grapeland is an R-1, most of Grapeland Heights is an R-1, so 1 don't know what's going on. Commissioner Winton: Well, maybe what we should do is direct the Manager to bring back to us -- one, we ought to direct the Manager to meet with you to understand clearly what the issue is and then, secondly, the second action step is to bring back legislation that is going to -- I don't know what the solution to the problem is. I don't know if it's a different sized box. I don't know if it's landscaping, whatever it is, but our direction ought to be to direct the Manager to meet with you, meet with Southern Bell, understand the issue and bring back a solution that meets our community's need. Vice Chairman Gonzalez: Right. Commissioner Winton: And that -- Vice Chairman Gonzalez: Johnny, these boxes -- so you have an idea -- they're about six feet tall, about eight feet wide -- Commissioner Winton: You're kidding me. Vice Chairman Gonzalez:: No. Commissioner Winton: No. I had no idea. Vice Chairman Gonzalez: They're monstrous. Commissioner Winton: You're right. Vice Chairman Gonzalez: I mean, monstrous, you know. Commissioner Winton: That's outrageous. Chairman Sanchez: All right. Let's -- to keep the order of the day, let's vote on PZ 13, and then we could bring up -- Commissioner Winton: And then we'll bring the resolution. Chairman Sanchez: -- your -- Commissioner Winton: OK. Chairman Sanchez: -- motion -- Commissioner Winton: Great. Chairman Sanchez: -- directing the administration to address the issue, so let's - there is a motion -- Madam Clerk, there is a motion and a second on PZ 13? Ms. Thompson: That's correct. Chairman Sanchez: OK. It is an ordinance on first meeting; it'll come back to us for second reading. Mr. City Attorney, please ready PZ 13 for the record. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. Vice Chairman Gonzalez? Vice Chairman Gonzalez: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 3/1. Commissioner Winton: And the only reason I'm voting for it is because of the whole liner issue that I -- that makes me a lot more comfortable. Chairman Sanchez: Well, Commissioner Winton, would you like -- Commissioner Winton: Yes. Chairman Sanchez: -- to make your motion now? Commissioner Winton: I'd like to introduce a motion that directs the City Manager to meet with Commissioner Gonzalez, meet with Bellsouth and anyone else, any related parties to, one, understand what the issue is relative to the installation of these huge boxes, particularly, in Commissioner Gonzalez's district, but if they're going to put them in his, they'll put them in someone else's, and -- Commissioner Regalado: They're installing to everybody. Commissioner Winton: -- to understand the problem and bring back, within 90 to 120 days, an ordinance to correct the deficiency in our books related to how these things get installed. That's my motion. Chairman Sanchez: There's a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- on the table. Is there a second? Second -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by -- motion's made by Commissioner Winton, second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. PZ.14 04-00898 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 ARTICLE 9, SECTION 917, TO PROVIDE FOR A NEW SECTION 917.15, "SPECIAL PARKING REQUIREMENTS FOR HISTORIC PROPERTIES;" CONTAINING A REPEALER PROVISION AND A SEVERABLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00898 SR Fact Sheet.pdf 04-00898 PAB Reso.PDF 04-00898 Legislation.PDF 04-00898 FR Fact Sheet.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 July 21, 2004 by a vote of 7-0. PURPOSE: This will provide for a new section entitled, "Special Parking Requirements for Historic Properties." Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 1 - Commissioner Winton Chairman Sanchez: We move on to PZ.14. It's an ordinance on first reading. Sarah Eaton: PZ (Planning & Zoning) -- Sarah Eaton, Planning & Zoning Department. PZ 14 would give the Historic and Environmental Preservation Board the ability to modify certain off- street parking requirements -- excuse me -- as it relates to location or size. As you're aware, in certain historic sites and historic districts, there are many limitations that make complying with the requirements of the zoning ordinance on off-street parking very difficult, and this would get the Historic and Environmental Preservation Board the ability to resolve that. Chairman Sanchez: OK. Is there a motion? Commissioner Winton: Move it. Chairman Sanchez: OK. I'm sorry. It's a -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- public hearing. It's a public hearing. Anyone from the public wishing to address this Commission, please step forward and be heard. Seeing none and hearing none, the City of Miami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 public hearing is closed. There is a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is open for discussion. Commissioner Regalado: Question. Chairman Sanchez: There's a question being brought forth. Commissioner Regalado, you're recognized. Commissioner Regalado: Could you explain the parking requirements for historic? Ms. Eaton: Well, the requirements for parking, as far as number, would not change. This would just give the board the ability to modify the location or size requirements. Commissioner Regalado: What does that mean? Ms. Eaton: Well, what prompted the ordinance -- we worked very closely with the Bayside Residents Association to modify parking guidelines for that historic district to allow additional parking spaces in front yards. Once we adopted the new guidelines, several property owners came in to take advantage of those guidelines, to add additional off-street parking spaces in their front yards. One owner came in on Northeast 72nd Street and, because of right-of-way dedications, the owner not only was not able to improve the appearance of his existing off-street parking place, he could not provide a second space because there was not enough depth without sticking it out into the dedicated right-of-way, so this would give the board the ability to allow the parking spaces in the front yard. Chairman Sanchez: So, in other words, it relaxes the parking requirements for historical sites? Ms. Eaton: Not the number of spaces, but the size or location. Chairman Sanchez: OK. Any further questions from the Commission or debate on the item? Hearing none, there is -- Who made the motion? Commissioner Regalado: Johnny. Priscilla A. Thompson (City Clerk): Commissioner Winton. Vice Chairman Gonzalez: Johnny. Chairman Sanchez: OK. He stepped out -- Commissioner Regalado: I'll second. Chairman Sanchez.- -- for a minute. OK. The motion has been made by Commissioner Winton, second by Regalado. Ms. Thompson: No. I'm sorry, Vice Chairman Gonzalez. Commissioner Regalado: Oh, I'm sorry. Chairman Sanchez: I'm sorry. Vice Chairman Gonzalez: I second Commissioner Regalado: I'm sorry. City of Miami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Let's get it right. Commissioner Winton made the motion. It has been second by Vice Chairman Gonzalez. Ms. Thompson: Correct. Chairman Sanchez: It has been debated and open -- the meeting was open to the public and closed. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. PZ.15 04-00780 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 934.2.1, COMMUNITY BASED RESIDENTIAL FACILITIES, PROCEDURES, TO ALLOW A CHANGE OF OWNERSHIP, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CITY COMMISSION APPROVAL, ZONED "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4491 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 04-00780 Exhibit A.PDF 04-00780 Application & Supp Docs.PDF 04-00780 Fact Sheet.pdf 04-00780 Legislation.PDF 04-00780 Plans.PDF 04-00780 ZB Reso.PDF 04-00780 Analysis.PDF 04-00780 Aerial Map.pdf 04-00780 Zoning Map.pdf REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 4491 SW 8th Street APPLICANT(S): Central Residential, Inc., Owner and Dumes, Inc, Contract Purchaser APPLICANT(S) AGENT: Peter Previti, Esquire City of Miami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 28, 2004 by a vote of 7-0. PURPOSE: This will change the ownership of an existing community -based residential facility. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to CONTINUE item PZ 15 to the Commission Meeting currently scheduled for October 28, 2004. Chairman Sanchez: OK. PZ 15 is the last PZ (Planning & Zoning) item being heard this morning. All the other items, from PZ 16 to PZ.41, have been advertised to be heard at 2: 30 p. m., which we'll be coming back. PZ 15 is a resolution. Lourdes Slazyk (Assistant Director, Planning & Zoning): Mr. Chairman, the applicant for PZ 15 is here and would like to request a continuance. Chairman Sanchez: OK. There is -- do you need a motion for a continuance? Joel Maxwell (Deputy City Attorney): Yes, sir. Vice Chairman Gonzalez: Move it. Chairman Sanchez: Sir, could you state it for the record, you're asking for it, please? Peter Previti: Yes. I'm Peter Previti, on behalf of the applicants. Chairman Sanchez: OK, and you asked for a continuance. Mr. Previti: We're asking for a continuance for a date certain to October 28th. Chairman Sanchez: All right. City -- is it -- we could do it? OK, sir. That -- well, we need a motion to defer to the mentioned date. Is there a motion? Vice Chairman Gonzalez: Motion to defer. Chairman Sanchez: Motion by Vice Chairman Gonzalez. Is there a second? Commissioner Regalado: I'll second, but I really need an explanation. This is in District 4 and -- Chairman Sanchez: There's a second. It is open for discussion. The Commissioner needs an explanation from someone. Commissioner Regalado: What are you trying to do here? Mr. Previti: Essentially, we're trying to clarify an issue that has been raised by the City today, so we can come forth with the application in the final form and -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. You cut off the mike. Chairman Sanchez: Sir, I apologize. City of Miami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Previti: No problem at all. Chairman Sanchez: It's my second day on the job, and there are too many buttons up here. I haven't figured them all out yet. 1 might hit one that ejects you, you know, so I'm staying away from that one. I'm staying away from that. Unidentified Speaker: He's looking for the trapdoor. Chairman Sanchez: 1 apologize. Mr. Previti: Essentially, in order to clarify again, we're seeking an extension -- Chairman Sanchez: Go ahead Mr. Previti: -- in order to clarify an issue that was raised today by the City, in order that we have a properly advertised application and hearing for a final approval. Commissioner Regalado: OK. Chairman Sanchez: All right. All in favor of the deferral, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." We have gone through all 15 -- Mr. Previti: Thank you. Chairman Sanchez: -- PZ items. Commissioner Regalado: 1-- question, question for the administration. Hello. Not everybody. Question for the administration. Now that we're talking about advertising, Mr. City Attorney -- Chairman Sanchez: Leave the same way you came in. Commissioner Regalado: Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Chairman Sanchez: Quietly. Commissioner Regalado: Earlier, there was an item that was deferred from District 4, a change of ownership. That's what was advertised from an ALF (Adult Living Facility) in Southwest 8th Street, and it was deferred at the request of the applicant and the City -- Mr. Fernandez.: Yes. Commissioner Regalado: -- but my understanding is that it didn't say on the public advertising that they also were seeking waiving parking spaces. Mr. Fernandez: And the reason why it was continued was precisely to correct that, so that it can all then be properly advertised Commissioner Regalado: Yeah, yeah, yeah, but imagine if somebody wouldn't have said, " City of Miami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 We've got to continue this. " 1 mean, I didn't know -- nobody from the staff told me that this was an ALF, an ALF who is the source of all -- most of the problems in District 4, and nobody told me that these people weren't applying for a waiving of parking. Come on. Priscilla A. Thompson (City Clerk): Excuse me, sir. Were you talking about this one right here? Commissioner Regalado: Yeah. Item -- what is it? Ms. Thompson: It's PZ 15. Commissioner Regalado: PZ 15. I'm talking to PZ 15. Commissioner Winton: Are you 30 -- PZ.34? Chairman Sanchez: What are you -- Commissioner Regalado: There's no will. I'm just complaining because -- see, the same thing happened just now with the problem with advertising. Chairman Sanchez: And were they -- Mr. Fernandez: No. It's quite different. In the case you're making reference to, the applicant never disclosed it and never revealed it to us, and Lourdes can speak to that on the record. Commissioner Winton: Well, what can we do about it then? Commissioner Regalado: Hey, then you want to reward -- you're going to reward the applicant by letting him come and do whatever he wants? Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. Commissioner Regalado: 1 mean, that's not fair. Ms. Slazyk: The applicant applied only for a change of ownership. They never applied for a parking reduction. The reason they were looking for the continuance now was to sort out the parking issue. With a parking reduction -- Commissioner Regalado: When we -- if we were to have approved the change of ownership, we would also have waived some parking, right? Ms. Slazyk: Not without an application, and they never applied for it. That's why the continuance is so that could be sorted out. 1 think they think they have some rights to some parking, and it needs to go back to Zoning for review. Commissioner Regalado: OK. Chairman Sanchez: All right. PZ.16 04-00896 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 GALLERY ART CONDOMINIUM PROJECT, TO BE LOCATED AT APPROXIMATELY 317-333 NORTHEAST 24TH STREET AND City of Miami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 402 NORTHEAST 25TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 199- FOOT, 17-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF 164 TOTAL MULTIFAMILY RESIDENTIAL UNITS, SEVEN OFFICE LIVE/WORK UNITS, AND 208 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. 04-00896 MUSP Fact Sheet.pdf 04-00896 MUSP Analysis.PDF 04-00896 Zoning Map.pdf 04-00896 Aerial Map.pdf 04-00896 MUSP Design Review Comments.PDF 04-00896 UDRB Reso.PDF 04-00896 School Brd Review.PDF 04-00896 Traffic Impact Analysis.PDF 04-00896 PAB Reso.PDF 04-00896 MUSP Application & Supp Docs.PDF 04-00896 Sp Ex Fact Sheet.PDF 04-00896 Sp Ex Analysis.PDF 04-00896 ZB Reso.PDF 04-00896 Sp Ex Plans.PDF 04-00896 MUSP Plans.PDF 04-00896 Legislation.PDF 04-00896 Exhibit A - Modif.pdf 04-00896 Exhibit B.PDF 04-00896 Exhibit C.PDF 04-00896 Exhibit A.PDF REQUEST: Major Use Special Permit for the Gallery Art Condominium Project LOCATION: Approximately 317-333 NE 24th Street and 402 NE 25th Street APPLICANT(S): Gallery Art Condo, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 21, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception with conditions* on June 28, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Gallery Art Condominium Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado City of Miami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 R-04-0653 Chairman Sanchez: We'll go ahead and start with PZ 16. Lourdes Slazyk: For the record, Lourdes Slazyk, Planning & Zoning Department. PZ.16 is a Major Use Special Permit for the Gallery Art Condominium project. This is located at 317 to 333 Northeast 24th Street and 402 Northeast 25th Street. The project is for a 17-story high mixed use structure to be comprised of 164 residential units, seven office live/work units and 208 parking spaces. The Department has recommended approval with conditions, as in your package, and the Planning Advisory Board also recommended approval with conditions. There is only one condition 1 need to amend on the record. The applicant was still in the process of working with URS, the City's traffic consultants, to resolve some outstanding issues, so Condition Number 12 should be eliminated and replaced with a condition that the applicant just submit a final complete bound traffic report incorporating all the revisions that have been performed to date. Throughout this process, they made some revisions to the report, and we just want a copy of that final report for the file. Other than that, Condition 12, as written, should be eliminated Chairman Sanchez: All right. The Commissioner of the district is not here yet. However, if there is any concern that the staff may want me to pass the item to be heard later on. However, if not, the meeting was scheduled at 2:30 and, you know, from now on, we will start our meeting on time, so if there's any concerns from the Commissioners' staff on the item that they want to postpone it or wait until he's here, if not, we'll go ahead with it. OK. You're the applicant? Gloria Velazquez: Good afternoon. Chairman Sanchez: Please state your name. Ms. Velazquez: My name is Gloria Velazquez with law offices at 1221 Brickell Avenue, representing the applicant. With me today is Harvey Hernandez and Matthew Pellar, who are principals of H&H Development. We have a great team of architects, John Fullerton, and Paola Rengito, and (UNINTELLIGIBLE) Hernandez, who are part of this project. Gallery Art Condo was applied for as a MUSP (Major Use Special Permit). We received recommendation of approval from staff. We received recommendation of approval from the Planning Board. We agree with all the conditions and we urge your approval today. Chairman Sanchez: Is there anyone from the public that wants to be heard on this item? It's a public hearing. Please come forward and state your name to be heard Hearing none, the public hearing is closed. Commissioner Regalado: 16. Johnny, 16. Chairman Sanchez: Commissioner Winton, it's PZ.16. It's your district, the Gallery Art Condominium. Commissioner Regalado: 317 Northeast 24th Terrace. Chairman Sanchez: All right. Commissioner Winton: Where are we? Chairman Sanchez: We need a motion and a second. Commissioner Winton: I'll move it. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman City of Miami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Gonzalez. 1t is open for discussion. Commissioner Winton: And I would only comment again, Lourdes, the same comment I made this morning about architectural quality. I'm going to make sure that what is -- what -- Ms. Slazyk: What they're showing is what you -- yeah. Commissioner Winton: Bingo. Chairman Sanchez: Hearing no further discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes unanimously. We move on to -- Ms. Velazquez: Thank you. Chairman Sanchez. -- PZ 17. PZ.17 04-00522 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED SEPTEMBER 28 , 1992 AND RECORDED IN OFFICIAL RECORDS BOOK 15663, PAGE 0716- 0720, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A", IN ORDER TO AMEND CERTAIN SECTIONS OF THE COVENANT IN THE MANNER DESCRIBED THEREIN. 04-00522 Fact Sheet.pdf 04-00522 Zoning Map.pdf 04-00522 Aerial Map.pdf 04-00522 Applicant Letter & Supp Docs.PDF 04-00522 Legislation.PDF 04-00522 Exhibit A.PDF 04-00522 - submittal.pdf REQUEST: Modification to a Covenant LOCATION: Approximately 2947-2949 SW 22nd Terrace APPLICANT(S): Judy Galindo, Owner APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PURPOSE: This will allow a modification to an existing covenant. City of Miami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 CONTINUED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Winton absent, to CONTINUE item PZ 17 to the Commission Meeting currently scheduled for October 28, 2004. Chairman Sanchez: -- scheduled for 2: 30 that we have PZ (Planning & Zoning) Items 16 and 41. All those that will be testifying on any of the items here today, please stand up and raise your hand and be sworn in by the City Clerk. (Translated comments in Spanish) Oh, we do? I'm sorry. We have somebody that we pay and a better translator than I am. Priscilla A. Thompson (City Clerk): Try it now. Chairman Sanchez: 1 didn't touch it, 1 swear. See if that one works. Ondina Suarez (Official Spanish Interpreter): This doesn't want to work either? Chairman Sanchez: Well, see if that one works. Ms. Suarez: Hello? I thought we hadn't paid the bill. Chairman Sanchez's comments were translated by the Spanish interpreter. Ms. Thompson: Please raise your right hand The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues (said oath was translated into Spanish). Chairman Sanchez: All right. Are there any PZ items that they want to continue? Please step up and state it for the record that you're seeking a continuation. Ben Fernandez: Mr. Chair, members of the board, my name is Ben Fernandez. I'm an attorney with law offices at 200 South Biscayne Boulevard. I'm here on behalf of the applicants for PZ 17, the Latin American Restaurant and Cafeteria. I have been very recently retained on this matter. We have worked out an agreement very quickly, as 1 understand that this Commission instructed the applicants to do with the neighbors. We are in the process of committing that agreement to a modification -- a formal modification to the existing covenant, and there's, I believe, only one property owner that remains opposed to our application. I would request that you continue this to your October 28th Commission meeting to allow us the opportunity to work with that final owner, and to finalize the amended covenant with your legal -- with your City Attorney. Chairman Sanchez: All right. Is there a motion to defer the item? Commissioner Regalado: 1'11 move. Chairman Sanchez: There's a motion. Is there a second? Commissioner Regalado: I'll move. Chairman Sanchez: Second. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right. Hearing none, it passes City of Miami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 unanimously. It'll be deferred Mr. Fernandez: Thank you. Chairman Sanchez: OK. Chairman Sanchez: Yes, Commissioner Regalado, you're recognized Commissioner Regalado: On the deferral of PZ 17, we may have residents here that wishes to speak. We don't know if there are residents here -- Chairman Sanchez: Well -- Commissioner Regalado: -- and they need to be informed. Chairman Sanchez: They need to be informed that the item has been deferred. I mean, unless they want to state something for the record and they got here -- I mean, they could state it, but it's been deferred Ondina Suarez (Official Spanish Interpreter): What's the name on the item, not the number? What's the name on the item? Chairman Sanchez: The name on the item? Ms. Suarez: Most of them don't know the item number. Chairman Sanchez: It's 17; it's a modification of a covenant at 2940 -- Commissioner Regalado: It's the Latin American Restaurant. Comments translated by Spanish interpreter. Chairman Sanchez: And tell them that they'll be properly notified at the next meeting. Commissioner Sanchez's comments translated by Spanish interpreter. Jorge L. Fernandez (City Attorney): Mr. Chairman, it's to a date certain, so we know the date. Chairman Sanchez: October the 21 st will be the date. Lourdes Slazyk (Assistant Director, Planning & Zoning): 28th. Vice Chairman Gonzalez: 28th, 28th. Comments translated by Spanish interpreter. Ms. Thompson: October 28th, 28th. Chairman Sanchez: 28th. Comments translated by Spanish interpreter. Chairman Sanchez: All right, so, counsel, thank you very much. Mr. Fernandez: Thank you. City of Miami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: So we have three items for the 2: 30 p.m. that have been continued or deferred. PZ.18 04-00566 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SIDE YARD SETBACK OF 6.5', WHERE 15'0" IS REQUIRED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3145 DAY AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A." 04-00566 Fact Sheet.pdf 04-00566 Appeal Letters.PDF 04-00566 Analysis.PDF 04-00566 Zoning Map.pdf 04-00566 Aerial Map.pdf 04-00566 ZB Reso.PDF 04-00566 Application & Supp Docs.PDF 04-00566 Legislation A.PDF 04-00566 Exhibit A.PDF 04-00566 Legislation B.PDF 04-00566 Exhibit A.PDF Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0654 Vice Chairman Gonzalez: 18. Priscilla A. Thompson (City Clerk): PZ 18. Lourdes Slazyk (Assistant Director, Planning & Zoning): 18. Chairman Sanchez: I'm sorry. PZ 18. Ms. Slazyk: PZ 18 is an appeal of a variance. The variance was granted by the Zoning Board It is for a setback. The property address is 3145 Day Avenue. The Planning & Zoning Department had recommended approval of the variance, finding that there was hardship. The property is only 75 feet deep, versus the standard 100 feet; that makes the total area of the property about approximately 3,700 square feet, where a standard lot in the City is 5,000. Therefore, we did find sufficient hardship to recommend approval of the variance. The appeal before you today is an adjacent property owner who was appealing it, and we're recommending that you deny the appeal and uphold the Zoning Board granting. Chairman Sanchez: OK. Is there anyone here to speak on this item? Yes, ma'am. State your name for the record. Either way, wherever you're most comfortable. Pia Clemens: My name is Pia Clemens. I'm the owner of property, 3145 Day Avenue. OK. I'm City of Miami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 asking the variance because the property is at the corner of Day Avenue and Gifford Lane. Both are zoned right-of-way and that would use a lot -- use the property for -- of about 900 square feet, and then the City of Miami -- the Department of Public Works has waived the right-of-way indication on Gifford Lane, and the setbacks proposed will not exceed the zoning requirements should the property be allowed to use its title lines. Chairman Sanchez: Ma'am, I'm sorry. Are you for it or against it? Ms. Clemens: For it. I am the owner. Chairman Sanchez: You're the owner. Ms. Clemens: I'm asking for the variance. Chairman Sanchez: I didn't quite understand. Ms. Clemens: OK. I'm sorry. Chairman Sanchez: OK, so -- OK. Is there any opposition on this item from the public? It's a public hearing. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman. This lady is the applicant, but there is also an appeal, so you should now be listening, or hearing, from the appellant -- Chairman Sanchez: Exactly. Mr. Fernandez.: -- from the person that's appealing the decision -- Commissioner Regalado: So where is the -- Mr. Fernandez: -- of the -- Chairman Sanchez: And are they here? Ms. Slazyk: And 1 don't see them. Ms. Clemens: No. They're -- Mr. Fernandez: And the person is not here. Chairman Sanchez: That's exactly who I'm trying to get to, but -- OK. Commissioner Regalado: They're not here. Chairman Sanchez: It's a public hearing. Anyone from the public wishing to step forward? Hearing none, the public hearing is closed. Commissioner Winton: Lourdes -- Chairman Sanchez: Appellant is not here. Commissioner Winton: -- I'm confused. Chairman Sanchez: Commissioner Winton. City of Miami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: What are the -- what is the required setback? Ms. Slazyk: The required setback for the side that she's seeking the variance is 15, because it's considered a street side yard. There's a -- you know how a normal property that's landlocked on both sides has a front setback, a rear and two sides. If you're on a corner lot, the other long side, we consider that a street side, which is normally three-quarters of whatever the front is. In this case, the front is 20, so it's a 15 foot setback requirement. She's asking for a reduction down to six feet five inches of the 15 that's required. Had she been a normal interior lot, only five would have been required, so -- Commissioner Winton: Five? Ms. Slazyk: Yeah. We're comfortable with the -- Commissioner Winton: Five's required on both sides on a normal. Ms. Slazyk: On both sides, and she's got 15 because it's a corner. Chairman Sanchez: And -- Commissioner Winton: And it's -- and what's the dimensions of this site? Ms. Slazyk: The dimensions are -- Commissioner Winton: Seven -- Ms. Slazyk: --1 know it's 75 deep -- hold on. Commissioner Winton: Deep off of Day or deep off of -- Ms. Slazyk: Deep off of -- here we go. Commissioner Winton: Gifford Ms. Slazyk: Deep off of Day and less off of Gifford. Commissioner Winton: OK. Ms. Slazyk: And a normal -- Commissioner Winton: Oh, it's very small. Ms. Slazyk: -- a standard lot in the City is 51 by 100 deep, so it is definitely an undersized property. Chairman Sanchez: And it's a recommendation to approve the variance and deny the appeal, correct? Ms. Slazyk: Yes, correct. Chairman Sanchez: OK. All right. Is there a motion? Commissioner Winton: Move it. Vice Chairman Gonzalez: Second. City of Miami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: There's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution passes. Ma'am, congratulations. Thank you so much. Ms. Clemens: Thank you. Ms. Thompson: Mr. Chairman, I'm sorry. I just need clarification. We just want to make sure. Are we granting or denying the appeal affirm -- Chairman Sanchez: We are approving the variance and denying the appeal. Mr. Fernandez: Well, it's actually -- it should be stated the other way. First, you're denying the appeal, and by denying the appeal, you're granting the variance. Commissioner Winton: There you go. That's what I'm doing. Chairman Sanchez: All right. As directed by the City Attorney on the record. Commissioner Regalado: OK. Chairman Sanchez: That's what we voted on, Madam Clerk. Moving right along. Commissioner Regalado: It's all the same. It's all the same. You got it. Chairman Sanchez: Thank you. PZ.19 04-00926 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 917.7.2, TO ALLOW A REDUCTION IN PARKING REQUIREMENTS FOR MULTI -FAMILY RESIDENTIAL DEVELOPMENT WHEN LOCATED IN COMMUNITY REVITALIZATION DISTRICTS (CRD), TO WAIVE 51 PARKING SPACES (147 PROPOSED, 198 REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 219 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "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. City of Miami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 04-00926 Fact Sheet.pdf 04-00926 Appeal Letter.PDF 04-00926 Analysis.PDF 04-00926 Zoning Map.pdf 04-00926 Aerial Map.pdf 04-00926 ZB Reso.PDF 04-00926 Application & Supp Docs.PDF 04-00926 Plans.PDF 04-00926 Legislation a.PDF 04-00926 Exhibit A.PDF 04-00926 Legislation b.PDF 04-00926 Exhibit A.PDF 04-00926-subm ittal. pdf Motion by Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado R-04-0655 Chairman Sanchez: OK. PZ 19. It's also a resolution. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. PZ 19 is an appeal of a special exception. This is a special exception for the property at 219 Northwest 12th Avenue. Our Zoning Code allows a request for special exception to reduce your parking requirements when your property is located in a Community Revitalization District. The Planning & Zoning Department had recommended approval with conditions of the special exception, and the Zoning Board denied it. The appeal before you today is from the applicant, appealing the Zoning Board, so we are recommending approval with conditions of the special exception and approval of the appeal, thereby, granting the reduction in parking. The request is to waive 51 parking spaces, but it does not fall below the minimums required by the CRD (Community Revitalization District), so every unit will at least have one parking space. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody that wants to speak on this item for or in opposition. Lucia. Lucia Dougherty: Thank you very much. Lucia Dougherty with offices at 1221 Brickell Avenue. I'm here today on behalf of the owner and the applicant. Joining me this afternoon is Carlos Rodriguez, who is the principal of the project. Todd Martin and his partner Arturo Briago, are both right here and they are the architects. The project is located on 12th Avenue and Northwest 2nd Street. I'm just pointing to this area map here. This is 12th Avenue, 2nd Street; the project located in yellow. The only other new construction around the area is Playas de Sol, which is a affordable housing, you know -- subsidized affordable housing development and this Walgreens, the one that used to be the Firestone building, so that is the location. We are asking for 90 -- or we are providing 90 units and 147 parking spaces, which is a ration of 1.6 spaces per unit. Required under the Code is two parking spaces per unit, or 180 spaces, but with a special exception in a CRD district, you're allowed to request one parking space per unit if you have one - and two -bedroom units. In this case, we have all one- and two -bedroom units, no three -bedrooms. Commissioner Winton: What's the unit mix? Ms. Dougherty: The unit mix is -- Commissioner Winton: How many -- City of Miami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Dougherty: How many one -bedroom? Commissioner Winton: Well, they can look that up and you can keep going. Ms. Dougherty: We have -- 15 one -bedrooms. Commissioner Winton: 1-5 or 5-0? Ms. Dougherty: 1-5. Commissioner Winton: Oh, OK. Ms. Dougherty: And the rest are two -bedroom units, and the prices were starting at $140, 000, up to $200, 000 per unit. Now here's the interesting thing, Mr. Commissioner, that if you were developing this project in West Brickell or Brickell, or the Design District, or Edgewater, only one parking space per unit would have been required so, in other words, we would only be required to have 90 parking spaces. Chairman Sanchez: Yep. Ms. Slazyk: So every developer wants to have the right amount of parking. Everybody wants to make sure that their development has the correct amount of parking for the development. Nobody wants to provide too little and nobody wants to provide too much. Why? Because it's costly and ugly. If we were to provide the required parking for this particular site, we would be required to have 147 parking spaces -- no. Excuse me. Is it 140? 180 parking spaces, and it would cost each unit owner $12, 000 per unit more to provide the required parking, which we don't think we need, and why don't we think need it? Let me show you this: What we've done is, we've researched the census tract and, in doing so, we've determined how many parking -- how many cars each of the units -- I mean, each of the houses or households have in the census tract, so in the census tract that we currently are in, the average number of households that have cars: If you're a owner, you have 1.1 parking cars per unit; if you are a renter, it's 0.8 cars per unit. We provide, again, 1.6 cars per unit. If you were in this district here, this census tract is 0.9 units -- excuse me -- 0.9 cars per unit -- point -- if you're an owner; 0.6 cars per unit, if you're a renter. If you're in this census tract over here -- it's a lot more because of the Orange Bowl -- they provide: If you're an owner, 1.5 cars per unit and 0.8, if it's a rental -- that's 1.5, if you're an owner, and in this census tract down here where the Walgreens is, it is point -- 1.3 for owner occupied units and 1.2 for renter occupied units. Now, here's the amazing thing, if you're on Brickell Avenue, the number of cars per unit are 1.3. This is how many owners own cars, if you're an owner of a property, and it's 1.2, if you're a renter on Brickell. Commissioner Winton: How do you get that data? Ms. Dougherty: From the census tract. Let me show you -- Commissioner Winton: No. The part -- number of cars. Ms. Dougherty: -- the census tract. Huh? Commissioner Winton: Census tract has number of cars? Ms. Dougherty: Yes. Commissioner Winton: Oh. City of Miami Page 66 Printed on 12/16/2009 City Commission Verbatim Minutes September 27, 2004 Ms. Dougherty: And -- actually, the census tract is actually in your -- from the government -- it's in your package that we submitted to you. Commissioner Winton: Oh. Ms. Dougherty: So -- Commissioner Winton: I got to look at that. Ms. Dougherty: -- again, we're providing, again, 1.6 parking spaces, and so our census tract for owner occupied is 1.1. We're providing 1.6 and if you're rental, it's 0.8, so we know, empirically, that we have more parking than is necessary for this particular neighborhood, and why is it important to make sure that we have the right amount? Because, again, the cost. We have to provide a unit that is going to be occupied by people who can afford in this neighborhood, and so, to increase the cost by parking that's not needed by $12, 000 per unit, is something that we think is unfeasible for this neighborhood. Now, we have several people who -- here are in support. These are our neighbors. If you'd like to stand up and show your support for the project. 1 don't believe we have anybody who's opposed to it. Chairman Sanchez: Could they state their name and address on the record? Ms. Dougherty: Certainly. If you would come forward and state your name and address. Vice Chairman Gonzalez:: Where's the translator? Martha Hernandez: Martha Hernandez, 1626 Northwest 18th Avenue, Miami, Florida. Commissioner Winton: Where's the microphone, Commissioner? Anita Perez: Yes. Good afternoon. My name is Anita Perez and I live at 1560 Northwest 2nd Street, in Apartment 6, and I'm in the neighborhood and I've been living there for a lot of years, off and on. Caridad Perez: My name is Caridad Perez and I live in 1560 Northwest 2nd Street, Apartment 6, and I'm for it because it would better the neighborhood. Thank you. Margarita Cardenas (as translated by Ondina Suarez, official Spanish interpreter): My name is Margarita Cardenas. I am a neighbor in that sector. My work is nearby there. I believe that a lot of people like me will not be initially needing transport, so I'm in agreement with the project that's being put together. Vice Chairman Gonzalez: Thank you, ma'am. All right. Heri Kletzsenbower: Yeah. I'm Heri Kletzsenbower. I'm the owner of 329 Northwest 12th Avenue. I believe that the neighborhood needs affordable housing and I think we need to waive the excess of parking that's supposedly required. Vice Chairman Gonzalez: Thank you, sir. Marta Fagundo (as translated by Ondina Suarez, official Spanish interpreter): My name is Marta Fagundo. I am very much in agreement. I live very close to the place and I think that's going to be for the benefit of the community. I'm very happy with all of the projects that are being put together there. I see that it's a major improvement, so that we can be closer to places and, therefore, we have a better living and lifestyle there. I'm in agreement with all that you're doing. Thank you. City of Miami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Vice Chairman Gonzalez: Thank you. All right. Ms. Dougherty: And just from an architectural standpoint, Mr. Commissioner, I think that this project provides all of the things that you've been wanting to do, urbanistically. It provides a street presence. It has ground floor retail. It's got all other things, and I think you can see the current configuration of the street; this is 12th Avenue, so I think that it fits in. It's the right size; it's the right mix for this particular neighborhood, and we would urge your support for it. Did you want me to take this down? Vice Chairman Gonzalez: All right. Ms. Dougherty: Yeah. Vice Chairman Gonzalez: Is anybody in opposition of this project, of this item? Chairman Sanchez: No. Vice Chairman Gonzalez: OK. Hearing none, seeing none, public hearing is closed Mr. Chairman, you're recognized. Chairman Sanchez: 1 would make the motion to approve the appeal. Commissioner Regalado: Second. Chairman Sanchez: Discussion. Vice Chairman Gonzalez: We have a motion and we have a second. Commissioner Winton: Lourdes, I'm -- Vice Chairman Gonzalez: Discussion. Commissioner Winton: -- I just want to understand what the parking requirement is. I -- this comes as a surprise. I thought that the requirement on all two -units, wherever it was, was two units per. Ms. Slazyk: Not in downtown, and downtown actually is part of the DRI (Development of Regional Impact). We had to reduce the parking requirements in downtown -- Commissioner Winton: But she's -- downtown isn't Wynwood. Downtown isn't Edgewater. Ms. Slazyk: The SD-20 was reduced years ago when SD-20 was created in order to encourage development in Edgewater, and that we have not changed to come back up. If you recall, when we had the SD-20 amendments before you a while back, we tried to increase it and there was opposition to that, so that was left alone for a while, and the Design District is the other place where we reduce parking requirements. Other than that, the rest of the city is two spaces for a two -bedroom. Commissioner Winton: OK. Chairman Sanchez: And just on that -- just to put on the record that the total parking provided is 147, when they only need 98, so there's sufficient, but that's not the point that I want to make here. What 1 want to make here is that, two years ago, this legislative body approved a project called Rayos del Sol in an area that did not see development for God knows how many years, City of Miami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 and it's just less than maybe 300 yards away from this building now. You're starting to see -- the residents that are here supporting it are supporting it for a simple process. Once you're starting to see a redevelopment on an area that was wooden homes, crack infected with crime and, you know, with the urban infill, people are buying those properties -- Ms. Slazyk: Yep. Chairman Sanchez: -- and building something like this, and 1 know that one of the biggest concerns that we had that we wanted to -- just not to have a building because it's in a very -- it's in an area where it's in an intersection that's a corridor that now has the opportunity to expand not only south, but north, and it's just one of many developments like this that are going to be coming in front of this Commission, where we're pushing for good design, a good product for all those that are moving into the area, and moving into what I consider affordable, decent housing, but the beauty of it is that you did away with three properties that, if we would be able to obtain the crime grid within a mile of that area, today that crime rate is reduced because, first of all, there's nothing there, but now we're going to be able to build something that we could all be proud of so the parking in itself -- one of the reasons why it's in front of us today was that we wanted commercial in the bottom because we wanted mixed use because this would lead the example of what we want in that corridor there: it'll expand north, south and -- just north and south because the rest are residential, but this is the type of development that we want in that area, and it's just one of many projects that will be coming in front of this Commission, so 1 am here to support the neighbors that are supporting this type of good development and, you know, in today's development world, there's a lot of people that aren't supporting too much of the development, but this is a good design, good density, good quality of housing in Little Havana, so that's why I'm ecstatic to move it and support it 100 percent. Joel Maxwell (Deputy City Attorney): This would be a motion reversing the decision of the Zoning Board, thereby granting this special exception. Chairman Sanchez: Yes, sir. That was my motion. Vice Chairman Gonzalez: All right, so we have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. No opposition. Ms. Dougherty: Thank you very much. Vice Chairman Gonzalez: The motion carries. Chairman Sanchez: Thank you very much. You know, when -- get to work quick on it, OK? Let's get it built. PZ.20 04-00953 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), GRANTING THE APPEAL AND REVERSING 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, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A BAR, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING City of Miami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 DEPARTMENT: 1) THE APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN WITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION, AND 2) THIS APPROVAL IS SUBJECT TO THE APPLICANT GETTING THE APPROVAL OF THE VARIANCE AS A COMPANION ITEM IN THIS AGENDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1252 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A." 04-00953 Exhibit A.PDF 04-00953 Fact Sheet.pdf 04-00953 Appeal Letters.PDF 04-00953 Analysis.PDF 04-00953 & 04-00953a Zoning Map.pdf 04-00953 & 04-00953a Aerial Map.pdf 04-00953 ZB Reso.PDF 04-00953 Application & Supp Docs.PDF 04-00953 Plans.PDF 04-00953 Legislation a.PDF 04-00953 Legislation b.PDF 04-00953-submittal 1- map.pdf 04-00953-submittal 2 - analysis.pdf 04-00953-submittal 3 - petition.pdf 04-00953-submittal 4-letter.pdf 04-00953-submittal 5 -complaint tracking module.pdf 04-00953-submittal 6 - photo.pdf 04-00953-Submittal-1. pdf 04-00953-Submittal-2. pdf Motion by Commissioner Winton, seconded by Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Noes: 1 - Commissioner Regalado Note for the Record: Prior to the above -stated resolution passing, a motion was made by Chairman Sanchez and was seconded by Commissioner Regalado, to deny the appeal, uphold the Zoning Board's decision and grant the special exception to allow a bar at approximately 1252 S. W. 22 Street. Said motion failed with Chairman Sanchez, Vice Chairman Gonzalez and Commissioner Winton voting against the motion. Chairman Sanchez: All right. PZ 20. It's also a resolution. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ (Planning & Zoning) -- Chairman Sanchez: We -- PZ20 -- Ms. Slazyk: This is the one that wanted to be -- Chairman Sanchez: -- I believe that -- Ms. Slazyk: Yeah. Chairman Sanchez: -- it's going -- we're going to wait a little while and we'll address it maybe in the next, maybe hour, if you don't mind, because some people -- City of Miami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Slazyk: Right. Chairman Sanchez: -- I mean, they just requested a time certain and we could go now, if you want. I mean, it's up to you. We do have time certain 5:30, 6: 30 and -- 6: 30. Ms. Slazyk: You want to do it right now? Chairman Sanchez: I'll tell you what, let's get it out of the way now. Ms. Slazyk: OK. Commissioner Winton: Yeah. Chairman Sanchez: OK? Are you OK with it? All right. Let's hear PZ.20. Ms. Slazyk: OK. PZ20 -- actually, PZ 21 is a companion item, which is a variance. The special exception -- this is for the property at 1252 Southwest 22nd Street. It was a special exception that the Zoning Board granted with conditions in order to allow a bar at the subject address. The companion variance, which is PZ21, was to waive 10 of the required 15 parking spaces. The special exception was granted by the Zoning Board, and this is an appeal by adjacent property owners of the special exception. Commissioner Winton: Got it. Ms. Slazyk: The Planning & Zoning Department had recommended approval of the special exception with conditions and we're, therefore, recommending today to deny the appeal and uphold the special exception as granted by the Zoning Board. The variance was also granted with conditions by the Zoning Board, and the Planning & Zoning Department had recommended approval with conditions of the variance, and we're, therefore, recommending denial of the appeal. This is an adaptive reuse of a structure and, therefore, qualifies for the hardship under the variance criteria, and we would recommend approval of the variance. Chairman Sanchez: All right. The appellant, you're recognized. Andrew Dickman: Thank you, Mr. Chairman, members of the board Andrew Dickman, law offices at 9111 Park Drive in Miami Shores, Florida. I'm here on behalf of the appellants, Gloria Gyori. Mr. Hernandez is also with us, the president of the Vizcaya/Roads Homeowners Association, as well as members of Miami Neighborhoods United, who are also very interested in this matter. One quick housekeeping question: Are we going to be discussing both items concurrently and, if so, I would prefer that, if we could just -- are we going to be discussing both items concurrently, the special exception and the variance matter, or are we going to have to repeat ourselves? Chairman Sanchez: Madam Director. Commissioner Winton: No. I think the City Attorney needs to rule on this. Joel Maxwell (Deputy City Attorney): If in fact, they are codependent. If they are not independent of one another, then I would suggest you may consider them together. If one can be approved and not require the special except -- the variance not require special exception, or vice versa, then you could hear them independently but, 1 believe -- and, Ms. Slazyk -- Commissioner Winton: Well, you got the agenda in front of you. Chairman Sanchez: Madam -- City of Miami Page 7/ Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Maxwell: --1 believe they are not independent; is that correct? By that, I mean, they need the parking spaces in order to operate the bar. Ms. Slazyk: Yeah. The parking spaces required are what's required for that use, so if you grant the special exception without the parking, they wouldn't actually be able to get a CU (Certificate of Use) for that use, and the -- so they really do kind -- Commissioner Winton: They're linked Ms. Slazyk: -- of need to go together. Chairman Sanchez: All right, so they're both together, attorney. Mr. Maxwell: Two separate votes, though, Commissioner. Chairman Sanchez: Counsel -- huh? Commissioner Winton: Separate votes. Mr. Maxwell: You will have two separate votes. Chairman Sanchez: Yeah. Mr. Dickman: Right, but we can incorporate our -- Mr. Maxwell: Yes. Mr. Dickman: -- testimony into both hearings. Mr. Maxwell: Absolutely, and the Clerk will be directed to do that. Mr. Dickman: And that'll save everybody a little time. Mr. Maxwell: That's right. Chairman Sanchez: Counsel, how much time are you going to need? Mr. Dickman: I'd like to just make a brief presentation, if I can, maybe ten minutes at -- Chairman Sanchez: I know your brief presentations. How much minutes are you going to need? How much time are you going to need? Mr. Dickman: I'm going to take about -- I'm personally going to take about ten minutes, and 1'd like some of my clients to come up and speak to you on very specific issues that they need. 1 would say, since we're the applicant, maybe about 20 minutes, 25 minutes, if that's OK, and then reserve a little time for rebuttal, if we could. Chairman Sanchez: OK. Go ahead Mr. Dickman: OK. Thank you very much. Once again, we're here to appeal the approval of the special exception and the granting of a variance for a bar at 1250 Southwest 22nd Avenue. This is a project that is going to be within the circumference of my client's property. They have property that is within several hundred feet of this to the south. We are very concerned about approving a bar directly adjacent to a liquor store. This -- the zoning on this property is C-1 City of Miami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 with a special district overlay of SD-23. As all of you know, the SD (Special District) zoning was incorporated strictly and specifically to try to bring a little bit more design, thought, planning, thinking about how to improve the neighborhoods and the businesses, for that matter, in areas that are deemed "special" to the City of Miami. Coral Way, I think everyone will agree, is a special place for the City of Miami. Certainly, my clients, who live there, believe that it is a special place. That's why they bought homes and are raising their children in this area. The area, in particular, is a -- basically, a triangle block. If you look at the map -- I'm sure you have all this in front of you -- where Southwest 3rd Avenue and Southwest 22nd Street meet, there is a triangle of several parcels there, which include a bakery, a market, a little neighborhood market, a few nice neighborhood restaurants, a gas station and, unfortunately, there's also a liquor store there, and I think, under the rules today, I don't think that that -- if that liquor store would cease to operate, they would probably not be able to come back in there, because it is a neighborhood -- you will also note that the United Way building is probably within a throne -- stone's throw of this property, where I believe that they also have a verified charter school there for children, so you also have that other issue that 1 think you all need to consider when you're looking at approving a bar next to a liquor store in this neighborhood. Specifically, 1 also want to -- this is on the special exception issue -- very, very, very succinctly, I want to say that the SD-23 allows for a bar, yes --1 mean, the C-1 allows for a bar, yes, but only under special exception. Special exception was designed to allow for the City to review this very carefully, specifically for situations like this, where somebody is proposing a use that may not really fit from a planning point of view and looking at the uses that are around it, in terms of residential uses, schools and the nature of the commercial uses that are in the area. 1 would say that the added overlay of having an SD-23 should put more emphasis on the fact that you should not allow such a use in this area because there are plenty of other uses in the permitted use category of C-1 and SD-23 that this particular applicant could use this property for besides a bar. I also want to point out that -- and I'll put this into the record -- we have a printout from the City of Miami which shows that, in fact, there is a connecting door and -- through firewall concreting at 1250 and 1252 without permits. In other words, the liquor store is actually connected to this proposed bar, and what I'm afraid of and my clients are very afraid of is that this is just another way of expanding this nightlife use in an area that's really a neighborhood use. I'll put this into the record, if I could. I've got one copy of it. I'll give it to the Clerk. If, perhaps, you can go ahead and give this to the Clerk for me, and it's dated August 5, 2004. Go ahead and give it to them, if you would but, again, on the special exception, approving a bar in this neighborhood -- the Clerk is right over there -- approving a bar in this neighborhood where, again, it is a neighborhood commercial hub where people in the neighborhoods walk there; they go to the bakery; they shop at the mom-and-pop market to get bread and groceries and whatnot. They get gas at this area. Don't expand this bar -- or this liquor store. 1 think that the liquor store is looking to expand its use by connecting a wall between this. It is going to be a mess down there. It does not fit in with the neighborhood and, in addition to that, they are not only asking for what 1 would say, a marginal use for this area, but they're also asking you all for a variance; not a small variance, but a big variance. According to staff they're saying that it requires 15 parking spaces. This is a small space; it's 1,500 square feet, somewhere around that area. They're required for 15 parking spaces. They're asking for a variance of only having ten -- they're asking you to waive ten of those spaces off and trying to say that people can park on the streets. There really isn't a lot of on -street parking there. There are meters there. There are a lot of businesses that use those meters during the day and in the evening, and if you not only approve a bar use next to a liquor store, close to a school and very close to neighborhoods, and then, on top of that, grant a variance for parking, I think what you're doing is you're pushing the boundaries of what the C-1 and the SD-23 is really all about, and you all have been good about looking at neighborhoods. Lately, you've been listening very carefully to the neighborhoods, as they talk about quality of life, and we applaud that, and 1 ask you to take very special care when you're -- hello. Commissioner Winton: Is that in closing? Mr. Dickman: In closing, I've been turned off. No, but seriously, I think that we're very City of Miami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 concerned about this. 1 note that staff has somehow grandfathered in five parking spaces, so the variance would really technically be -- would be ten spaces, but the staff is grandfathering in five of them. I'm told that this use lost its certificate in 2001, but somehow staff has said that they're going to allow to grandfather in five parking spaces, so the actual variance doesn't look as ominous as it is, but still, the amount of parking spaces that they're asking to be waived off in addition to locating this bar next to a liquor store, I think, is just -- is pushing the boundaries of good planning and good public policy so, with that, I would like to reserve a little bit of time in rebuttal, and ask my clients from the neighborhood to come up and give you a little bit of their point of view, and I'd ask for you not to repeat the things that I've said to save a little time, and give some of your specific experiences with this property. Thank you. Chairman Sanchez: Please step forward and state your name for the record. Teresita Gyori: Yes. My name is Teresita Gyori. Property that I'm affected is 3465 -- or is it 3464 -- 30 -- so nervous. I'm sorry. -- 3465 Southwest 3rd Avenue. It turns out that 1 worked for the City. I know exactly how this works. My understanding was not to disturb anybody from the departments. 1 went to the NET (Neighborhood Enhancement Team). I had a problem with parking with my tenants. I'm not a slumlord. When my tenant calls me, 1 immediately jump. 1 wrote a letter to Haydee Regueyra. She went ahead and said that this was an infrastructure and that please not to disturb the Commissioner in reference to this. I wrote the letter; never got a response, but she did went ahead and said something about Off -Street Parking. I spoke to the gentleman from Off -Street Parking, and 1 told him that the problem was that that little triangle you see there, they're breaking the laws. You have a beauty salon that expanded. They didn't have any requirements on parking. You have a -- Karlo's Bakery, that have 20 tables. They're acting as a restaurant or a luncheon. They only have a bakery's license. They have a new restaurant -- all these locations, and then, all of a sudden, we see a liquor store coming up. No issue about the parking again. I went ahead and I asked what to do, and this Off -Street Parking gentleman said, really straightforward, nothing. I mean, anybody can park wherever -- that's not our problem; that's a zoning issue problem. 1 said, OK, I understand Let me see how 1 can work this out by placing -- you know, writing another letter. I went ahead and I wrote to Commissioner Sanchez, because he's my Commissioner for the district, and 1 spoke to the Chief of Staff there, and she -- Teresa Zorrilla -- and she said, "Well, we have someone, which is sensational. His name is Mariano Loret de Mola. Write him a letter." 1 did write him a letter, and his response was that he gave them the rights to operate as a masseuse. Now the spa can do whatever they want, but they never -- when intensely, maybe it's the lack of experience as a director that previously was a veterinarian. I don't want to go there, but the issue was I, all of a sudden, had to do the investigation, and this is not to insult anyone, but that was my second letter. My third letter was to Mr. Carbonell, again, asking all these particular questions. Again, only a meeting, planning and zoning, because I want to know how did this happen all of a sudden. Did 1 snooze and lose, if I don't do something? What am I supposed to do, and that's why we elect you Commissioners, that way I don't have to be here. I don't have to hire an attorney because my understanding is that everything should be done properly, correctly, and it hasn't been done that way, and the reason that 1-- later on, it was like a puzzle; you put it together. I found out that Haydee Regueyra, the Coral Way NET, gave this place a license to operate as a bar, knowing that this was a private club and SD would not allow it. Then I went ahead and found out these people had spent thousands and thousands of dollars renovating, planning to open on the 14th, when they had their zoning hearing. Then I went ahead and I found out through everyone this was grandfathered in. I'm so totally, you know, perplexed. I couldn't believe who to hear, what's the story, and I know my laws. I know exactly how the City functions. Is this a lack of communication, lack of coordination? What's going on? Well, the bottom line, I wrote four letters; did not get my responses. I finally said, the only thing I asked for you to do is write -- do a study for the parking, see if maybe I might be mistaken, just have Off -Street -- we were here twice in this issue regarding zoning, and do you think that anybody went ahead and checked to see if there was something right? They had no study for parking. They didn't want to hear about it. They went ahead and sent a letter -- it's called "Zoning City of Miami Page 7-1 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Referral for Public Hearing," and the recommendation, and this is what I complained to Javier Carbonell. It says grandfathered, and 1 said, that's a wrong word. You shouldn't be putting grandfather. They lost their rights as a private club, and they're opening as a bar, and we have a Big Daddy's now because we have the liquor store, an open door, which is a violation to have that door there. Planning doesn't want to hear it and, again, the only thing 1 have is you to listen to my concerns and, here, it says "grandfather." Well, the word "grandfather," he says ( UNINTELLIGIBLE) misused OK, fine. It's referenced to parking, but everybody -- even Mr. Lavernia -- Robert Lavernia -- I'm giving you names. I'm not making this up. He said, clearly, that this was grandfathered in. Commissioner Winton: You're confusing me to no end Chairman Sanchez: Tere, Tere. Ms. Gyori: Yes. Chairman Sanchez: Let's not use the shotgun approach, OK. We realize that there is a parking problem -- Ms. Gyori: A serious parking problem. Chairman Sanchez: -- that has existed -- yes -- that has existed for quite some time. I know the area very well. Ms. Gyori: I know you do. Chairman Sanchez: Let me tell you that some of the businesses behind that -- what 1 consider a little shopping mall, which is the entire little loop there in the five point, on the other side, you have several businesses that have, for years, parked along -- and we have addressed this with the Vizcaya Homeowners Association -- people that are parking in the neighborhoods because of the parking. We are working with Off -Street Parking to try to find a solution as, whatever it may be, as to the decals, but if you're focusing on one business and this -- don't say that all those businesses are in violation because you know what? Maybe we'll send NET Office and the Code Enforcement to go and shut them all down, if they're in violation. Let's focus on one business that you're trying to -- Ms. Gyori: OK, but -- Chairman Sanchez: -- make sure that doesn't open. Ms. Gyori: Joe, the reason that I'm here is because I'm upset that all this started with a parking issue, and what are you trying to do, or what is these people trying to do? They're getting a variance to exclude -- to excuse themself [sic] in having parking spaces. That's the whole issue here. How can you go ahead -- and then they -- just to escalate the problem, they come up with live music. It's not a piano setting. You have live music in 1,500 square feet, and this is what's shocking is that you need to listen to the other side, and I know that you can't do any better than what you're doing is because if I don't come here and explain this to you that there is a hardship for the neighborhood. There's not a hardship for these owners. They can have numerous kind of businesses there and, besides that coincidence, it's like a puzzle. My mother went ahead and drove along this probably -- Chairman Sanchez: Your mother lives in the area. You don't live in the area, do you? Ms. Gyori: I live in Key Biscayne. We own the property -- City of Miami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Oh. Ms. Gyori: -- that 1 went ahead and stated in the initial -- and one of the things -- she lives on 17 th Avenue, 7th Street. 1 think it's Commissioner Regalado, the one that's in her district, but it turns out that she had an accident. Somebody got out of that bar and hit her car. It's a coincidence. I mean, how did it happen? Can you imagine if you were riding with your family and somebody got -- you regret the day you made the decision. Chairman Sanchez: But there's -- what bar? The bar's not open. Ms. Gyori: Initially, the bar was given a license. It was an error by the NET Administrator. Chairman Sanchez: That bar was never opened. Ms. Gyori: My understanding, it was, and she actually said in the second meeting that -- Chairman Sanchez: Listen, listen. No. Ms. Gyori: -- she held public meetings there. Chairman Sanchez: Tere, Tere, that is not true. 1 need someone from the City to come up here and verify these things because I don't think that bar has never been opened. It's my understanding, the last time that we -- Ms. Gyori: OK. Besides -- let me just -- Chairman Sanchez: No. We need to clarify that. Was that bar ever open? Somebody needs to answer that question for me. Was that bar ever in operation serving liquor? Haydee Regueyra: Well -- Good afternoon. Haydee Regueyra. Chairman Sanchez: Because there's been a bar there for 30 years. Ms. Gyori: Not a bar, a private club. Ms. Regueyra: Well -- Chairman Sanchez: A private club? Ms. Regueyra: Actually -- my name is Haydee Regueyra, Coral Way NET Administrator. I just gave the City Clerk a copy of a picture, a 1950 picture, where you have Clique Lounge --1 believe it's the same name that they're using now -- and some of the research, 1 believe, that Zoning has done. It has been a bar since then. Chairman Sanchez: Since when? Ms. Regueyra: 1950s. Unidentified Speaker: It was a club. Ms. Gyori: I'm sorry. Private club. Difference, big difference, SD but anyways -- Chairman Sanchez: There is a big difference between a private -- I'm not going to dispute it -- Ms. Gyori: Neighbor. City of Miami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: -- but you need to -- I mean, those are the residents that know their history. Ms. Gyori: Yeah. I know -- Chairman Sanchez: That's been a bar for the longest time, then it was -- Ms. Gyori: No, not a bar. Chairman Sanchez: -- a night -- it was a bar, and then it was a -- Ms. Gyori: Never a bar, a private club. I have their documentation. I did go ahead and go to microfilm. Chairman Sanchez: All right, all right. Ms. Gyori: I'm sorry, but I did my research. The other thing is, you have a packet in your folder -- I'm sure, in your folder because I did go ahead and request that it is my appeal. None of my questions were answered Besides none of my questions answered, the zoning referral, that is another. The second page, it said abundant. Abundant -- how did you come up with a study with the parking issues? And when it comes to bar use previously, 1 apologize. I'm not trying to correct you. 1 did go ahead and -- I'll be more than glad to show you what I've got, but it always said "private club, " otherwise, they would not have had to go in front of you. Thank you for listening to me. I've been told not -- to keep it short. Thank you. Chairman Sanchez: Mr. Herrera. Luis Herrera: My name is Luis Herrera. I represent the Vizcaya Homeowners Association. 1 live in 1181 Southwest 22nd Terrace. Javier Carbonell: Let me just clarify one thing for the record. Javier Carbonell. The application in front of you is for a brand-new bar, OK. Once -- Commissioner Winton: I can't understand you. Mr. Carbonell: -- a use ceases -- Commissioner Winton: What did you say? Mr. Carbonell: The application in front of you is for a brand-new bar. Once an application -- once a use ceases for more than 180 days, it goes away and needs to come back in front of you, so what you have in front of you is a brand-new bar coming into a location. Commissioner Winton: So is that -- is the 180-day time frame surpassed? Mr. Carbonell: It went more than 180 days without any activity, closed Commissioner Winton: OK. Mr. Carbonell: So once it's closed more than 180 days, it's a brand-new application in front of you, and that's what you have in front you, a brand-new application. Commissioner Winton: So there is no grandfathering? Mr. Carbonell: There is no grandfathering for the bar. There is -- the only grandfathering is for City of Miami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 -- I believe, it's one parking space. Commissioner Winton: Huh? Mr. Carbonell: In the calculation of parking is where you have the grandfathering in because, when this was built, it had a requirement of a certain amount of parking. It was built with a certain amount of parking. Nowadays, it would require five parking spaces; it only has four, so we grandfathered that one parking space in, so they're providing four and one that's grandfathered in is five. They're asking for a variance for ten parking spaces. Commissioner Winton: But our current -- but -- Mr. Carbonell: To meet our current requirement. Commissioner Winton: But our current Code requires? Mr. Carbonell: 10 -- 15 altogether. Mr. Herrera: Do I say again my name? Priscilla A. Thompson (City Clerk): We have it recorded. Thank you. Mr. Herrera: OK. Chairman Sanchez: We have it recorded, sir. Mr. Herrera: OK. 1 represent the Vizcaya Homeowner Association and, in front of the City -- the Zoning Board, 1 tried to present my signatures that I collected for the neighborhood because they're not receiving the little thing for approves or in favor of the bar, or the club, whatever it is, in the 500 feet around. Chairman Sanchez: I'm sorry. They didn't receive a notification? Mr. Herrera: Most of them -- most -- a few people said they receive it. Chairman Sanchez: Right. Mr. Herrera: And they -- we come out in front of the board, in the Zoning Board, and they got a few of them, a hundred and something, I think that they say -- a hundred -- I don't remember the number, but they got a hundred and something, and then I -- when I find out they don't have all the papers around in the neighborhood, 1 went and collected signatures, and I want it in the record now, and I'm going to send it to you, every one of you, the signatures I have brought over here on both sides against the bar and the parking, or whatever. Let me give it to you -- Chairman Sanchez: No, no, no. Don't -- Mr. Herrera: -- and then everybody else. Chairman Sanchez: -- give it to me. Give it to the City Clerk, and then she'll -- Mr. Herrera: The City Clerk? OK. Chairman Sanchez: -- make sure that we get it, for the record. Mr. Herrera: Should be in the record (UNINTELLIGIBLE). City of Miami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Yes, sir. Commissioner Winton: Well, could 1 ask you a question? Are you saying that your homeowners association is opposed to the parking variance? OK. No, no. I don't need that. Teresita Fernandez (Executive Secretary, Hearing Boards): Mr. Chairman, members -- Chairman Sanchez: Yes. Ms. Fernandez: -- of the board, Teresita Fernandez, Hearing Boards. The person that is just speaking to you doesn't live within the 500 feet radius, and there is -- Commissioner Winton: He represents the -- Ms. Fernandez: -- we do not -- Commissioner Winton: Excuse me. He represents the homeowners association. Ms. Fernandez: OK. Commissioner Winton: He doesn't have to live -- Ms. Fernandez: We do not -- Commissioner Winton: Excuse me -- Ms. Fernandez: Yes, sir. Commissioner Winton: -- Teresita. He represents the homeowners association. That does not mean he has to live within 500 feet of the noticed area. He represents a homeowners association. Ms. Fernandez: Yes. I'm just clarifying that we do not send notices to the homeowners association and that he, in particular, doesn't live in the area. Thank you. Chairman Sanchez: No, no. He does live in the area. Commissioner Winton: He does live in the area. Chairman Sanchez: Teresita, he doesn't live within the 500 feet -- Ms. Fernandez: Exactly. Chairman Sanchez: -- from it, but he's the president of the homeowners association. Ms. Fernandez: Yes. Yes, sir. Chairman Sanchez: So he knows very -- believe me, he knows this very well. Ms. Fernandez: Yes, sir. Chairman Sanchez: OK. All right, sir. Armando Gelpi: Yes, sir. City of Miami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Good afternoon. State your name for the record. Mr. Gelpi: Good afternoon. Armando Gelpi. Chairman Sanchez: Yes. Mr. Gelpi: And 1 am -- Chairman Sanchez: Speak into -- Mr. Gelpi: And I am on the 2442 Southwest 16th Avenue. Ms. Thompson: I'm sorry. We didn't -- Chairman Sanchez: I'm sorry. What's your address? Mr. Gelpi: I like to give you -- Chairman Sanchez: No, but what is your address, sir? Mr. Gelpi: -- this couple of copies -- Ms. Thompson: Chairman, Chairman. Mr. Gelpi: -- this couple of copies in which -- Chairman Sanchez: Yes. Ms. Thompson: Chairman, I don't have a name and I don't have an address. Mr. Gelpi: OK. Armando Gelpi, at the 2442 Southwest 16th Avenue, and I -- what 1 am sending is a copy of the Certificate of Use that was done by the City of Miami in which they gave them a permit, and it was later found that it was in error, and it was -- they gave them a Certificate of Use, and they took it out -- away also. Now, I found that Mr. Barket, for the bar, expressed that there was a bar in there before. There wasn't. It was a club. She stated under oath that there was a bar before in there. Not only that, but they did renovations in the doors and in the inside of the place, and they only expressed that they were doing small repairs. The outside, which -- you know, the -- it's contemplated, also, as a special thing, you know, all the outside they repaired and redid in that place. This is a matter for the Building and Zoning to consider also, and in every book that I have read about planning, it's stated very carefully that the neighborhood is very important; that it's the most important thing, and to change this -- and with a special exception and put this bar in the midst of this neighborhood, it is not very advisable, to say the least. I think that should be reconsidered and, you know, not allow it. Commissioner Winton: Thank you. Chairman Sanchez: Is there anyone else that will be speaking against -- OK. Mr. Carbonell: Sorry. Let me clar again that there are permits on file for remodeling, and there are for electrical permits. Chairman Sanchez: Before you do, I believe that the two closest residents that live to it is Mr. Morales, who is here present, and Mr. Herrera. Is there anyone else that lives close that would like to state -- City of Miami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Gyori: There is a letter of three others that are right across the street from me, and I think Ms. Regueyra has the letter that she should read to all of you. Chairman Sanchez: Across the street from you where? Ms. Gyori: Right next to -- Chairman Sanchez: On 60 -- Ms. Gyori: -- 3465 or 3460 -- Mr. Maxwell: I think this record -- is this the -- Chairman Sanchez: All right. Mr. Maxwell: -- a letter from this? Ms. Gyori: You have the letter? Ms. Regueyra: They have it. Ms. Gyori: OK. Mr. Maxwell: It's already in the record. Chairman Sanchez: All right. Ms. Gyori: She -- they wanted to -- for that letter to be read here in the Commission; that's why I don't understand why she hasn't read it yet. Chairman Sanchez: All right. Ms. Gyori: It's important because they had their vacation set for this weekend Commissioner Winton: I have another letter in my office, too. Chairman Sanchez: Before we -- you'll have your chance, counsel. Hold on. Let me just clear -- how are you, doctor? Josefina Sanchez-Pando: How are you? Chairman Sanchez: Doctor. Ms. Sanchez-Pando: Josefina -- I'm sorry. Josefina Sanchez-Pando, 2110 Southwest 24th Terrace, president of Silver Bluff Homeowners Association and Miami Homeowners United I come here just to back the homeowners association and to bring once more to your attention the comedy of errors existing in any one thing that is going on; errors, errors, errors, questions unanswered, answers, if correct -- permissions granted that should not be granted. Once more, please, it's about time we collect ourselves and start doing things correctly. We do not need anything that has to deal with liquor, bar, club, whatever you want to name it technically, there. They lost their time. It's more than 180 days, if you go back to it. Research it. It's over a year, so there is no way that that can be just renovated. No. This is something brand -spanking -new that you can stop right now here. It's less than 1, 000 feet from United Way, which is going to open a little school for the people who work for them, for their employees so they can bring their children there under the Charter. We don't need that. City of Miami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: It's not only for their employees. Ms. Sanchez-Pando: Oh, it's for everybody? Chairman Sanchez: For everyone, including people that live in the district. That was one of the conditions that was put forth -- Ms. Sanchez-Pando: Well, great for them. Chairman Sanchez: -- when some of the people opposed it. Ms. Sanchez-Pando: Great for them to have all those children brought in there. We don't have space for children. We don't need that, and talking about cars, I heard the project that went -- the PZ 19 that went in front of us. I had been hearing, for hundreds of years here when I worked in public schools, I would get money for 1.3 children -- 1.5, and I said, "Do I cut a kid in a half or in three pieces?" You have 1.6 parking spaces, so that means I have a car and a sixth part of the other car. 1 cut in half -- in tenths, so that 1 can get six -tenths in there and park the other four -tenths outside. Come on, people. Chairman Sanchez: Thank you. Ms. Sanchez-Pando: I'm against it. We all are against it. Do something about it. Chairman Sanchez: Thank you, doctor. Counsel, you'll be reserving time for rebuttal; is that correct? Ms. Sanchez-Pando: I'm -- OK. Chairman Sanchez: Anyone else? If not -- Unidentified Speaker: Josefina -- one second, and yes, I'll reserve time. Ms. Regueyra: Again, Haydee Regueyra, Coral Way NET Administrator. Before you, 1 believe you already have a copy of the letter that I received in the NET Office on September 24, 2004. The letter's addressed to myself and it's from Ms. Faye Kmetz. The letter reads: "Dear Haydee, I'm sorry to inform you that Sonia Gibson, John Judice and I will be out of town September 26 through October 3rd, and will not be able to attend the Zoning Board hearing scheduled for Monday, September 27, 2004. I'm requesting that you please inform the board that we're totally against any decisions being made to allow a bar and club in our neighborhood. It is right at our front door, and it will surely devalue our property. 1 hope each and every Commissioner will keep us in mind when making this very important decision. We appreciate your cooperation for letting them know how we feel and stand on this issue. Thank you, your neighbor, Faye Kmetz." I did talk to Ms. Kmetz, and I did send an e-mail to Sonia Gibson confirming receipt of this letter and the letter is before you. Chairman Sanchez: Thank you. Mr. Dickman: That concludes our presentation. I'd like to reserve a few minutes in rebuttal, if you don't mind Chairman Sanchez: I'll take it into advisement. Mr. Dickman: Thank you. Chairman Sanchez: Appellant, sir, you're recognized City of Miami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Timothy Barket: Timothy Barket. I am owner of the -- Chairman Sanchez: The applicant. Mr. Barket: -- the property. The applicant's actually my tenant, who's here and wants to speak, as well, but I own the property and, instead of being critical of the City, I'm going to tell you our position. Chairman Sanchez: Could you state your name and address for the record, please? Mr. Barket: My address is 1226 Southwest 16th Street. My business address is 19 West Flagler, Suite 1212, Miami, Florida. I was born and raised in this -- I'm sorry. I was born and raised in this neighborhood I grew up on 20th Road and 4th Avenue and, as long as 1 can remember -- to correct everybody -- it was a bar; it was the Clique Bar. After the Clique Bar owner died, it was taken over and it was run as a private club with the City, and then we purchased the property. We eventually evicted the private club and sought tenants. As you know, as I just told my address, my brother and sister, and 1 own this property. It's not a Big Daddy's; it's a bar that has 70 occupants. I live six blocks away from there. My brother and my sister both live, as my father does, all within one mile of this piece of property. Another misnomer that 1 think everybody's been misled to believe, the bar is a freestanding building, and although family members own the rest, where Karlo's Bakery and everything else is, that has absolutely nothing to do with us. We were very critical of the tenant that we sought. If I tell you the list of applications that we got for tenants to put in this property, we were very critical. I'm a homeowner myself and I purchased this piece of property for the bettering of my neighborhood, too, which is Brickell Estates, which is right next door, and I don't know why we don't have a homeowner speaking here on behalf of Brickell Estates. We have them as far away as Silver Bluff but, quite frankly, when we sought our tenant, our tenant came to the City and sought approval for this bar. Approval was tentatively given. Permits were pulled out and extensive, almost six -digit renovations have taken place inside. When we were ready to open, we applied for our Certificate of Use, and that's when we were told, "Oh, wait a second. You lost your grandfather clause." Outrageous sums of money has been put into this property. I don't think a single opponent here can honestly get up to this podium and tell you that, when they moved into this neighborhood, this piece of property wasn't utilized as a bar, or what they would term as a private club. 1 submit to you, the terms are interchangeable. The way the private club offered its services, it would send out e-mails to members of the gay community, and they would operate at weird hours of the nights. The reason we lost our Certificate of Use is -- because he was allowed to continue to operate because he didn't operate on a regular schedule or a regular basis without the City renewing his license, or him paying for his renewal of his occupational license. There is a liquor store next door that is owned by the same owners but that -- if you go in there, it's all shelved It's run separate and distinct from the bar. We have 70 occupants that are allowed in there. There's, if I'm not mistaken, 58 metered parking spots around the entire triangle, if you will, either on 13th Avenue, on Coral Way or on 3rd Avenue, within that one block. The charter school is a concern for some. It's not a concern for us. It's not there right now and it's not a Dade County charter school that is contemplated in the ordinance that people have referred to here. This is going to be a quality, well run established business that has always been there. It has always operated as a bar, and 1 wouldn't let something in my neighborhood, as an owner, that I wouldn't want in my neighborhood, and I -- believe me, I had people that wanted to put labor pools in that place, and we passed it down. The aesthetics of the inside is a bar. It is -- the electric is a bar. It is plumbed out for a bar. The bar is still there. It was Steve Clark's favorite visiting spot, and it's been that long and around in the City, and it's not going to be a burden in my neighborhood, especially as I'm the owner of this particular piece of property and, with that, I don't want to take any more of your time, and 1 hope I addressed some of the misconcerns [sic] or the misstatements of facts that were presented to you here today. City of Miami Page 83 Printed on 12/16/2009 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Do you have anyone that's -- will speak on -- Mr. Barket: Yes. Chairman Sanchez: -- your support? Mr. Barket: Yes, the tenant that -- who has occupied -- Chairman Sanchez: OK. Mr. Barket: -- the space. Chairman Sanchez: Please, ma'am, come forward. State your name for the record Gretchen Galindo: My name is Gretchen Galindo, and -- well, 1 have some ideas written, and I've been listening. As far as the music, this live music that may sound like it's going to be something terrible, it just cannot be because it's not that big, the place, so we're not talking there of a big band or a big orchestra. It -- we're not going to have live music just occasionally, so it's not that -- be that bad, you know, as it may sound. Now, as we are sure you're aware of this petition referring to a Certificate of Use for El Clique Bar and Lounge was already approved by the Miami City Zoning Board, and this petition to the Zoning Board, which is now under the Miami City Commission consideration, was the result of an application granted to our corporation, Melissa Entertainment, on December 3, 2003, by the Miami City Zoning Board We also applied for building permit, submitting plans with a (UNINTELLIGIBLE) construction engineer and a general contractor. We underwent the process of all Building and Zoning Administration requirements, and after all the requirements were approved, we went to the Zoning Board for the CU; that was on January 2004. Two days later, the City of Miami Zoning Administration told us that we were supposed to go through a Zoning Board process in order to obtain the Certificate of Use. Now, the Section 2107, Ordinance Number 10771 states that permits or Certificates of Use granted in error do not authorize violation of ordinance and correction is required, but providing actual construction has not commenced. In our case, all the construction, as well as the inspections, including building, electricity, fire, health and zoning, were concluded and successfully approved Consequently and based on this, all our interior design, equipment acquirement and installations have been completed also. Therefore, we really think that we were not supposed to be here today discussing this issue. The reopening of the bar/lounge Clique, constitutes an extremely important element for the success of our business, and I would like to point out something that I think is important. We have been in this process almost for a year now, and the lives of several families involved in the ownership and the operation of this business has been affected seriously, and we really need to do something about it. Now -- well, as far as -- oh, yes, the Clique. I mean, this name. This -- we intend to have a friendly neighbor place and, the Clique is one of the things that we -- we are trying do. We're trying to recreate the old Clique, which it was a friendly neighborhood place, and there has been a bar there for more than 30 years, so trying to have it -- the Spanglish, we put El Clique, but trying to recreate that -- all the neighbors in that place have known for years that it has been there, so -- about the parking, this issue was recently pressed -- presented to the Coral Way NET consideration and, this department, in coordination with the parking authority and after studying thoroughly the parking availability in the area, concluded that there should not be any parking concerns. Now, we have been losing money and efforts to open a Clique for almost a year now, and all the families involved in this, we really need a remedy to this situation as soon as possible, and we know perfectly well that this Commission is not responsible for past errors, but it is in the capacity of finding a solution for them. Thank you. Chairman Sanchez: Thank you. Anyone else? Hearing none, counsel, you have time for rebuttal. City of Miami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Dickman: Thank you very much. Once again, for the record, Andrew Dickman for the appellants. A couple of things: First of all, to grant a variance, there has to be a hardship, bottom line. That is the bottom line. You all know this. You've read the ordinance 100 times probably in the last year because you've had to deal with variances. There has to be a hardship, and it has to be owing to conditions peculiar to the property, and not the results of the actions of the applicant. The applicant is telling you, "We've spent a lot of money. Help us out. We've got a hardship." They're asking for ten -- waive off ten parking spaces, probably, eleven. 1 mean, we'll give the one that they're grandfathered in through some planning, you know, algebra that they've come up with. Let's say ten parking spaces they're trying to waive off. That's a huge variance and, on top of that, the applicant has not presented one iota of substantial competent evidence regarding the hardship, and the hardship has to be related to the property, and Planning has said something about this is an adaptive reuse and, whatever, whatever. I mean, that's not a hardship either. I mean, the fact of the matter is, they have not met the conditions of a hardship for a variance and, just on that alone, you should deny the variance and, therefore, it would deny -- that would deny the special exception. The landowner stated something like 58 metered parking spots. The -- this gentleman is not an expert, does not present parking studies, has not presented anything; it's just hearsay and point in fact, I've heard different numbers that are much lower and, in fact, these are shared meters out there. These are not reserved meters for any one property. There's lots of traffic out there now. When the bar was originally opened as El Clique, or whatever it was, the traffic counts up there were substantially different than they are today; 1 guarantee you that, and the parking demand is much higher today than it was then. That's why they're asking for variances so, on the variance issue, I say you vote no because they have not met the criteria and, should my clients choose to go to court on this, the quick case law is very strong about what hardship means and what it -- how you define it, and they have not presented one ounce of evidence that there is a hardship here. All they've said is, we've spent money by accident of some mistake of the City and, you know, God knows my clients have experienced enough mistakes, and they're paying for it so, you know, at this time, I'd ask you to deny the variance. I'd also like to mention that, again, this is a -- Commissioner Winton: Are you -- counselor, are you repeating hearsay? Mr. Dickman: Pardon me? Commissioner Winton: Are you repeating hearsay? Mr. Dickman: Am 1 repeating hearsay? Commissioner Winton: Your clients have experienced enough what? Mr. Dickman: They've what? I'm sorry. Commissioner Winton: Your clients experienced enough what? Mr. Dickman: I'm not hearing what you're saying. My clients are -- Commissioner Winton: You just said, "My clients experienced enough, " what was it, errors, or whatever you said? Commissioner Regalado: Mistake. Commissioner Winton: Wasn't that what you said? Commissioner Regalado: Mistake. City of Miami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: Mistake. Mr. Dickman: I'm relating to mistakes that my clients have experienced with regard to this application. Obviously, they've even said it themselves that there were errors in the CO ( Certificate of Occupancy), errors -- you know, why should the neighborhood pay for the errors that an applicant has experienced. They're asking for forgiveness because the City -- Commissioner Winton: But I'm just making a point here. Theirs is hearsay, yours isn't hearsay so, you know, you made a comment earlier about their hearsay so, when your -- and you're backing up hearsay. This doesn't have anything to do -- Mr. Dickman: Yeah. Commissioner Winton: -- with where I'm going. I'm just making sure that -- Mr. Dickman: I understand. Commissioner Winton: -- their hearsay, your hearsay; they're both hearsay -- Mr. Dickman: Well, I was -- Commissioner Winton: -- and so -- Mr. Dickman: I understand what you're saying and, honestly, the whole discussion about the permits, when, where, how, this is really focused on the variance, to be honest -- Commissioner Winton: Bingo. Mr. Dickman: -- with you. This is the variance. Commissioner Winton: Bingo. Mr. Dickman: This is the special exception. I got to tell you, my clients are frustrated. You -- I can understand why they get into the minutia of things because they are passionate people. They're concerned about their neighborhood but, candidly, Commissioner, you're absolutely right. This comes right down to the fact of whether this meets a variance hardship criteria, and whether or not, under the Zoning Code for special exceptions under the C-1 and the SD-23, you all think that a bar next to a liquor store, in close proximity to homes, et cetera, et cetera is a good thing or a bad thing, and I'm asking you to look strictly at that. I agree exactly. 1 know where you're coming from. I hear what you're saying. I'd ask that, also, in the record, you understand that there are regulations about where liquor stores can go and, in fact, this particular liquor store, I would say, is -- if it were to lose its license, it could not come back there. It is within 1, 000 feet of a school, at the United Way building. That is strictly controlled as a distance requirement, and why extend a use of a type of activity for that particular block, when you've already got a legal conforming use right next to it, so why add to that legal conforming use by adding a bar, which your own staff -- we put into the record -- has indicated that there is a co joining door, where this could potentially, for all we know, be something that's going to be expanding this liquor store and complimentary to this liquor store. Chairman Sanchez: Counselor, what would be the closest distance from that establishment to a resident? Mr. Dickman: To a resident? 1 would say that it's -- Chairman Sanchez: To residents. City of Miami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Dickman: -- I'd say that it's got to be at least 100 feet. Chairman Sanchez: No. Mr. Dickman: I mean, to the south -- directly to the south, right behind it. Right here. Chairman Sanchez: Not 100 feet. Mr. Dickman: Well, let's see. Commissioner Winton: Yeah. Maybe 200. Mr. Dickman: I've got the aerial photographs here with Commissioner Regalado: Not 100. Mr. Dickman: -- scales on them. Chairman Sanchez: Not 100 feet. Come on. Commissioner Regalado: It's -- Chairman Sanchez: It's close, but not 100 feet. Commissioner Regalado: You have to go the shopping center across -- Chairman Sanchez: And you -- you're -- Commissioner Regalado: -- 3rd Avenue, which has a median. Mr. Dickman: I'll put this into the record. This is a -- this is from the Miami -Dade County Property Appraiser. Everybody uses this. It's actually got a scale on it, and it's got 55 feet, and you can see the building yourself, how close it is, and my client's property is right there at the intersection. I'll mark it here, right here, so you can see it. It's literally within a stone's throw. I mean, you could throw a football from this establishment to several houses where they're located. Pardon me? Unidentified Speaker: Across the street. Mr. Dickman: Yeah, and there's going to be a new high -- Chairman Sanchez: All right. Counsel -- Mr. Dickman: -- that's quite a fact. There's a new high-rise going directly across the street. There's a sign out there today that says -- Chairman Sanchez: But, see, that's -- there's no high-rise going out there. There's a sign out; that doesn't mean it's going to up there. I just -- you know, you got to be careful making those statements. Commissioner Winton: Yeah, speaking of hearsay. Chairman Sanchez: Counsel, please. City of Miami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Dickman: Yes, sir. Chairman Sanchez: You've got to be careful making those statements because, right now, you're telling everybody there's a high-rise and, next thing you know, you know, we have -- if it gets approved, then we'll build a high-rise. If not -- Mr. Dickman: You're right, sir. Chairman Sanchez: -- please. Mr. Dickman: In fact, if you just look at the map that I've showed you there, there are, in fact, single-family homes in very close -- Commissioner Winton: (UNINTELLIGIBLE) them right here. Mr. Dickman: -- proximity to this. Focus on that. You know, you've got a bar and a liquor store that should not be expanded. In fact, over time, you ought to try to amortize this liquor store when and if they decide to close, and put in a coffee shop or a restaurant, or something. I'm sure there are a lot of uses that would be very complementary to the neighborhood. Chairman Sanchez: All right. Are you done, sir? Is that your conclusion? Mr. Dickman: Yes, that is my conclusion. Chairman Sanchez: All right. It's up to the dais. Mr. Barket: Mr. Chairman, may I respond to two things that are just misstatements of facts that I believe need to be cleared? Commissioner Winton: I don't think so. Chairman Sanchez: It's -- Mr. Dickman: If he responds, then I'd like to rebut. Chairman Sanchez: Yeah. Then it opens up for more rebuttal, so --. Dr. Jane Theede: May 1-- Chairman Sanchez: -- and we -- Ms. Theede: May I speak (INAUDIBLE)? I have something -- Mr. Maxwell: I'm sorry. It has to be on the -- Chairman Sanchez: 1 have not closed the public hearing. I mean, you could -- Mr. Maxwell: It has to be on the record. What -- Chairman Sanchez: Huh? Mr. Maxwell: I'm sorry. Chairman Sanchez: She wants to speak. I mean, I have not -- City of Miami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: Did we do the public hearing already? Chairman Sanchez: Well -- Mr. Dickman: This is it. We're in the public hearing. Commissioner Regalado: We did. Commissioner Winton: Oh. Ms. Theede: This is part of (INAUDIBLE) -- Chairman Sanchez: Ma'am, could you step up and state your name for the record, just out of courtesy, professional courtesy? Ms. Theede: Certianly. My name is Dr. Jane Theede, 150 Southwest 7th Street, Miami, Florida. Chairman Sanchez: The name again, please. Ms. Theede: Theede, T-H-E-E-D-E. The thing that disturbs me the most is that the State of Florida is very clear about the 1, 000 feet from any church, or any school, and they do not qual f, the church or the school. Now, if you give these people the license to do all of this, the State of Florida has the right to keep them from having their whiskey license, and I think that there's a lot of wheel spinning and, until these people get their whiskey license, how can they possibly open something? Now, they are opening as a new business and, as a new business, they must apply to the Florida Alcoholic Beverage, Tobacco Board, and they must show the 1,000 feet around them, everything that is occupied and, if there is a school there, that license can be refused or revoked, and I think that everybody needs to be thinking about that. Commissioner Winton: Is there a school? Chairman Sanchez: Thank you, ma'am. All right. It's closed. We're not -- Commissioner Winton: There's no school. Chairman Sanchez: That's it. Mr. Barket: Sir, there's a misstatement of facts here about the law, and I think it needs to be understood that that applies -- Chairman Sanchez: You'll have time for rebuttal. 1 mean -- Mr. Barket: He can rebut. I mean, the law is the law. That goes to Dade County Public Schools. It's an ordinance, and it's not 1,000 miles where the crow flies, or 1, 000 feet. It's 1,000 of pedestrian feet, so they would have to walk to corners and cross through crosswalks; it's not how the crow flies, and that statute doesn't apply to the United Way school because it's not a Dade County school. Commissioner Winton: I don't think that's true, but --1 don't know the law that clearly, but 1 don't believe that that's a fact. Chairman Sanchez: All right. Mr. Maxwell: Mr. Chairman. City of Miami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: So -- Chairman Sanchez: Everybody listen -- Commissioner Winton: Excuse me. Mr. Maxwell: Mr. Chairman. Commissioner Winton: No, no, no, no. Mr. Maxwell: Mr. Chairman. Unidentified Speaker: Please. Chairman Sanchez: We got -- Mr. Maxwell: The Code sections that we're talking about, 4-10 of the City Code, one -- it's -- under distance/separation, it says, "300 feet from a church or nearer than 1, 000 feet to any public school, " and the distance is measured along the ordinary pedestrian path. Now, on whether or not a charter school is a school under this section, I would tell you that if, in fact, it is a charter school, then it is treated under the law just like any other school. Commissioner Winton: Like a public school. Mr. Maxwell: The question is whether or not this is, in fact, a charter school, and that's a question that you may want to put the staff to see what is being proposed there. Second, is it there? Has it been qualified, and then, second -- Unidentified Speaker: It's not a -- Commissioner Winton: Excuse me. Mr. Maxwell: -- how would -- Commissioner Winton: You're not on the microphone. Mr. Maxwell: -- how was the distanced certified to the City if, in fact, it's been certified? That's information you may want to put to staff Chairman Sanchez: We're doing well. Mr. Dickman: Mr. Chairman, that's also -- Commissioner Regalado: Mr. Chairman -- Ms. Galindo: Excuse me. Commissioner Regalado: -- if I may? Ms. Galindo: This is important, please. Commissioner Regalado: If I may. Chairman Sanchez: Listen, what we're going to have is control in this meeting, OK? Now, since we opened it up and there was (UNINTELLIGIBLE), I'm going to give you time for rebuttal, but City of Miami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 that -- after that, the public meeting, it is closed. We're not going to debate anymore so, counsel, you want time for rebuttal? You got it now. Mr. Dickman: Is she going to speak again? She's the applicant. Commissioner Winton: No. Ms. Galindo: The only thing is the -- Commissioner Winton: Come on. Ms. Galindo: -- facts are not correct. Commissioner Winton: Joe. Chairman Sanchez: Well -- Ms. Galindo: How can you -- Chairman Sanchez: Ma'am -- Ms. Galindo: -- judge out offacts incorrect? Chairman Sanchez: Well, I think the City Attorney corrected the language as to what it is. It's pedestrian feet, not -- Mr. Maxwell: Pedestrian ordinary -- ordinary pedestrian -- Mr. Barket: Agreed. Chairman Sanchez: Ordinary pedestrian feet. Mr. Maxwell: -- pedestrian pathway. Mr. Barket: But the school's not there now. Ms. Galindo: No, please. Mr. Barket: The school's not there. We're here -- Ms. Galindo: 1 just want to say this fact. I don't want to discuss, just a fact. The liquor -- Mr. Maxwell: I'd suggest that -- Ms. Galindo: The liquor -- Mr. Maxwell: Mr. Chairman. Chairman Sanchez: Yes. Ms. Galindo: The liquor store has a license -- Chairman Sanchez: Yes. Mr. Maxwell: I would -- City of Miami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: (UNINTELLIGIBLE). Mr. Maxwell: Madam, please -- Commissioner Regalado: Can I -- Mr. Chairman, can I -- Ms. Galindo: Oh, sorry. I'm sorry. Commissioner Regalado: -- ask you a question here? Chairman Sanchez: Hold up. Before we do that, counsel -- Mr. City Attorney. Mr. Maxwell: Yes. Commissioner, those are all pertinent questions, and questions that are necessary for you to arrive at a decision. I would suggest you may -- one of you, you or one of your colleagues -- may want to ask the staff the nature of the school and the basis for their decision as to arriving at the conclusion that the 1, 000 feet requirement had been satisfied Chairman Sanchez: OK. I need this from the staff. Lourdes, based on the language that was put forth by the City Attorney as to whether it's pedestrian traffic, from the business to the United Way -- because, right now, there's no school there -- Ms. Slazyk: Correct. Chairman Sanchez: -- is there 1, 500 feet? Ms. Slazyk: Oh, I don't know if there is to United Way, but the applicant submitted a survey showing there was not a school within the 1, 000 feet. What United Way is approved -- what this Commission approved for United Way was what they called a Center of Excellence, which was a child care facility. They are not a charter school yet. Chairman Sanchez: OK. Ms. Slazyk: I don't know if they're coming in for it. There's been a lot of talk, a lot -- you know, that they're -- Chairman Sanchez: Well -- Ms. Slazyk: -- they are. Chairman Sanchez: Listen -- Ms. Slazyk: Maybe they've made some announcements that that's their plans, but you approved a Center for Excellence, which is a child care. That's what your approval on United Way stands today, so at the time they applied the survey they submitted, which Zoning told me was reviewed by Zoning and accepted, showed that there was no school within that 1, 000 feet. Chairman Sanchez: All right, so the public hearing is closed Any questions from the dais to the administration pertaining to this matter? Sir, we're closed I mean -- Mr. Dickman: Well -- Chairman Sanchez: -- you had your chance to rebuttal. Mr. Dickman: No, I didn't, in fact. You asked staff to come up and speak -- City of Miami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Um-hmm. Mr. Dickman: -- and you let the applicant speak again, and then you said you would give me time to rebut. Chairman Sanchez: Go ahead, counsel. Mr. Dickman: So, in the interest of fairness, 1 would ask that you give me a chance to rebut it. Chairman Sanchez: You have it. Mr. Dickman: Statute 562.45 talks to a 500-foot radius distance for the consumption of alcohol away from public and private schools, in addition to your own local ordinances. 1 would also state that no survey, up-to-date survey for this particular property has been submitted If the issue of distance is critical to making this determination, none of those documents have been provided, and what you're -- Chairman Sanchez: Sir, sir, 1 believe he has a hard time hearing. Mr. Dickman: 1 know. Chairman Sanchez: So we're -- Mr. Dickman: The -- so what 1 would ask you to do is either decide against this or defer it until you get enough information. The surveys have not been in place in order to make those critical decisions and, in fact, if you want to split hairs about whether or not there is a school or isn't a school, the reality is that a school -- people are talking about putting a school there, and so what we're having is a situation where we've got a race to the ground; who's going to get in place first, so then, in other words, you may not be able to approve that school because there is a bar and liquor store within that distance, and 1 would submit to you that a school serving the community is a far better use of that area than a liquor store and a bar. Chairman Sanchez: Are you done, counsel? Mr. Dickman: Yes, sir. Thank you. Chairman Sanchez: You're quite welcome. All right. The public hearing is closed Well -- Commissioner Winton: Whose district is this in? Chairman Sanchez: My district. Commissioner Regalado: Joe. Commissioner Winton: Oh. Chairman Sanchez: That's why I get paid the big -- Vice Chairman Gonzalez: Mr. Chairman -- Commissioner Regalado: Mr. Chairman -- Vice Chairman Gonzalez: -- may 1 be recognized? City of Miami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: -- if I may? Commissioner Winton: Well, Mr. Chairman, may 1 comment before you -- Chairman Sanchez: Yeah, please. Commissioner Regalado: Go ahead. Commissioner Winton: -- just so you have the benefit -- Chairman Sanchez: Because you're not going to like what I'm going to hear -- going to say. Commissioner Winton: -- of what I'm thinking about this? You know, all this other stuff about permits, blah, blah, blah, was confusing and extraneous and irrelevant, as far as 1 was concerned because the issue is whether or not, given the complexity of this neighborhood today and the way it's changing and the way it's improving, whether or not you want to issue a variance to allow a bar to have only five parking spaces instead of 15 required, and when I first read this, I didn't know about any of this stuff, but I just -- you look at the map. You look at the neighborhood. You think about -- Chairman Sanchez: Why don't we make a motion and a second for the purpose of discussion, because it's going to be a debate. Commissioner Winton: Well, because you're -- it's your district. I'm going to -- but I just wanted you to have the benefit of my thought process, and -- Chairman Sanchez: I'll make the motion for the purpose of discussion so we could discuss it -- Commissioner Winton: OK. Chairman Sanchez: -- in a process. So move -- what is it we have to do -- what is it, a motion to approve the -- Ms. Slazyk: Right. If you want to -- Chairman Sanchez: It doesn't mean that I'm going to -- it doesn't mean I'm going to support it. It's just 1 want to open up for a discussion in a proper way, according to our Mason's Rules of Order. Ms. Slazyk: The Zoning Board granted it and the -- Chairman Sanchez: Well, no, we'll get to that. Ms. Slazyk: I know. I don't know which one -- Chairman Sanchez: You could get to -- that's -- Ms. Slazyk: -- you want to do. I can't tell you what your motion is. Chairman Sanchez: Well, the motion -- Ms. Slazyk: To approve the -- what the Zoning Board did, which is -- Chairman Sanchez: Yes. City of Miami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Slazyk: -- granting it -- Chairman Sanchez: Yes. Ms. Slazyk: -- or to reverse and deny? Chairman Sanchez: No, no. The motion to approve -- Ms. Slazyk: OK. Then what -- Chairman Sanchez: -- and then we'll -- Ms. Slazyk: -- you want to do is a motion to deny the appeal and uphold the Zoning Board. Mr. Maxwell: And that would be on both items, Commissioner? One's the special -- Chairman Sanchez: Yes. Mr. Maxwell: -- exception -- Commissioner Winton: I thought we had to vote one at a time. Chairman Sanchez: So move and we'll debate it -- Mr. Maxwell: -- and one is the variance. Chairman Sanchez: -- because it's going to -- Ms. Slazyk: Right. Chairman Sanchez: -- take a lot of debating. Ms. Slazyk: PZ 20 was the special exception and 21 was the variance, and if you want to grant and uphold what the Zoning Board did, you actually -- what you want to do is deny the appeal and uphold the Zoning Board. Mr. Maxwell: There'll be two separate votes, so you can take them separately. Chairman Sanchez: Deny the appeal. Motion. Mr. Maxwell: Deny -- Chairman Sanchez: I will -- need a second for the purpose of -- Commissioner Regalado: Second. Vice Chairman Gonzalez.: All right. We have a motion. Commissioner Regalado: Second. Vice Chairman Gonzalez: And we have a second. Discussion. Commissioner Winton: So what I was saying, as 1 looked at this neighborhood and thought about this whole issue over a bar being granted a parking variance, it made me very, very uncomfortable. 1 could understand a parking variance for a use that is truly neighborhood - oriented, and that parking would spill over into the neighborhood naturally, but the patrons of City of Miami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 that business are going to be neighborhood friendly, but a bar, on the other hand, particularly, a public bar -- I'm not talking about a club. A club is a different thing because a club -- you have to apply to get in the club, and you're going to have a like kind, and you've got internal management of your own club members, and so, if somebody's rowdy and raising hell in the neighborhood, neighborhood calls the club, and the club says, hey, hey, Winton, you go there and you go in the neighborhood and you mess -- you're out of the club. This is a public bar. There's no control over patrons whatsoever, and they will park in the neighborhood, and they are going to stumble to their car in the middle of the night, and they're going to throw their beer bottle in the swale, like we have in the Grove all the time, and whatever else they decide they might want to do on the way to their car that generally isn't very neighborhood friendly, and so, I just think that my initial -- without any -- was that that -- this is an inappropriate use to grant that particular parking variance, particularly, a variance that is so dramatic. 1 mean, what we're really saying is that no one's going to park there. Those patrons are all going to five spaces. The employees take up the five spaces. Everybody is going to park in the neighborhood. Every single patron of that bar is going to park in the neighborhood, and 1 think that it's going to create problems for you and me, and the neighborhood, and is not a smart move in this particular -- on this particular location. That was my thought process and I just wanted to share that with you. Vice Chairman Gonzalez: Commissioner Regalado, you're recognized. Commissioner Regalado: Have the City granted any -- and this is a question for the staff -- any parking variances to establishments with liquor licenses? Ms. Slazyk: Yes. In the Park West Entertainment District and up in the Media Entertainment District, and the -- west of the Omni, several were granted there. 1 don't know the number off the top of my head -- Commissioner Regalado: No, no. Just -- Ms. Slazyk: -- but, yes. Commissioner Regalado: -- I'm talking about -- this is not an unusual case. Ms. Slazyk: No. Commissioner Regalado: Anyone in the Grove? Ms. Slazyk: Yes. Years ago, before we established the Coconut Grove Parking Trust Fund, there were several granted in the Grove, and that is partly what led to the establishment of a trust fund in order to build parking for the area. Commissioner Regalado: Anyone recently in the Grove, near City Hall? Ms. Slazyk: Near City Hall? Commissioner Regalado: Yeah. Ms. Slazyk: I don't recall. Commissioner Winton: You must know one. Commissioner Regalado: I know one. Ms. Slazyk: Which one? 1 don't re -- City of Miami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: Scotty's Landing. Ms. Slazyk: Right. Commissioner Regalado: How many parking does -- Ms. Slazyk: Yeah. In that -- Commissioner Regalado: -- Scotty's Landing -- Ms. Slazyk: -- in SD-2, variances are prohibited. They have been since we established -- Commissioner Regalado: No. Ms. Slazyk: -- the trust fund. That's why they're -- Commissioner Regalado: 1 don't have any problem. I'm just asking. Ms. Slazyk: Yeah. 1 don't recall any real close by, though. Commissioner Regalado: Because -- Commissioner Winton: But he's saying -- suggesting Scotty's Landing, so use that as an example. Ms. Slazyk: Oh, Scotty's. Commissioner Regalado: I'm using that as an example. They don't have parking. Ms. Slazyk: OK. Right. That may have been years ago, but in SD-2 and 17, they're not allowed anymore so -- but it -- if it -- Commissioner Regalado: But they recently -- Ms. Slazyk: -- was, it was be -- yeah. Commissioner Regalado: But they recently got -- Ms. Slazyk: It might have been a while. Commissioner Regalado: -- the liquor license. That's my point. Ms. Slazyk: There are different types of liquor licenses. If someone gets one with food, if they're a restaurant and the food is subordinate to it, it's a little different than a bar but, yes, there have been. Commissioner Winton: Plus, the patrons park in my parking spot here and there's no -- Commissioner Regalado: And mine -- Commissioner Winton: -- there's no res -- Commissioner Regalado: -- and mine, too. City of Miami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: -- there are no -- Commissioner Regalado: And mine, too. Commissioner Winton: -- there are no residences here, so -- Commissioner Regalado: And mine, too. No, but, Johnny, I'm just making a point to -- I'm trying to understand if this is an unusual situation, and it seems to me there is -- it's not. The other comment is, 1 really respect Commissioner's district and it's -- the impact falls on the Commissioner's area. All I can say is that I -- the first time when 1 was taken out of the Peter Pan camp, 1 came to live in the Coral Way area, 1961. I've lived in the Coral Way area since 1961. Coral Way and 23rd, Coral Way and 22nd, Coral Way and 28th Road, and now, I live in 20th Street and 24th Avenue, so it's a long, long time. I remember the movie theater across that restaurant or bar. 1 remember everything that was there, and 1 always thought and remember that that was a bar and, to me, that was --1 never went in, but that was a bar, so that's just a thought I want to understand. The other thing that I want to ask is what is the criteria that the Planning Department used to grant -- to recommend approval with conditions? That -- Ms. Slazyk: OK Commissioner Regalado: What are the conditions? Ms. Slazyk: On the variance -- and I'm actually glad you asked --what the criteria for the variance is is that the -- it has to be shown that there is special conditions and circumstances exist which are peculiar to the land structure or building involved, and are not applicable to other land structures or buildings in the same zoning district, and that's where we go to what I had put on the record earlier, the fact that it is an existing building structure. It's not just that there's something wrong with the land. We can look to existing buildings and structures that were built years ago, prior to the zoning requirements that we have in place today, and the hardship is that those buildings, especially in a situation when they're on a primary commercial corridor, should not be forever condemned to be what they were when they were built because our parking ordinances have changed, so when you look at existing buildings that you want to encourage adaptive reuse, and you want to encourage other mixes of uses on a commercial corridor, like Coral Way, this is very much considered a hardship, and that is why we recommended approval. Commissioner Regalado: OK. Chairman Sanchez: Lourdes, are we doing this for any other businesses in the City of Miami? Ms. Slazyk: There have been, like 1 said -- I just told Commissioner Regalado moments ago, there are other businesses that have come in under this exact same hardship criteria; the adaptive reuse of buildings in the Park West Entertainment District, up in the Omni area, and 1 was just reminded about another one on Coral Way, La Bodegita, 1 think. I think they got one, too, so it's -- what happens is buildings -- especially in neighborhoods like this that were built so many years ago before parking was a requirement -- we grandfather them today at a rate of what they were when they opened a retail establishment, at a 1 to 300. That means they could never be anything else without a variance because there is no parking, and that's kind of -- that's not in keeping with the vision of trying to create a mixed commercial corridor, like Coral Way. Therefore, that is a hardship because they have no choice, or to -- or the only other choice is to buy the land next to them and tear down a building to build a parking lot, and that's not really the vision of Coral Way, so that's why we recommended approval. Commissioner Regalado: Well, surface parking is not allowed in Coral Way. City of Miami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Slazyk: Not right on the frontage, you're right. They'd have to build something in front of it, and then that would require parking, and it begins to snowball, so we consider that a hardship, and it does limit reasonable use of a property, given that it is on a mixed commercial corridor because, whether they were a bar or a restaurant, the I to 100 parking space would kick in, so they'd never be able to be a food establishment, you know, or a bar. They wouldn't even be able to be a cafe or a restaurant because they wouldn't be able to meet a 1 to 100 parking requirement. Vice Chairman Gonzalez: Lourdes. Ms. Slazyk: It's a 1,500 square foot establishment. Vice Chairman Gonzalez: Excuse me. I don't know if I understood correctly. You said that for a bar or a restaurant, 100 parking spaces are required? Ms. Slazyk: No. One space for every 100 square feet. This particular establishment is 1,500 square feet and, at 1 to 100, they're required 15 spaces, so the hardship that we're looking at is not even so much related to the use; it's the hardship of any business trying to come in there that has a parking requirement of over 1 to 300. They'd be at a hardship to be able to convert to a food establishment. Even a beauty salon requires more than 1 to 300, so they wouldn't be able to be that, and that's what we consider the hardship. The hardship is attached to the building involved, and the hard -- and these circumstances do not exist from the actions of the petitioner. It was built well before they moved in. Vice Chairman Gonzalez: All right. Ms. Slazyk: So we feel that hardship was met. Chairman Sanchez: Lourdes, 1 take your recommendation very seriously. I think that I have probably voted against your recommendation, in the last six years, maybe a handful that 1 have voted against you. This is a very sensitive -- neighborhood -sensitive issue, both on the residents and both on the owners who own that property, who are also residents of District 3 and, then again, on the other hand, the owners, who have put a lot of money into a business to restore business in the hopes of opening it up. Now, let me tell you what my concerns are: 1 hate to be put in a situation like this, in the situation where they have basically obtained all -- approved by Zoning and Board -- they have obtained all the inspections. They were ready to open up months ago and operate and, for whatever reasons, for the hardship and the other matters, they have not been able to open. Now, taking into consideration also the neighborhood that's impacted by it, with the problems of traffic and the businesses that are there, 1 could also understand everybody's point of view here, but I think history speaks for itself. That area there where they have -- new businesses have come and expanded and we continue to assist these businesses in parking and assistance to get all the requirements so they could open up and be a part of the economics of the community, and be a part of the workforce of the community, which is all fine and dandy, but the situation that I'm put here now is that basically we have to dictate based on what the law states, and the only concern that 1 have is that it's not about the history of the bar. People could dispute that there was a bar, it was a private club. I've lived there most -- most of my life, I've lived in that neighborhood 1 know it was a bar at one time and, at one time, it was a club where you either had to call or knock on the door, then they opened and let you in -- not that I ever attended, but I know the area very well and, today, it's going to be a business that, yeah, it's going to attract people to come in. It's going to be a bar, just have a lot of other supper clubs and nightclubs have opened up in businesses, but / could honestly understand the concern that the residents have. My greatest concern right now is that -- and not that it hasn't been stated -- is 1 need someone to tell me on the record that even though there's not a child care center, or an excellence center, whatever, I need to make sure that it's not 1,005 [sic] feet from that establishment. City of Miami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Maxwell: Just state into the record Chairman Sanchez: I need someone to put that on the record because that continues to linger in my mind that I cannot support an establishment like that knowing that it's 1, 500 feet from a public school, private school, charter school, child care center of excellence. Ms. Slazyk: Here is the survey that was submitted that shows that it complies with what's there today. Again, we're not talking United Way becoming a charter school because, as of the time that this was done, that was not a school, so -- Chairman Sanchez: It is not a school. Ms. Slazyk: No. Chairman Sanchez: 1 mean, there was talk about it, and that's -- Ms. Slazyk: There was talk but it -- Chairman Sanchez: -- the future plan, but they -- Ms. Slazyk: But here's the survey. Chairman Sanchez: -- could come back and say, we're not going to put the school there. Ms. Slazyk: Right, and Zoning confirmed that it complies. Mr. Maxwell: Could you enter that into the record, please, Ms. Slazyk? Ms. Slazyk: To the Clerk? Unidentified Speaker: That's not the answer. Mr. Maxwell.: That -- please, to the City Clerk. Chairman Sanchez: Well, is it -- Ms. Slazyk: Yeah. It -- Chairman Sanchez: I need to know and, once again, you know -- Ms. Slazyk: 1s this our only copy? Unidentified Speaker: That's not the answer. Mr. Maxwell: You didn't make a copy -- Chairman Sanchez: Doctor, please, you're out of order. Mr. Maxwell: Excuse me, Mr. Chairman. May I -- just a procedural point. I'm advising the City to introduce that -- Ms. Slazyk to introduce that into the record, and I just advised them that once it's into the record, a copy can be made and they can retain the original, so they were hesitating on that, but it needs to go into the record Vice Chairman Gonzalez: All right. City of Miami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: No, no, no, no. We need -- I -- Commissioner Winton: What -- Chairman Sanchez: I think we need to clarify the 1, 500 feet from the United Way, and we need to clarify and somebody needs to put on the record that, as it is right now, there was just a discussion as to what they were going to do, and it isn't approved or -- that they're going to be having that because, 1 mean, that plays an important role, how I'm going to vote on this, to be honest with you. Ms. Slazyk: Let me be real clear. We do not know the distance from United Way because it was not required to be submitted because that is not a school today, so I can't tell you that it's less than 1, 000 feet, which is the required distance from a school. Commissioner Winton: Not 1,500. Ms. Slazyk: I have no confirmation of that because it wasn't required. Chairman Sanchez: Well, 1, 000 feet. Ms. Slazyk: It's 1,000, yeah, and 1 can't tell you that it's -- it may be closer than 1,000 to United Way. Chairman Sanchez: I just think that my morale will tell me -- and not my morale, but just my conscience would tell me that having, you know, the future -- although, it has not been approved, but if there's going to be a -- such an institution there, that maybe that's not the place to have a bar. 1 mean, that's -- Ms. Slazyk: Yeah. One of the things the Commission may consider is, remember, you can approve, deny or modify what the Zoning Board did. If your concerns are simultaneous hours of operation with a, you know, facility of some kind nearby, you can impose, as conditions, limited hours of operation, if you want to make sure that the hours of operation -- Chairman Sanchez: Well, 1 don't -- Ms. Slazyk: -- don't coincide. Chairman Sanchez: Listen, 1 don't want to be putting any conditions on anybody. Ms. Slazyk: OK Chairman Sanchez: I think those should be covenants between the establishment and the attorney, or the homeowners. I mean, 1 don't get involved in that. / just -- I'm very concerned how this has come before me and us where, you know, it's approved by the Planning & Zoning, and it has all the inspections. I mean, the business is ready to go, based on what's in front of us, and now, you know, we're basically going to tell them, whatever the vote may be, either to approval or deny. You know, I'm just -- Mr. Maxwell: Mr. Chairman. Chairman Sanchez: -- very hard situation. Counsel. Mr. Maxwell: Mr. Chairman, if I may be of assistance. You seem to be troubled by the school issue, and I can suggest to you that there -- if there is not a school there at this time, if they don't City of Miami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 have a valid charter --1 don't know if they do -- if they don't have one at this time, then I don't think it would be proper for you to deny an application based on -- Vice Chairman Gonzalez: There's no school. Mr. Maxwell: -- the possibility that a school may go there at some point in the future, and right now, unless Mr. Dickman can provide evidence to the contrary, the record seems to support the fact that even though a child care center has been approved -- and that's without question -- that's not an elementary or secondary school, as required under the law for such an exemption. Chairman Sanchez: All right. We're ready to vote. Ms. Slazyk: And one other thing, just for the record A school would not be precluded from coming in within the distance requirement. Whereas, if the school is there first, the bar can't come in; if the bar is there first, the school can still come in, so -- Chairman Sanchez: All right. Ms. Slazyk: -- a school would not be precluded. Vice Chairman Gonzalez: All right. Chairman Sanchez: Call the question. Vice Chairman Gonzalez: Any further discussion? Chairman Sanchez: State the motion for the record. Vice Chairman Gonzalez: OK. We have a motion to deny the appeal on PZ.20. Do -- Mr. Maxwell: And uphold the -- Vice Chairman Gonzalez: -- we have a second? We have a motion and a second. Yes, Mr. City Attorney. Mr. Maxwell: OK, just -- you are denying the appeal and upholding the decision of the Zoning Board granting the special exception for the bar, correct? Chairman Sanchez: Roll call. Vice Chairman Gonzalez: Correct. Roll call. Ms. Thompson: Roll call. Vice Chairman Gonzalez: Ms. City Clerk. Ms. Thompson: Commissioner Winton? Commissioner Winton: No. Ms. Thompson: Vice Chair Gonzalez? Vice Chairman Gonzalez: No. Ms. Thompson: Commissioner Regalado? City of Miami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: No. Even though it would have been tied, it dies. Ms. Thompson: The -- Mr. Maxwell: You need a motion to -- that -- Ms. Thompson: That motion fails. Mr. Maxwell: -- motion failed. Now a motion -- the reverse motion -- Chairman Sanchez: It would have failed if -- Mr. Maxwell: -- would be -- Chairman Sanchez: -- it was tied anyway. Mr. Maxwell: The reverse -- Vice Chairman Gonzalez: It would tie anyway. Mr. Maxwell: This was -- that was a 3/1 or 2/2? I'm sorry. Chairman Sanchez: Yeah, but if it was 2 -- Commissioner Winton: 3/1. Ms. Thompson: It was 3/1. Commissioner Regalado: Oh. Mr. Maxwell: Now, you need a motion to -- a reverse motion, if you want to deny it. Ms. Slazyk: You need a motion granting the appeal and reversing the Zoning Board Commissioner Regalado: OK. Commissioner Winton: I'll make the motion. Vice Chairman Gonzalez: OK. We have a motion. Do we have a second? Chairman Sanchez: Second Vice Chairman Gonzalez: We have a motion -- Mr. Maxwell: This is a motion reversing -- Vice Chairman Gonzalez: -- and a second. Roll call. Mr. Maxwell: Just so we're clear on this one, this is a motion reversing the decision of the Zoning Board and granting the appeal, thereby, denying the special exception for the bar. City of Miami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Vice Chairman Gonzalez: Denying the special exception. Roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: Then that motion passes 3/1. PZ.21 04-00953a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, OFFSTREET PARKING REQUIREMENTS FOR BARS, ZONED "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT, TO WAIVE TEN (10) OF THE REQUIRED FIFTEEN (15) PARKING SPACES, FOUR (4) SPACES PROVIDED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1252 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A." THIS VARIANCE WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) IF THE STRUCTURE FOR WHICH THE VARIANCE IS GRANTED TERMINATES FOR ANY REASON, INCLUDING AN ACT OF GOD, THE VARIANCE SHALL TERMINATE, AND 2) RECORDATION OF THESE CONDITIONS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-00953a Exhibit A.PDF 04-00953a Legislation b.PDF 04-00953a Fact Sheet.pdf 04-00953a Legislation a.PDF 04-00953a Plans.PDF 04-00953a Application & Supp Docs.PDF 04-00953a ZB Reso.PDF 04-00953a Analysis.PDF 04-00953a Appeal Letters.PDF 04-00953 & 04-00953a Aerial Map.pdf 04-00953 & 04-00953a Zoning Map.pdf City of Miami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Motion by Commissioner Winton, seconded by Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Noes: 1 - Commissioner Regalado Joel Maxwell (Deputy City Attorney): You have now the -- Lourdes Slazyk (Assistant Director, Planning & Zoning): The variance. Mr. Maxwell: -- item of the variance. Vice Chairman Gonzalez: OK. On PZ21, I'm ready to entertain a motion to -- this would be to deny the variance, right? Ms. Slazyk: Right, to grant the appeal and reverse the Zoning Board, thereby, denying the variance. Vice Chairman Gonzalez: OK. Chairman Sanchez: It still would have been tied (INAUDIBLE). Vice Chairman Gonzalez: We need a motion to grant the appeal or to deny the appeal. Commissioner Winton: Move it. Mr. Maxwell: You said move it. What the Commissioner just said, we need a motion to -- Commissioner Winton: Oh. Commissioner Gonzalez: What do you want to move? Mr. Maxwell: -- grant or deny, so which one? Commissioner Winton: I wasn't paying attention there. To be consistent with the prior vote, whatever that was. Ms. Slazyk: You want -- Vice Chairman Gonzalez: OK. Actually -- Ms. Slazyk: You want to grant -- Commissioner Winton: Whichever -- Ms. Slazyk: -- the appeal. Commissioner Winton: Grant -- Ms. Slazyk: Grant the appeal -- Commissioner Winton: -- to grant the appeal. Chairman Sanchez: Counsel -- Ms. Slazyk: -- and deny -- City of Miami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: I move -- Vice Chairman Gonzalez: OK. Commissioner Winton: My motion is to grant the appeal. Vice Chairman Gonzalez: OK. We have a motion to grant the appeal. Do we have a second? Chairman Sanchez: Second Vice Chairman Gonzalez: And we have a second Chairman Sanchez: But before we do that, counsel, even if it's a tie, it still -- it's defeated, right? Mr. Maxwell: If it -- at this point -- because, remember, in the very beginning, I talked about them being -- Chairman Sanchez: We --- Mr. Maxwell: -- relying on one another? At this point, the only practical decision -- the only thing you could really do to be consistent with what you voted on earlier would be to reverse the decision of the Zoning Board -- Chairman Sanchez: We understand that. That's not my question. My question is, if it's a 2/2 tie, it still dies. It's -- Mr. Maxwell: That's no action. Chairman Sanchez: Yeah, no action. Mr. Maxwell: That's no action. Commissioner Gonzalez: All right, so we have a motion and we have a second. Roll call, Mr. City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: Then that motion passes 3/1. Vice Chairman Gonzalez: All right. City of Miami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Is that it? Mr. Maxwell: That's it. Ms. Sanchez-Pando: (UNINTELLIGIBLE) know what pass. Chairman Sanchez: Huh? Ms. Sanchez-Pando: What passed? Commissioner Winton: Why is she talking? Vice Chairman Gonzalez: What is the problem now? Chairman Sanchez: What -- Ms. Sanchez-Pando: You grant what -- because if you grant this, that means the other doesn't happen. Chairman Sanchez: You're -- Commissioner Winton: Mr. Dickman -- Chairman Sanchez: Doctor, doctor, doctor. Vice Chairman Gonzalez: What is the problem now? Commissioner Winton: -- would you take your client -- Chairman Sanchez: Somebody's going to explain it to you, sweetheart. Commissioner Winton: -- outside and explain it to her? Chairman Sanchez: You're out of order, sweetheart. Commissioner Winton: Totally out of order. Chairman Sanchez: Somebody will explain it to you. You're out of order. Vice Chairman Gonzalez: She's always creating a problem. Chairman Sanchez: I mean -- Commissioner Winton: Take her out. Chairman Sanchez: You're out of order. Somebody will explain it to you. Counsel, you're getting paid the big bucks. Explain to your counsel what happened. Commissioner Winton: Jesus. Ms. Slazyk: PZ22 -- no. Chairman Sanchez: Hold on. Don't we have a CRA (Community Redevelopment Agency) item that we had to bring up? OK, let's do that. Let's recess this meeting and call -- yeah. We need City of Miami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 some coffee for sure. Mr. Maxwell: You're recessing -- Chairman Sanchez: Let's -- The CRA meeting is called to order. 1 believe the gavel will be passed to the Vice Chair. Mr. Maxwell: Mr. Chairman -- Commissioner Winton: What am 1 doing? Mr. Maxwell: Chairman. Chairman Sanchez: Yes. Mr. Maxwell: Mr. Chairman, you are formally recessing the zoning -- the Planning & Zoning agenda, correct? Chairman Sanchez: Yes, sir, and then we'll bring it back to order as soon as we're -- Mr. Maxwell: OK. Chairman Sanchez: -- done with the CRA. Commissioner Winton: As a part of the Commission meeting? PZ.22 04-00729 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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 DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2957, 2981, AND 2983 SOUTHWEST 38TH COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00729 SR Fact Sheet.pdf 04-00729 Analysis.PDF 04-00729 Zoning Map.pdf 04-00729 Aerial Map.pdf 04-00729 ZB Reso.PDF 04-00729 Application & Supp Docs.PDF 04-00729 Legislation.PDF 04-00729 Exhibit A.PDF 04-00729 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-2 Two -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas City of Miami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 LOCATION: Approximately 2957, 2981 and 2983 SW 38th Court APPLICANT(S): Premier Luxury Investments, LLC APPLICANT(S) AGENT: Maria Gralia, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 6-2. PURPOSE: This will change the above properties to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Regalado Absent: 1 - Commissioner Gonzalez 12593 Vice Chairman Gonzalez: OK. Now, we'll reconvene the Planning & Zoning meeting. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. PZ.22 -- Vice Chairman Gonzalez: PZ.23. Ms. Slazyk: This is a second reading ordinance for a change -- Commissioner Regalado: PZ 22 or 23? Vice Chairman Gonzalez: 23. Commissioner Winton: No, 22. Commissioner Regalado: No, 22. Vice Chairman Gonzalez: 22? Ms. Slazyk: 22. Jorge L. Fernandez (City Attorney): 22. Ms. Slazyk: PZ 22 -- Vice Chairman Gonzalez: OK. Ms. Slazyk: -- is a second reading ordinance for the property 2957, 2981 and 2983 Southwest 38th Court. This was to add the SD-I2 buffer overlay district to these properties so that they can be used for surface parking, with the adjacent commercial property. It was recommended for approval to the City Commission, and it passed on first reading July 22nd. Vice Chairman Gonzalez.: All right. This is a public hearing. Do we have anybody to speak in favor or against this item? OK. Hearing none -- yes, ma'am. City of Miami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Maria Gralia: I'm here in favor of the item, but I -- Priscilla A. Thompson (City Clerk): I'm sorry. Ms. Gralia: -- will -- Ms. Thompson: I'm sorry. I'm sorry, Chair. Vice Chairman Gonzalez: Your name and address for the record Ms. Thompson: Chair, Chair, I'm sorry. She's not been sworn in, so we do need to swear her in. Vice Chairman Gonzalez: OK. Ms. Thompson: OK. Thank you. Please raise your right hand. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Ms. Gralia: Maria Gralia, 201 South Biscayne Boulevard. Like Lourdes said, it has been approved at first reading. Unless there is any -- we haven't had any opposition. I'm only here to offer any rebuttal in case there is some opposition. Vice Chairman Gonzalez: Thank you, ma'am. OK. Public hearing is closed. This is Commissioner Sanchez's district. Chairman Sanchez: Which item is that? Vice Chairman Gonzalez: 22. Commissioner Regalado: No. That's Johnny -- Vice Chairman Gonzalez: No. Regalado, no? Commissioner Regalado: Johnny. Commissioner Winton: That's mine? Commissioner Regalado: Yeah. Vice Chairman Gonzalez: No, no. It's 2161 Southwest 6th Street. Commissioner Regalado: No, no, no, no, no, no, no, no. Ms. Slazyk: 22 is 2957 Southwest 38th Court. Commissioner Regalado: It's Johnny's. Commissioner Winton: And we approved that last time? Ms. Slazyk: Yes. It was approved on first reading. City of Miami Page 11 o Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Vice Chairman Gonzalez: What item are we on? Commissioner Winton: Why did we do that? Commissioner Regalado: 22. PZ (Planning & Zoning) -- Vice Chairman Gonzalez: We're in 22, right? Commissioner Winton: Refresh my memory. Commissioner Regalado: Yeah. That's -- Commissioner Winton: Because 1 looked at this again, you know, when 1 was -- Vice Chairman Gonzalez: What 1 have for 22 -- Commissioner Winton: -- going through my agenda and, 1 said, "Why are we doing this?" Ms. Slazyk: This is SD-12. What it does is it allows them to use this for surface parking as a buffer between the commercial zoning on Bird Road and the residential zoning behind it. They still have to come back for a special exception to actually use it so, at that time, we can request all the landscaping buffers and the wall, and all the things that they need to do. Commissioner Winton: And that's what the agreement was, right? Ms. Slazyk: Yes. Commissioner Winton: Now 1 remember. Ms. Slazyk: Yeah. They need it anyway. Commissioner Winton: Yeah. Ms. Slazyk: Whether they agree or not. Vice Chairman Gonzalez: OK. Commissioner Winton: And that has to come back before us? Ms. Slazyk: No. It'll go to the Zoning Board, unless it's appealed. If it's appealed, then it'll come here. Commissioner Winton: Well, who's going to pay attention to the Zoning Board? Ms. Slazyk: We do design review on it. Commissioner Winton: OK. Ms. Slazyk: It'll go through a design review process. Commissioner Winton: Because that's the issue. Ms. Slazyk: Yes. Commissioner Winton: 1 mean, those buffers -- City of Miami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Vice Chairman Gonzalez: 1-- Commissioner Winton: -- are absolutely crucial in how that -- Ms. Slazyk: The Code requires a minimum of 20 on the frontage on 38th Court. There's a minimum 20-foot landscape buffer there and then, through the special exception, we will do design review on where they abut the residential on the other two sides. Commissioner Winton: But was there -- Vice Chairman Gonzalez: Mr. Chairman. Commissioner Winton: -- a hardship here? What was the issue? I forget. Ms. Slazyk: Well -- Chairman Sanchez: Johnny, before -- Commissioner Winton: I'm sorry. Yes, sir. Chairman Sanchez: -- we do, let's -- Commissioner -- Vice Chairman Gonzalez: Can we -- Chairman Sanchez: -- Vice Chairman Gonzalez has a different -- Vice Chairman Gonzalez: I have a different PZ.22. 1 have a PZ 22 at approximately 2143, 2161 Southwest 6th Street and 2160 Southwest 5th Street. Chairman Sanchez: Now, we need to correct that. That's not the PZ item in front of us. Commissioner Winton: I have that one in my -- somewhere. Commissioner Regalado: No, that's 26. In mine, it's 26. Commissioner Winton: Mine's 26 also. Ms. Slazyk: Yeah. It's 26 on mine. Vice Chairman Gonzalez: OK. I have it as a 26, too, so 1 have -- Chairman Sanchez: All right. Vice Chairman Gonzalez: -- two 22s and two 26s. Chairman Sanchez: OK. Let's clam this so we can move on. 1 mean, we got tied up on a PZ item. 1 think we could -- Ms. Slazyk: Let me -- Chairman Sanchez: -- pass through the rest and then, of course, we have time -- Ms. Slazyk: Let me give you my 22 so you -- City of Miami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: -- certain at 5 and 6:30. Ms. Slazyk: Let me give you my 22 so you can see. Chairman Sanchez: OK. It's a second reading ordinance. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: PZ 22. Ms. Slazyk: And, yes -- and just to answer -- Chairman Sanchez: Madam Director, have you stated for the record? Ms. Slazyk: -- Commissioner Winton, no hardship was required because this is a change of zoning to add the overlay. What the applicant did at first reading was they showed that that they were planning a project, and they were going to use this for surface parking. Chairman Sanchez: All right. Ms. Slazyk: But like I said, it has to come back. Commissioner Winton: What was the project? Ms. Slazyk: I believe it was a residential with some mixed use. Commissioner Winton: Oh, that's right. Ms. Slazyk: Yeah. Commissioner Winton: OK. I'm clear. I get it. Because that wasn't in here and I just couldn't -- 1 could not refigure out why we were doing that. Ms. Slazyk: Right, but they do have to come back, so -- Commissioner Winton: OK. Chairman Sanchez: OK. It is a public hearing. It is open to the public. Anyone from the public wishing to address this item, please step forward and be heard. Hearing none, seeing none, the public hearing is closed. Commissioner Winton: Didn't she want to -- Mr. Fernandez: She's spoken already. Chairman Sanchez: Ma'am, did you want to speak on this item? Ms. Gralia: Not unless you have (UNINTELLIGIBLE). Chairman Sanchez: Oh, no, no. Are you the applicant? Ms. Gralia: I'm the applicant. Commissioner Winton, if you have any questions that you'd like to ask me, I'd be more than happy to answer them. Commissioner Winton: Yeah. What are you putting there? I've forgotten. City of Miami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Gralia: It's a -- Chairman Sanchez: State your name for the record, ma'am, please, your address, your sign, your blood type. Ms. Thompson: She did already. Ms. Gralia: I did. Maria -- Ms. Thompson: She did already, Chair. Ms. Gralia: Maria Gralia, 201 South Biscayne Boulevard. It's basically -- Chairman Sanchez: Sign and blood type, please. No. I'm only kidding. Ms. Gralia: I don't know it. It's a mixed use residential retail and we need the surface parking for the retail portion of it only. The residential has the parking. It would be underground. We have only preliminary at this point. Like Lourdes explained, we would have to come back for a special exception to be allowed to develop the property. Commissioner Winton: And we didn't have any -- we had no opposition to this. Lourdes, we had no opposition last time, did we? Ms. Gralia: No. Ms. Slazyk: I don't think so, no. Ms. Gralia: No. Commissioner Winton: I don't either. OK. All right. Move it. Chairman Sanchez: All right. There's a motion on the ordinance. Commissioner Regalado: Second. Chairman Sanchez: There's a second It is open for discussion. Hearing none, Mr. City Attorney, read the ordinance on second reading. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. Ms. Gralia: Thank you. Chairman Sanchez: PZ 23 -- Thank you, ma'am. PZ.23 04-00673 ORDINANCE Second Reading City of Miami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, TO MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING REQUIREMENTS RELATED TO HEIGHT, SETBACK AND PARKING LIMITATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00673 SR Fact Sheet.pdf 04-00673 PAB Reso.PDF 04-00673 Legislation - Modif.PDF 04-00673 Legislation.PDF 04-00673 FR Fact Sheet.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 June 2, 2004 by a vote of 7-1. PURPOSE: This will modify height, setback and parking limitations to properties on the SD-9 Biscayne Boulevard North Overlay District. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Regalado Absent: 1 - Commissioner Gonzalez 12594 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.23 is a second reading ordinance. These -- this is the Part 11 of the SD-9 amendments. I was asked by some of the neighbors to just recap real quickly for the record. What this does is it institutes more strict height requirements where the rear of SD-9 properties abut R-1 or R-2 districts. Instead of starting at that 45-foot height at the rear setback point, not at the property line, they can only go up to -- a developer may only build up to 25 feet at that point, and then they have to cut it up at a 45-degree angle toward the boulevard. The previous section of what we amended this to read said that regardless of your configuration, your boulevard is your front, and this also says specifically, Where properties within SD-9 abut R-1 or R-2 zoning districts, such properties shall have a maximum height limitation of 25 feet at the rear setback point or whatever property line abuts the R-1 or R-2 zoning district, from which no building height shall be allowed above a 45-degree angle line, " and I think they just wanted to make sure that that's what -- Commissioner Winton: So move. Ms. Slazyk: -- this did, and it's in the record. Chairman Sanchez: OK. It is a public hearing. Anyone from the public wishing to address this City of Miami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 issue, please step forward and address the Commission. Seeing none, hearing none, the public hearing is closed. We need a motion from the Commission. Commissioner Winton: So moved again. Commissioner Regalado: Second. Chairman Sanchez: So moved by Commissioner Winton. It's an improper motion, sir. Read your book. There's a second. It is open for discussion. Hearing none -- Commissioner Winton: I stand corrected. Chairman Sanchez: -- it's a City ordinance. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Attorney -- I mean, Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. Chairman Sanchez: Roll call. Ms. Thompson: Commissioner Regalado: Commissioner Regalado: Yes. Ms. Thompson: Commissioner Winton? Commissioner Winton: 1 just have one comment. 1 want to know, Commissioner Sanchez, if you read Robert's Rules of Order all weekend? Chairman Sanchez: Sir, let me tell you, it is great reading material when you're in the bathroom. Commissioner Winton: Yes. Chairman Sanchez: And it is there in my bathroom now, and every -- Commissioner Winton: My vote is yes. Chairman Sanchez: -- time that I get a chance, 1 read it. Ms. Thompson: And then Chairman Sanchez? Chairman Sanchez: Yes, ma'am. Ms. Thompson: The -- I'm sorry. The ordinance is adopted on second reading, 3/0. PZ.24 04-00572 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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622, 1630 AND 1632 NORTHWEST City of Miami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 22ND AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00572 FR Fact Sheet.pdf 04-00572 Analysis.PDF 04-00572 Land Use Map.pdf 04-00572 & 04-00572a Aerial Map.pdf 04-00572 & 04-00572a Miami Riv Comm Recomm.PDF 04-00572 PAB Reso.PDF 04-00572 Applicaiton & Supp Docs.PDF 04-00572 Legislation.PDF 04-00572 & 04-00572a Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " High Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1622, 1630 and 1632 NW 22nd Avenue APPLICANT(S): 1622 Investment Corp., Castille Group Inc. and Brent Peebles APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 7-1. See companion File ID 04-00572a. PURPOSE: This will change the above properties to High Density Multifamily Residential. DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to DEFER item PZ. 24. (Minutes for PZ24 & PZ.25 are below.) Ben Fernandez: Commissioner, I have one more item, PZ24. The applicant is 1622 Investments Corp. and Castille Group, Inc. The -- this is an application that staff commented on previously. Their concern was with access onto North River Drive. We -- in order to address those concerns, we would ask that you indefinitely continue this matter. We intend to amend the application, bring in additional land, and bring it back to you, and so we would ask that you indefinitely continue it and allow us with leave to amend our application. City of Miami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: So you are respectfully requesting a continuance? Mr. Fernandez: Yes. Chairman Sanchez: Any further date -- any future date? Indefinitely? Mr. Fernandez: Indefinitely, until we have an opportunity to -- Chairman Sanchez: OK. Mr. Fernandez: -- amend our application. Chairman Sanchez: Is there a motion? Vice Chairman Gonzalez: Mr. Chairman, I move to continue the item. Priscilla A. Thompson (City Clerk): Mr. Chairman. Chairman Sanchez: There's a motion. Is there a second? Commissioner Regalado: What item is this? Vice Chairman Gonzalez: 24. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is PZ.24 and 25. 1 just want to put on the record -- make sure the applicant understands that deferring it indefinitely means it would have to be completely re -advertised at their cost. Mr. Fernandez: Yes. Chairman Sanchez: Counsel, are you -- Mr. Fernandez: It's not a problem. Chairman Sanchez: -- aware of that? Mr. Fernandez: Yes. Chairman Sanchez: And you are in agreement? Mr. Fernandez: Yes. Chairman Sanchez: OK. There's a motion. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: It's a second. It's open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, please step forward, say "nay." It passes unanimously. Mr. Fernandez: Thank you. City of Miami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Thompson: Chairman, I just -- Commissioner Regalado: Mr. Chairman, Mr. Chairman. Ms. Thompson: If I might, just one question on this one. We want to make sure. The motion was for PZ24 -- Chairman Sanchez: 24 and 25. Ms. Thompson: -- and 25. Vice Chairman Gonzalez: And 25. Chairman Sanchez: Yes, ma'am. Ms. Thompson: Thank you. Commissioner Regalado: On -- Chairman Sanchez: And it's -- Commissioner Regalado: Mr. Chairman. Chairman Sanchez: -- so been stated on the record. PZ.25 04-00572a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 25, 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-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622, 1630 AND 1632 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00572a FR Fact Sheet.pdf 04-00572a Analysis.PDF 04-00572a Zoning Map.pdf 04-00572 & 04-00572a Aerial Map.pdf 04-00572 & 04-00572a Miami Riv Comm Recomm.PDF 04-00572a ZB Reso.PDF 04-00572a Application & Supp Docs.PDF 04-00572a Legislation.PDF 04-00572 & 04-00572a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-4 Multifamily High-Denisty Residential to Change the Zoning Atlas City of Miami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 LOCATION: Approximately 1622, 1630 and 1632 NW 22nd Avenue APPLICANT(S): 1622 Investment Corp., Castille Group Inc. and Brent Peebles APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-1. See companion File ID 04-00572. PURPOSE: This will change the above properties to R-4 Multifamily High - Density Residential. DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to DEFER item PZ 25. (Minutes for PZ 25 can be found under PZ24.) PZ.26 04-00573 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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2143 AND 2161 SOUTHWEST 6TH STREET AND 2160 SOUTHWEST 5TH 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. 04-00573 FR Fact Sheet.pdf 04-00573 Analysis.PDF 04-00573 Land Use Map.pdf 04-00573 & 04-00573a Aerial Map.pdf 04-00573 PAB Reso.PDF 04-00573 Application & Supp Docs.PDF 04-00573 Legislation.PDF 04-00573 & 04-00573a Exhibit A.PDF 04-00573-submittal-liquor survey.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 City of Miami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 LOCATION: Approximately 2143 and 2161 SW 6th Street and 2160 SW 5th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 6-2. See companion File ID 04-00573a. PURPOSE: This will change the above properties to Restricted Commercial. DENIED A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to DENY item PZ 26. Chairman Sanchez: All right. PZ 24 is an ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): 24 -- Commissioner Regalado: That's deferred. Ms. Slazyk: -- and 25 were deferred, so we're -- Chairman Sanchez: All right. It has been deferred. PZ25. Priscilla A. Thompson (City Clerk): 26. Ms. Slazyk: That was deferred, as well. Chairman Sanchez: That was deferred, as well. All right. Moving right along, PZ 26 is an ordinance, first reading? Ms. Slazyk: Yes. PZ26 and 27 are companion items. This is for the properties 2143 and 2161 Southwest 6th Street and 2160 Southwest 5th Street. This is requesting a change from medium density multifamily residential to restricted commercial, and R-3 to C-1 on the companion zoning change. It was recommended for denial by the Planning and Zoning Department, denial by the Planning Advisory Board, and denial by the Zoning Board. Again, if you look at your -- the maps in your package, you can see that we consider this a commercial intrusion into a residential area. Chairman Sanchez: All right. Anyone from the public wishing to address this item, please step forward Anyone in support, in opposition? If not, the applicant, you have the floor. Simon Ferro: Good afternoon, Mr. Chair, members of the board Simon Ferro, 1221 Brickell. 1 represent the applicant. Today with me also is Mr. Salomon Sutton, who is the new owner of the property. Mr. Jose Malabet, Mauricio Martinez and Julio Chagui, who will be developing the City of Miami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 property, as well as Mr. Eddie Frances, the architect for the proposed development. This property consists of three lots located right off of -- they don't front -- but right off of Southwest 22nd Avenue, between Southwest 6th Street and Southwest 5th Street. Two of the lots front on 6 th Street and one of the lots fronts on 5th Street. These lots are zoned R-3. The -- our client also owns the property fronting on Southwest 22nd Avenue. We're asking for a zone change to C-1 to be able to make the zoning comparable to what is fronting on Southwest 22nd Avenue, not for the purpose of intruding commercial into residential, but quite the contrary; we want to intrude residential into the commercial. The only reason we're asking for the C-1 is for the density. We have R-3. We are seeking the same kind of density that C-1 provides you. We will be developing an integrated development. We're going to join the frontage of Southwest 22nd Avenue with the three lots that are before you today, and we're not going to do commercial. We're going to do a purely residential development on the whole area, not only on the three lots that you have in front of you today -- this is R-3. We are R-3, and in some -- in fact, some of the buildings are four or five stories. In fact, on this property, you can erect a 5-story building. If we were to do -- if we were not to do an integrated development, you could do a 12-story building on the frontage on Southwest 22nd Avenue; you could do five stories in the rear. Now, we don't have -- this is only a zoning application. We still have to go through site plan approval, but the site plan that we do seek is one that is going to integrate all these properties. The maximum height along the Southwest 22nd Avenue property will be 11 stories, which will include three stories of parking, and the maximum height back here will be three three stories -- in fact, on the first two lots that you see here, it will be three three stories, and then it will be ground parking on the third lot that is on Southwest 6th Street. Right now, if you were to develop this property with the current zoning, you would have -- you would be able to develop 102 residential units. With the proposed zoning, we hope to be able to develop 126 residential units, so it's only a net gain of 24 units. This property, again, fronts on -- the property will front on Southwest 22nd Avenue. The whole development will front on Southwest 22nd Avenue, where -- what you have right now is a very old one-story commercial building that has far outlived its usefulness. We will not have any resident -- any commercial on the property, even on the Southwest 22nd Avenue frontage, once we develop this property. We are separated by a I5 foot alleyway, which, through the platting process, we will have to vacate, and that'll help -- that'll allow us to integrate both developments. We believe that this development is compatible with the area. Right across the street -- right across Southwest 22nd Avenue, in this parcel here -- Commissioner Winton: Got a microphone? You need a -- Sylvia Scheider (Assistant City Clerk): Yes. Commissioner Winton: Simon, you need a microphone. Ms. Scheider: On the microphone, please. Commissioner Winton: Where is the portable? Mr. Ferro: 1 got it. Thank you, Commissioner. Right now -- right across where this development would be, this development is going up -- now, this is just a sign a "For Sale" sign and a rendering that is already up on the property right across from we are. Here is a photograph, Commissioner. This is the building that we own that fronts here. We're talking about these three lots back here, and this is the property across the street, where the new residential building is -- will be developed, according to this sign, so we will be compatible with the area and, in fact, we will have no commercial whatsoever on our property. Chairman Sanchez: All right. Does that conclude your -- Mr. Ferro: We have Mr. Eddie Frances, who is the architect. Again, we are not asking you to approve the site plan, but if you have any questions regarding what we hope to develop on that City of Miami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 property, which will look something like this, then we're happy to answer your questions. Chairman Sanchez: All right. This is a public hearing. Anyone from the public wishing to speak on this item or address in favor or against, please come forward I think you have somebody who wants to speak on your side. Commissioner Winton: No. He's the architect. Chairman Sanchez: There's no opposition on this item? OK. We close the public hearing. We close your presentation, or do you want to -- Mr. Ferro: That will conclude my presentation. Chairman Sanchez: OK. Mr. Ferro: I -- we would ask that you approve the request for a zone change from R-3 to C-1. By the way, we --1 have proffered a covenant for approval as to form to the City Attorney's Office limiting our property to residential, so should you wish to approve this application, we're more than happy to submit the covenant in its full form. Chairman Sanchez: Any questions? Commissioner Winton. Commissioner Winton: Trust me, I'm not going to fall on any sword on this whatsoever, but just an observation. The zoning allows them to build on this site. The only thing we're doing is upzoning to give them approval to build more. Chairman Sanchez: Well, I was going to ask -- Commissioner Winton: They could build an economically viable project on this site, with the two zonings that are in place; they just can't build as many units, and -- but the economics is -- so that's the end of my comment. Chairman Sanchez: And it's all about economics. Commissioner Winton: It's all about -- right. Chairman Sanchez: Any other questions? Commissioner Winton: That's the end. Chairman Sanchez: If not, I do. Madam Executive Director, why the two denials? Ms. Slazyk: The recommendations for denial -- Chairman Sanchez: What are your concerns on this? Ms. Slazyk: The concern is the restricted commercial category in a residential district, and they cannot be tied to any particular plans, so anything allowed in restricted commercial can now break this line, and if you look in your package at the zoning map, this is a very, very clean line that establishes the boundary of the residential area. This will now intrude into it, and once they get the zoning change, they can -- Chairman Sanchez: Then what's to stop -- Ms. Slazyk: -- flip the property and it could be anything that's allowed in C-1. City of Miami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Well -- but based -- Mr. Ferro: I'd like to -- Chairman Sanchez: -- based on the design review, correct? That was -- Ms. Slazyk: No, no design, and that's one thing I'm not sure in what context the applicants stated that a site plan review was going to be conducted If they get C-1, we don't see it. They go straight to building permit. There is no design review. There is no -- unless they're seeking bonuses or a special permit or something else on top of this, we would never see it, so there is no -- Mr. Ferro: Mr. Chair -- Ms. Slazyk: -- guarantee that that's what's going to be there. Mr. Ferro: -- we would be happy to incorporate design review requirements in our covenant, and I'd also like to say, this is not an intrusion of commercial into residential. We're not going to have commercial on this property. In fact, we're going to eliminate the commercial that fronts on Southwest 22nd Avenue. We would be more than -- that is already in the form covenant that we've had approved Ms. Slazyk: Remember, our -- Mr. Ferro: 1 would be more than happy to incorporate design review criteria in the covenant. Commissioner Winton: Here's the issue, though. It isn't about what you all are going to do. Your client gets run over by a truck tomorrow and the family decides we're going to sell the site and we've already rezoned it, we're dead. This would allow commercial intrusion into that site. Now, if you remember when we did the project on Biscayne Boulevard, the first time we got anything done in Edgewater, the very first project, we'd wanted something, wanted something, and the guy from Texas -- that 1 ended up going around and around with -- he wanted a similar kind of thing, and we were going to do a land swap, except we require -- we put in the document some way. 1 don't know how we -- I don't remember how we did it, but we stated that -- and it may not be able to be done with this one, but -- because it was a land swap instead of a zoning change, so that process -- Ms. Slazyk: Right. Commissioner Winton: -- may not work, but in that particular case, we actually stated that if the property changed hands and wasn't developed by that particular developer, then everything we agreed to goes back to zero, and so this is a zoning thing, so 1 guess that's a little different. Ms. Slazyk: No, you can't do that. Chairman Sanchez: Right. Commissioner Winton: But -- OK, so let me restate my -- the problem. The problem isn't with this developer. This site could be flipped -- if we approved the zoning change, this site can be flipped and they could, in fact, build anything that's allowed in C-1 zoning in that R-3, if they flip -- if they decide not to develop and sell it to somebody else because we've approved the zoning. Mr. Ferro: Commissioner, again, we have proffered a covenant that would bind the property, no matter who owns -- City of Miami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: She -- you're not aware of that covenant, are you? Mr. Ferro: -- the property after -- if our client were to flip it, which is not their intent -- Ms. Slazyk: We haven't seen it yet. Mr. Ferro: -- it would be bound, it would run with the land -- Chairman Sanchez: Counsel, counsel, she -- Ms. Slazyk: The covenants are normally -- Chairman Sanchez: -- she doesn't know what you're talking about. She hasn't seen your covenant. Ms. Slazyk: Right. -- covenants are normally submitted between first and second reading, if the Commission agrees to accept -- Chairman Sanchez: Right. Ms. Slazyk: -- the voluntarily proffered covenant. Commissioner Winton: A proffered covenant. Mr. Ferro: And we have, in fact, submitted the covenant. Chairman Sanchez: But you're saying you submitted it already. Ms. Slazyk: Right. Mr. Ferro: Yes, for approval as to form by the City Attorney's Office. Ms. Slazyk: Right. Chairman Sanchez: Oh, OK. Ms. Slazyk: It would have to -- it hasn't gotten down yet to our level. Chairman Sanchez: It's going through the pipeline. Commissioner Winton: So could you repeat what your covenant is that you're proffering? Mr. Ferro: Yes, sir. Right now, the covenant says that we would -- that the property before you today, which are the three lots, would not be used for commercial development, only for residential; that they could only be used for residential uses, so that is covered. Now, design review criteria, we would be happy to incorporate that into the covenant also, and any other recommendation or suggestion that this board has. Commissioner Winton: Which our City Attorney doesn't like this stuff. Javier Fernandez (Chief of Staff, Mayor's Office): Yeah. You know, it wasn't too long ago we were talking about this same issue, and again, I'm so new that 1 don't know what a trend is or I don't know the history -- City of Miami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: The history. Mr. Fernandez: -- but this is not really the preferred or the clean way to deal with a rezoning item. To the extent that the applicant is proffering these covenants and all of these things, perhaps to that extent, it is enforceable, it will be recorded, it would go with the land, and we will make sure that it's locked solid, but, you know, I -- if I continue to see a trend in this area developing, I'll get together with the administration and we'll make sure that -- Commissioner Winton: Well, let me help you out with this. The trend has developed. This is past tense. Mr. Fernandez: Well -- Commissioner Winton: So there is a clear-cut trend. We've done this many times, so if there's an issue there -- I -- you don't have to wait for the trend to develop. It's already past tense. Mr. Fernandez: OK. Well, then we'll find a way of -- Commissioner Winton: Yeah, fix it. Mr. Fernandez: -- do something. All right. Commissioner Winton: Great. Vice Chairman Gonzalez: All right. Chairman Sanchez: Look, being that it's my district -- and once again, you know, I take the recommendation from Planning and Zoning and then the Board very seriously, and the concerns that the City Manager --1 mean, the City Attorney has expressed, you know, I'm going to make a motion to deny. Mr. Ferro: Mr. Chairman, may I make a recommendation? If you have any concerns, if we could -- we'll be happy to take a deferral, meet with the City Attorney -- again, this application -- this covenant has been approved as to form. We were very diligent in that. As Ms. Slazyk says, most covenants are submitted between the first and the second reading, only because we don't know what else you may want to incorporate into the covenant. Commissioner Winton: I'll -- Chairman Sanchez: But so far you haven't convinced me of putting safeguards to make sure that it's in the best interest of the City -- Commissioner Winton: 1 second the motion, by the way. Chairman Sanchez: -- and you. Mr. Ferro: We would be happy to -- Chairman Sanchez: Huh? Commissioner Winton: I second the motion. Mr. Ferro: -- to listen to any -- Chairman Sanchez: Well, I'm -- hold on. City of Miami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Ferro: -- reasonable safeguards. Again, the covenant will disallow any commercial development, even on the front of the property. All we're looking for is for a slight increase in the density. As it is, we can build 102 units; it only goes up 24 additional units, so that -- Commissioner Winton: Past tense. Mr. Ferro: -- it does do -- bring something positive to the area. This is an area that, we believe, can use some new residential buildings, and we're willing to give up the commercial uses that we're entitled to in the frontage, on the front part of the property, on Southwest 22nd Avenue, in order to bring in more desirable residential uses to the area. Chairman Sanchez: Well, my concern -- Vice Chairman Gonzalez: All right. We need to close the public hearing. Commissioner, it's your district. Chairman Sanchez: Yeah. Vice Chairman Gonzalez: Mr. Chairman, you made a motion? Chairman Sanchez: There's a motion and a second. Vice Chairman Gonzalez: OK. We have a motion and we have a second All in favor, say "aye." Ms. Thompson: I'm sorry. I'm -- Vice Chairman Gonzalez: Is this a -- Chairman Sanchez: Read the ordinance. Vice Chairman Gonzalez:: I'm sorry. It's an ordinance. Ms. Thompson: I'm sorry. I'm unclear on your motion. For the record, please, sir. Vice Chairman Gonzalez: It was a motion made by the Chairman -- Chairman Sanchez: To deny. Ms. Thompson: To deny. Thank you. Vice Chairman Gonzalez: -- to deny it, and it was second by Commissioner Winton. Ms. Thompson: Thank you. Vice Chairman Gonzalez: Mr. City Attorney, read the ordinance. Mr. Fernandez: No, there is no need to read the ordinance when there is a denial. Vice Chairman Gonzalez: OK. So roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 PZ.27 04-00573a ORDINANCE First 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 TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2160 SOUTHWEST 5TH STREET AND 2143 AND 2161 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00573a FR Fact Sheet.pdf 04-00573a Analysis.PDF 04-00573a Zoning Map.pdf 04-00573 & 04-00573a Aerial Map.pdf 04-00573a ZB Reso.PDF 04-00573a Application & Supp Docs.PDF 04-00573a Legislation.PDF 04-00573 & 04-00573a Exhibit A.PDF 04-00573a-submittal-liquor survey.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium - Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2160 SW 5th Street and 2143 and 2161 SW 6th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 5-4. See companion File ID 04-00573. PURPOSE: This will change the above properties to C-1 Restricted Commercial. DENIED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to DENY item PZ. 27. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ27 is the companion. I don't know if it automatically dies or if they need -- City of Miami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Vice Chairman Gonzalez: OK, PZ27. Mr. Chairman, it's your district. Commissioner Winton: That's a companion to 26. Do we need to do -- Vice Chairman Gonzalez: It's a companion. Commissioner Winton: -- anything, Mr. City Attorney? Jorge L. Fernandez (City Attorney): Yes. To the extent that the previous one did not pass or the motion to deny was successful, then you don't need to address PZ 27. Commissioner Winton: Good. Vice Chairman Gonzalez: All right. Chairman Sanchez: OK. Mr. Fernandez: Mr. Chairman. Chairman Sanchez: 27. Mr. Fernandez: If you indulge -- if you go back to 27, we need to have 27 suffer the same faith that 26 suffered, so you need to make a motion consistent with the motion that was made and passed on 26, which was to deny. 1 was mistaken and 1 need to correct the record. Chairman Sanchez: So we need to deny 27 also? Mr. Fernandez:: Yes. Chairman Sanchez: OK. We need a motion to deny -- Vice Chairman Gonzalez: Move to deny -- Chairman Sanchez: -- ordinance on first reading. Vice Chairman Gonzalez: -- on 27. Commissioner Winton: Second. Chairman Sanchez: There is a motion. There is a second Open to the public. Anyone from the public wishing to address this issue, please step forward and be heard. Seeing none, hearing none, public hearing is closed. There's a motion and a second. Open for discussion. Hearing no discussion from the Commission, the legislative body, Mr. City Attorney, read the ordinance for the record Mr. Fernandez: It doesn't need to be read once you're denying it. Chairman Sanchez: All right. Then, Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): No, it's a motion. Chairman Sanchez: You don't need a roll -- Ms. Thompson: You don't need a roll call. It's just a motion -- City of Miami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: 1 believe you do. Ms. Thompson: -- to deny. Mr. Fernandez: That -- just a motion to deny it. Chairman Sanchez: Oh, just a motion to deny it? Mr. Fernandez: Yes, and you don't read the ordinance and you don't necessarily have to call roll vote. You just vote on it. Chairman Sanchez: OK. Vice Chairman Gonzalez: All right. Chairman Sanchez: All in favor of the denial -- The Commission (Collectively): Aye. Chairman Sanchez: -- say, "aye." Anyone in opposition, having the same right, say "nay." The motion carries unanimously. Boy, 1 mean, you come into town and all of a sudden, things change around here, huh? Mr. Fernandez: Just a little. Chairman Sanchez: All right. PZ.28 04-00574 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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 16 AND 100 SOUTHWEST 41 ST AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "OFFICE"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00574 SR Fact Sheet.pdf 04-00574 Analysis.PDF 04-00574 Land Use Map.pdf 04-00574 & 04-00574a Aerial Map.pdf 04-00574 PAB Reso.PDF 04-00574 Application & Supp Docs.PDF 04-00574 Legislation.PDF 04-00574 & 04-00574a Exhibit A.PDF 04-00574a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Office" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan City of Miami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 LOCATION: Approximately 10, 16 and 100 SW 41 st Avenue APPLICANT(S): LP Investments Enterprises, Inc., Owner and Jorge Kasabdji, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 8-0. See companion File ID 04-00574a. PURPOSE: This will change the above properties to Office. Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Direction to the Administration by Commissioner Winton to send out a strong signal to the development community that the City is not in favor of upzoning indiscriminiately; further to encourage developers to figure out ways to work with the current zoning that is already in place. Vice Chairman Gonzalez: PZ. 28. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 28 is a companion item to PZ.29. This is also for a land use and zoning change. The address is 1016 and 100 Southwest 41 st Avenue. It was recommended for denial by the Planning and Zoning Department, denial by the Planning Advisory Board, and denial by the Zoning Board. This is also changing from single- family residential, in this case, to 0-Office. It does also represent an intrusion into a single- family area by permitting the Office classification, and we'd recommend denial. Chairman Sanchez: All right. Applicant, you're recognized. Simon Ferro: Mr. Chair, Simon Ferro. Chairman Sanchez: Then we'll open it for the public hearing. Mr. Ferro: Thank you. Simon Ferro, 1221 Brickell. I represent the applicant. This property -- just to orient you, Flagler, Le Jeune Road, this property is on Southwest 41st Avenue, right behind a C-1 commercially zoned property that fronts on Flagler. This is a similar application to the one you had before, where we're going to build an integrated development by joining the property -- the frontage on Flagler, which is already C-1. We're asking for a zone change, not to C-1, but to office use because we abut office immediately to our west, and again, all we're seeking -- Chairman Sanchez: What do you abut to your south? Mr. Ferro: This is R-1, so we have commercial on this corner, which is a gas station. We have commercial here, and we have office here, and as you can see, this is a major activity area. All we're seeking is -- and again, binding ourselves via covenant. We're saying, we're not going to use these lots, if you approve this zone change, for office or any commercial use. We're going to use them purely for residential purposes, so that we can in fact have an integrated development between the property up fronting on Flagler Street and the property back here. Now, in addition City of Miami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 to the fact that we're basically surrounded by either high density or nonresidential uses, immediately to our east -- and again, this is the frontage on Flagler, so all this is commercial or 0-Office. There is a parking lot, which you can see in this aerial photograph here, which is an open parking lot, and which extends almost two-thirds down the frontage of our property on Southwest 41 st Avenue. What you see in green are other high density residential developments that are being developed in our block as we speak and, in fact, if I can point you to this exhibit -- this being our property -- across -- well, let me show you first what's going up immediately down the street from our property. Down Southwest 41 st Avenue, here we are. This area in green is a residential building, as you can see, going up here. It must be 12, 13 stories high, so down our block -- you're looking down Southwest 41 st Avenue to the south, and here is the building that we have at the end of our corner -- of our block. This is the building that fronts on Southwest -- on Flagler Street that we immediately abut and that we do own, and this is the opened surface parking area that is immediately across our property on Southwest 41 st Avenue. There are a number of other newly approved residential buildings within this radius here, which 1 would like Mr. Behar, who is going to be the architect of our building because, in fact, he has -- he is the designer of Mediterranea, and so -- all these three buildings are going up within a one -block radius of our property, and what we seek to do is something completely compatible with what you see and what has already been approved in the area. Mr. Behar. Robert Behar: Mr. Chairman, Commissioners. Robert Behar, 4533 Ponce de Leon Boulevard, Coral Gables, Florida. As Mr. Simon stated, we see this area as going through a major commu -- redevelopment. There's a lot of new projects coming in. This particular, we know about, is the (UNINTELLIGIBLE) Mediterranea. Our project consists of about 14-story building, about 180 units, which is located right here. Across the street, you also have the Keystone Plaza coming in, and as Mr. Ferro stated, that this building, which is the one you should see here in the photograph -- it's under construction -- this whole area is coming -- is being redeveloped We're proposing -- or we will do a project that is very consistent with the work that we came before and got this approved through the City, and other projects that we're accustomed to doing. It will be a residential project. It will be a very good quality and it will be, you know, excellent for the area. Mr. Ferro: We have also submitted a covenant that has been approved as to form by the City Attorney's Office, and that covenant does also state that the property before you today is not going to be used for nonresidential purposes; it's going to be used exclusively for residential purposes. We would willingly incorporate design criteria and -- oh, anything else that the Board believes is needed to improve on what we have here. Chairman Sanchez: All right. Commissioner Regalado: OK. Chairman Sanchez: All right. Anyone in opposition on the other side? No. If none, Commissioner Regalado. Commissioner Regalado: OK. 1 was questioning the Zoning Board. I guess that one of the issues, if not the issue, that trigger, I think -- was it the Planning or the Zoning Board triggered denial? It was somehow the parking or -- I mean, not a parking, a traffic study. 1 thought that it -- for me, it's very difficult to do a traffic study on Flagler and Le Jeune because there is -- all the cars in the world go through Le Jeune and Flagler. Those two properties have always been office. I don't know why; 1 don't know how, but never live here; nobody lived there. For as long as 1 can remember, dating back to -- hey, and maybe 10 to 15 years, I don't know -- so I am ready, hearing the covenant, to approve the change in land use designation from single-family to office. That would be my motion, Mr. Chairman. Chairman Sanchez: All right. There's a motion. Is there a second? City of Miami Page 132 Printed on /2/16/2004 City Commission Verbatim Minutes September 27, 2004 Vice Chairman Gonzalez: Second. Chairman Sanchez: Second for the purpose of discussion. Discussion. Commissioner Winton. Commissioner Winton: Well, I'm -- I have probably a bigger problem with this move than the last move. Chairman Sanchez: Well, 1 have been steady today. Commissioner Winton: I'm looking at the aerial. I'm looking at the zoning map, and Commissioner Regalado, you said that these three structures here on this aerial, those have always been office, and maybe they have, but they're low -density office right up against and in the middle of and adjacent to an R-1 area, and what we're going to allow now is essentially high-rise development right up against R-1 zoning. Commissioner Regalado: No, that's not the case. They say that the frontage will be the high- rise. Commissioner Winton: What's going to be in the back? Commissioner Regalado: The fronting -- fronting Flagler Street; is that correct? Commissioner Winton: Well, what do they --1 had to leave for a second, so 1 missed -- Mr. Behar: The project will be mainly on Flagler. You're going to do a liner, a residential liner, smaller scale towards the back of the property, but the (UNINTELLIGIBLE) portion of the building will be on Flagler. Commissioner Regalado: On 41 st -- Commissioner Winton: Tell me what's on the back of the property, back on 41 st. What fronts on 41st? Mr. Ferro: OK. This is the property, so -- our frontage -- by -- and, again, I'd just like to -- Commissioner Winton: Not only -- Mr. Ferro: 1'd like to point out, up to here -- Mr. Behar: Up to there. Mr. Ferro: Up to here, that's a parking lot. We front on a parking lot. Commissioner Winton: And 1 -- Mr. Ferro: We felt that it -- Commissioner Winton: It's irrelevant to me. It's still zoned R-1, and it's about density tied to R-1 neighborhood. Mr. Behar: Keep in mind that this is zoned 0 right here, so this portion here fronts the O. The O zoning designation goes up to that point. Commissioner Winton: Excuse me. I'm looking at a zoning map right here in front of me, so I'm City of Miami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 looking straight at it. Mr. Ferro: Plus, Commissioner, again, if I may point your attention to -- Commissioner Winton: 1-- my question is, what are you building on 41 st Avenue? Mr. Behar: Our project would encompass from Flagler up to about two-thirds of the property. This portion will be the building. Commissioner Winton: The high-rise. Mr. Ferro: Commissioner, that would be consistent again -- I know your distinction, but the building would be consistent with the depth of this parking lot, an open parking lot, that already exist there, so we would not -- Commissioner Winton: But the -- Mr. Ferro: -- be impacting -- Commissioner Winton: -- but the parking lot has -- three-quarters of that parking lot -- was the Planning Director there? Isn't -- here's the parking lot that they're referring to. Lourdes, would you go to the microphone, please? I'm looking at this aerial. This is a surface parking lot? That's what y'all are talking about, right? Mr. Ferro: That's correct. Commissioner Winton: And three-quarters of that surface parking lot is zoned R-1, is it not? If you hold your zoning map up and overlay it against -- Ms. Slazyk: Yeah. Commissioner Winton: -- that surface parking lot, it looks to me like two-thirds. Ms. Slazyk: The entire subject property is zoned R-1. Commissioner Winton: I'm not talking about the subject. I'm talking about the parking lot that is to the east -- Ms. Slazyk: Yes, correct. Commissioner Winton: -- of the subject. Ms. Slazyk: You're right, you're right, yes. Commissioner Winton: And is not two-thirds of that parking lot, surface parking lot, zoned R-1? Ms. Slazyk: Yes. Commissioner Winton: OK. And so the point to this then is that they can't build -- unless, of course, we give them an up -zoning -- they can't build a high-rise there. They could build some -- that parking lot goes away, they could build some single-family houses on the rest of that because it's zoned R-1. Mr. Ferro: Commissioner, and -- City of Miami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: And high-rise development, which we deal with all the time here anymore, is absolutely incompatible with the -- an adjacent R-1 neighborhood. Mr. Ferro: Commissioner, again, we believe this neighborhood -- if you take a look at this -- it's basically a dead end here. This is a -- Southwest 41 st Avenue dead -ends right here. It dead - ends here, right -- and you see, this building coming across the face of a block -- our building would be -- now, this building that you see here -- Commissioner Winton: Um-hmm. Mr. Ferro: -- is going sideways like this. It's going this deep into Southwest 41st Avenue. Commissioner Winton: So it's going where that restricted commercial is right there? Unidentified Speaker: That's correct. That's -- Commissioner Winton: Is that it? OK. Mr. Ferro: So we would not -- and this dead -ends right here, so the impact that our building would have -- frankly, this street has already been impacted by this building, by the commercial that is back here, by this parking lot, which, even though it may be on property that is zoned R-1, frankly, I doubt it will ever be used for R-1 because it's already being used for a nonresidential use. Commissioner Winton: Could I ask one more question -- well, one more question, Lourdes? This -- the restricted commercial here, did we do that or has that been that way for a long time? Ms. Slazyk: Oh, 1 don't remember. Commissioner Winton: OK. Ms. Slazyk: I just don't remember. Commissioner Winton: Commissioner Regalado, I'm not going to -- I just want to make a couple more points, and this is -- I'm not going to -- this isn't going to be a big issue with me, because the fact of the matter is, this is kind of messed up here. I don't know who messed it up, but -- Commissioner Regalado: If you go -- Johnny, if you go from Flagler to International House of Pancakes, nobody lives on 41st. Commissioner Winton: OK, so -- Commissioner Regalado: It's all old, old -- now, with this building, but the International House of Pancakes is Commissioner Winton: How about on this side, on the east side of 41st? Commissioner Regalado: It's office -- they have like (UNINTELLIGIBLE) office, like doctors and lawyers. Commissioner Winton: On 41st? Commissioner Regalado: On 41st. City of Miami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: So -- Commissioner Regalado: That's the problem. Commissioner Winton: So maybe the smart thing for us to do, from a planning standpoint, is to -- Commissioner Regalado: It's all clinics, attorneys, then you have the International House of Pancakes, which goes -- Commissioner Winton: OK. I'm done with this thing. Commissioner Regalado: -- up to 41st. Commissioner Winton: I'm -- yeah. This is -- it's a total -- Vice Chairman Gonzalez: And in answer to your question, Johnny, it's very old. Commissioner Winton: Yeah, and it's a -- Vice Chairman Gonzalez: It was messed up -- Commissioner Winton: A long time ago. Vice Chairman Gonzalez: -- many, many years ago. Commissioner Winton: And my last point that isn't necessarily relevant, necessarily to this site because this whole area is, from a zoning standpoint, messed up, but here's another point that I -- that we need to keep in mind Every time we approve -- and sometimes there's logic for doing it, and this may be one of those cases, where there's logic for doing it -- but every time we approve a bigger chunk of land that gets up -zoned, that encourages ten more developers to run out and find out the reason why we need to up -zone their site also for the same stuff, and so one of the things I decided -- and we have several of those in our book today, and I've decided, you know, we need to start sending a different message, and that is that we're not in favor of increasing density every time we turn around in our neighborhoods. That's one of the big problems we have. You know, we increase density in those areas where we're trying to stimulate economic development. Vice Chairman Gonzalez: Right. Commissioner Winton: We do all kinds of special things when we're trying to stimulate economic development, and that's rational as heck in my mind, but they already said that there's already four other projects around there, so it isn't about economic development -- Vice Chairman Gonzalez: And 1-- Commissioner Winton: Get away from that site again. Vice Chairman Gonzalez: -- agree with Commissioner Regalado, because I -- back in 1979, I had my offices on Le Jeune Road and 3rd Street, and back then, you know, all of these buildings were there, so -- Commissioner Winton: So this site probably makes some sense, but the point I was trying to make just a minute ago is that we -- I think we need to send a signal that we're not in favor of up - City of Miami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 zoning all of these sites, so that we put the brakes on this stuff where all the developers going along all of these corridors and say, "OK, let's see. If I get another 100 feet behind me, I can build twice as much product, if I can get the City Commission to rezone it and this is what we want to do," and so then we have to get in the battle with the neighbors and with ourselves and (UNINTELLIGIBLE), and 1 think we need to send a strong signal that you all need to be looking at the sites, as they're zoned, unless it's a very special circumstance -- that this may well be -- but otherwise, we ain't approving it. Figure out what you can build with the zoning that's in place and don't come bug us. End of my point. Chairman Sanchez: All right. There's a motion, and was there a second? Commissioner Winton: Yes, there was. Chairman Sanchez: There was a second. Any further discussion? All right. It's an ordinance. Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Mr. Ferro: Thank you very much. PZ.29 04-00574a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 32, 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-1 " SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "O" OFFICE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 16 AND 100 SOUTHWEST 41 ST AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00574a SR Fact Sheet.pdf 04-00574a Analysis.PDF 04-00574a Zoning Map.pdf 04-00574 & 04-00574a Aerial Map.pdf 04-00574a ZB Reso.PDF 04-00574a Application & Supp Docs.PDF 04-00574a Legislation.PDF 04-00574 & 04-00574a Exhibit A.PDF 04-00574a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family City of Miami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Residential with an SD-12 Buffer Overlay District to 0 Office to Change the Zoning Atlas LOCATION: Approximately 10, 16 and 100 SW 41 st Avenue APPLICANT(S): LP Investments Enterprises, Inc., Owner and Jorge Kasabdji, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 7-1. See companion File ID 04-00574. PURPOSE: This will change the above properties to 0 Office. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.29 is the companion. Chairman Sanchez: OK. It's an ordinance. 1t is open -- sir. It's open to the public. Anyone from the public wishing to step forward and address this Commission on this ordinance, please step forward. Seeing none, hearing none, the public hearing is closed. Is there a motion for the ordinance? Commissioner Regalado: Move it. Commissioner Winton: Second. Chairman Sanchez: There's a motion to approve the ordinance on first reading. Is there a second? Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. Moved by Commissioner Regalado. It's open for discussion. Hearing none, Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Winton? Commissioner Winton: Uh, yes, with great reluctance. Ms. Thompson: Commissioner Regalado? City of Miami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: Yes. Ms. Thompson: Chairman Sanchez. Chairman Sanchez: This is one of the very few times 1 disagree with Planning and Zoning -- and Zoning, so yes. Ms. Thompson: The -- Chairman Sanchez: All right. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.30 04-00564 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 PROPERTIES LOCATED AT APPROXIMATELY 3253, 3265 AND 3269 SOUTHWEST 22ND 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. 04-00564 SR Fact Sheet.pdf 04-00564 Analysis.PDF 04-00564 Land Use Map.pdf 04-00564 & 04-00564a Aerial Map.pdf 04-00564 School Brd Recomm.PDF 04-00564 PAB Reso.PDF 04-00564 Application & Supp Docs.PDF 04-00564 Legislation.PDF 04-00564 & 04-00564a Exhibit A.PDF 04-00564 FR Fact Sheet.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 3253, 3265 and 3269 SW 22nd Terrace APPLICANT(S): Coral Way Acquisition Properties, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 5-1. See companion File ID 04-00564a. City of Miami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 PURPOSE: This will change the above properties to Restricted Commercial Motion by Commissioner Regalado, seconded by Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Chairman Sanchez: All right. Madam Clerk, 30. Are we on PZ 30? Priscilla A. Thompson (City Clerk): That's correct. Chairman Sanchez: OK. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.30 and 31 are land use and zoning change -- Commissioner Winton: Here's another one. Ms. Slazyk: -- companion items. The address is 3253 -- Commissioner Winton: Yeah, right. Ms. Slazyk: -- 3265, 3269 Southwest 22nd Terrace. This is from duplex residential to restricted commercial. The Planning and Zoning Department recommends denial; the Planning Advisory Board recommended approval, and the Zoning Board recommended denial. We -- this is another one of those. There have been many changes like this back onto Southwest 22nd Terrace, off of Coral Way. Most of them come in conjunction with a project, with a Major Use Special Permit; this one does not, so we believe it could represent commercial intrusion into the neighborhood, in the absence of being able to review it in conjunction with a project. Commissioner Regalado: Mr. Chairman, just one question. Before you start, Lourdes, you're saying that the others we've done -- what we've done is to approve town houses on 22nd Terrace. Ms. Slazyk: Correct, but through the major uses, we've been doing that. Commissioner Regalado: Right, but everything that we have done in 22nd Terrace now has been town houses, right? Ms. Slazyk: Primarily, yes, yes. Commissioner Regalado: No. I mean, there's no other -- Ms. Slazyk: There were some former SD-12 -- Commissioner Winton: There were some, when 1 first got here, that weren't. Ms. Slazyk: No, not commercial. There were some that were SD-12 that has parking with a wall and landscape -- Commissioner Regalado: No, no. That was -- Ms. Slazyk: -- and the rest were town houses. Commissioner Regalado: -- that was on 21st Terrace. That was on 21st. I'm talking about 22 nd Terrace, my recollection, there is no -- only town houses facing 22nd Terrace and no exit City of Miami Page 1.10 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 from the big buildings. Ms. Slazyk: Correct, in the major uses, yeah. Commissioner Regalado: That's all we've done on 29th, on 35th, 36th. That's all we've done, right? Ms. Slazyk: Correct. Commissioner Regalado: OK. Vice Chairman Gonzalez: All right. Gilberto Pastoriza: Mr. Chairman. Vice Chairman Gonzalez: It is a public hearing. Mr. Pastoriza: Mr. Chairman, good afternoon. Vice Chairman Gonzalez: Mr. Pastoriza, you're recognized. Mr. Pastoriza: Gilberto Pastoriza, 2665 South Bayshore Drive, 4th Floor, Miami, Florida, here on behalf of Sergio's Cafeteria, and this application really is unlike all the rest of the applications that you have seen, not only here today, but all the applications on that Coral Way Corridor. This application is specifically for Sergio's Cafeteria so that they can expand their business, which is in bad need of expansion. The application that you have before you today is to rezone the three rear lots from R-2 to C-1, and the reason for that -- and the corresponding complying amendment -- and the reason for that is that the -- Sergio's Cafeteria needs an expansion of its restaurant and it also needs to build its parking facilities, which, right now, are extremely inadequate to handle their service. Let me give you a little background on Sergio's Cafeteria. Like 1 said before, we are here just -- and we, by the way, we have -- this property is also, unlike the other properties that you have before you, in that this one also will have an SD- 23 Overlay District attached to it, and we would have to go through the Class II Special Permit process. As a matter of fact, we have already started that Class II Special Permit process with your City, and we have submitted to the City plans that are similar to this plans right here. We are not intending to build two stories, three stories. We're just extending the restaurant one store in the back and building parking in the back, which is really needed for this restaurant. Commissioner Regalado: Which, by the way, is being used now as parking, but -- Mr. Pastoriza: I know. They are using it as parking, pending the hopeful approval of this request. Sergio -- Commissioner Regalado: If I may, I just have -- Mr. Chairman, 1 have -- Vice Chairman Gonzalez: Yes, Commissioner. Commissioner Regalado: -- I have a question. My huge and only concern is that someone will try to exit from the restaurant on 22nd Terrace. Mr. Pastoriza: Let me tell you why -- there are two reasons why that's not going to happen. Number one reason is that this is a rezoning to C-1 with an SD-23 Overlay District. When we -- we have to get a Class II Special Permit for that, and I'm sure that you're going to tell your staff that those plans are not going to have any ingress and egress to 22nd Terrace. As a matter of fact, we have already submitted to the City plans that showed that been closed. There is no City of Miami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 ingress and egress to Southwest 22nd Terrace. Besides that, I have a covenant in front of me that I will read to you, Commissioner, which basically says -- three things I want to read to you. One is that we will build, in accordance with the plans that would be approved by your staff, under the Class II Special Permit process, and that there shall be no vehicular ingress and egress to Southwest 22nd Terrace, and any modifications to this covenant have to be approved by this Commission, so that not only is your staff aware that you're not going to approve a Class II with ingress and egress to 22nd Terrace, but we are volunteering that we will not put any ingress and egress to Southwest 22nd Terrace. If I could, I have one of the owners from Sergio's Cafeteria here, and I would like him to tell you that this particular rezoning and expansion to the restaurant and parking facility is paramount for them to be able to continue operations there. They are already in a very crammed space, due to the -- all the projects that have been approved in this corridor. Sergio's has benefited from that, in that he's getting more patrons to use his restaurant, and if you go to that restaurant, you'll see that they even have boxes that are stacked inside the restaurant because they just don't have any more capacity. If you could. Mr. Jose Garcia, he's one of the owners of Sergio's Cafeteria, and I just want him to basically tell you that, you know, why he really needs this. Jose Garcia: Well, the thing about it is, unless we can get the expansion -- Mr. Pastoriza: Give (INAUDIBLE) your name and address. Mr. Garcia: Oh, Jose Garcia, 7470 Southwest 121 st Court. Unless we can get the expansion of the parking, we cannot grow the restaurant, and the way it is right now, we can only have like 25 parking spaces, so unless we can park on the back, we cannot keep the restaurant there. We will have to sell the property and we don't want to, you know. You'll get another building there and -- so -- I mean, we are in the restaurant business. We want to stay there. We have been there for 13 years. We only want to have more parking spaces so that we can actually pay for the mortgage that we have to assume to buy the property over there. Thank you very much. Vice Chairman Gonzalez: Thank you. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: My only concern -- and 1-- I was hoping that we did not defer the other item this afternoon because I think that Coral Way is destined to grow. I think that restaurants in the Coral Way Corridor do deserve to have more parking, and by having parking, those restaurants will take away from us a huge headache because now we have employees of King Que, Latin American, Boston Market, Miavana Habana Vieja, Sergio's -- what is the name? And the other one -- park around the neighborhood. If we can only get more parking for Latin American, for Sergio's, for whatever restaurants are on that area, this will take a lot of pressure from the neighborhood. My only concern -- and that is something that 1 really feel very strong -- is no ingress and egress on 22nd Terrace because I drive by 22nd Terrace every day. I have to drive through that street every day, and it's a very transited street, so I am -- if the case is to expand parking and do the right thing with the parking, which, by the way, I go there. I live ten blocks away, and -- the parking now is very difficult to -- with the situation they have on the empty lot, and if there is -- the purpose is more parking -- Mr. Pastoriza: Yes, sir. Commissioner Regalado: -- more surface parking and to expand the restaurant, 1 have no problem at all, as long as there is no egress and ingress on 22nd Terrace -- Mr. Pastoriza: We're not -- City of Miami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: -- that everything is done through Coral Way, which is the logical thing to do. Mr. Pastoriza: That's exactly what our plans -- Vice Chairman Gonzalez: All right. Mr. Pastoriza: -- call for and that's also what we have covenanted to you today. Vice Chairman Gonzalez: All right. Do we have anybody in opposition of PZ.30? Gilda Rodriguez: Good afternoon. My name is Gilda Rodriguez. I live in the area. I also represent the new homeowners association -- new homeowners association called Golden Pines. We like Sergio's a lot. In fact, it's almost every week 1 am there. The problem that I have is that little by little, they're taking over our neighborhoods. It's a R-2 residential neighborhood Right now 22nd Terrace, there are many projects under construction that they are not taking care of the street at all. They're affecting the neighbors around there, and my question is too, can we have a parking -- because they want to do parking -- without changing the zoning to C-1 ? Once the C-1 is there, there's no way that we can take it away. They want to build something else in the future, they will be able to do it, so please take that into consideration. Thank you. Commissioner Regalado: But they have a covenant, and if you were here earlier, they -- there is a same situation with Latin American now, that they had a covenant that no egress and ingress on 22nd Terrace. They opened that area and there's -- they were seeking to change the covenant. They now decided to defer the item for later on, but I don't -- the complaints I get is from residents on 22nd Terrace, 23rd -- 23rd Terrace about employees parking in front of their homes, especially on 22nd and 23rd. I'm not familiar where you live, but that's the complaint -- Ms. Rodriguez: I -- Commissioner Regalado: -- that 1 get from your area Ms. Rodriguez: And I agree with you, and I wasn't here earlier for the other item. Commissioner Regalado: No, no. 1 mean, I'm just telling you. Ms. Rodriguez: But what I'm saying is, you're right, we don't want egress or ingress from that section, but when we keep it as an R-2 and still had the parking with the -- you know, the wall in the back, not allowing anybody to get into the residential district. Vice Chairman Gonzalez: 1 don't think we can have that. Commissioner Regalado: That's why we are -- Mr. Pastoriza: Mr. Commissioner, if I could -- Vice Chairman Gonzalez: Lourdes. Mr. Pastoriza: OK. If I could also add, there is another safeguard that you have in your covenant, because we are tying the covenant to this plan, so that any modifications to that plan also have to come before you. Vice Chairman Gonzalez: Mr. Pastoriza -- City of Miami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Pastoriza: Yes, sir. Vice Chairman Gonzalez: -- let me -- Lourdes, we need to answer -- the lady had a question about, can this property be used for parking without changing the zoning. Ms. Slazyk: They would have to get an SD-12 overlay to be able to use it for surface parking. Commissioner Winton: Well -- Vice Chairman Gonzalez: Which they're getting anyway, right? Mr. Pastoriza: Well, the problem is that we're extending our building also a little bit into the R-2 -- Ms. Slazyk: Yeah. Mr. Pastoriza: -- so that's why just the surface parking alone is not going to happen, but I think that you have various, various assurances here today that this property -- the use for this property is going to be for Sergio's. Number one, you have the Class 1I Special Permit process, because under the SD-23 overlay, you have the Class 1I Special Permit process; plans have been submitted already to your staff that shows that this is clearly just for Sergio's, and then you also have a covenant that ties us to that site plan, and that says that no ingress and egress to Southwest 22nd Terrace. Vice Chairman Gonzalez: All right. Commissioner Winton: Mr. Chairman. Vice Chairman Gonzalez: OK. Public hearing has been closed. Yes, Commissioner Winton. Commissioner Winton: Let me tell you what the -- where the real problem is with this, because if you look at the zoning map here and then you look at the reality of the neighborhood here, the reality of the neighborhood is a lot of people -- and it looks like they got this done years ago -- are using this area back here along 22nd Avenue for parking, and so it seems to be kind of the norm, but the zoning isn't C-1. The zoning is still duplex residential. The second we approve this C-1 zoning on this site, the site becomes more valuable than the restaurant, and we have no controls, so they can turn around and sell this property because it's rezoned, and you can build a high-rise on the damn thing when they sell the thing. We drive value up dramatically, and I would like to look to our City Attorney, because the parking issue is a real issue here. It's a very real issue that we need some mechanism to solve along Coral Way for these businesses. We want to keep the restaurants. We don't want all those damn high-rises along Coral Way that have created their own kind of mess along Coral Way. Commissioner Regalado wants the rest -- I think we all want the restaurants. They're a real asset along that boulevard, that keeps the character of the boulevard, but they don't have enough parking, but if you allow the C-1 zoning, it gets real easy -- the only thing they have to go is come before the Commission five years from now and say, "Hey, you know, I had this covenant" -- Latin American Cafeteria -- "had this covenant. 1 don't like the covenant anymore, and 1 got hardship and I need to sell, " and boom, covenant goes away and you build a high-rise, so if you didn't have to rezone, but you could figure out how you could create the parking that these businesses need, then everybody comes out the winner. The business gets what they need. You don't have a rezoning so that, in five years, you could build a high-rise there or, in ten years, you build a high-rise there, and part of our responsibility is to look out, not for just tomorrow and while we're here, but part of our responsibility, as policy makers, is to look out for the long-term betterment of our neighborhoods, and I think we need a mechanism to solve these kind of parking problems. Now, we just heard that all of a sudden this isn't just about parking. I've heard nothing but parking City of Miami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 until just a second ago. Mr. Pastoriza: A small -- no, it's a small extension. Commissioner Winton: And then now 1 hear that -- Mr. Pastoriza: Expansion. Commissioner Winton: -- it's really -- it's about expansion of the building also. I'm not opposed to the expansion of the building either. It's a restaurant. It's a good thing. We want the restaurant. Don't mind the expansion of the restaurant either, but they've got to have parking, but creating -- moving this to C-1 zoning to give them their parking, 1 think, is just setting us up for more mess down the road. Commissioner Regalado: But let me ask you -- Vice Chairman Gonzalez: All right. Commissioner Regalado: If I may, let me ask you, all of the frontage is C-1. Mr. Pastoriza: Yes. Our property -- the lots in question are the ones here in yellow. Right next door to the east, we have -- the City has approved one of the big high-rises. Commissioner Regalado: No, I understand. I understand. Mr. Pastoriza: And then to the west, there's an ALF (Adult Living Facility), and then this is parking for McDonald's. It's all C-I. Everything that you see here, either in pink or in blue, is commercial uses already. Commissioner Regalado: No, I understand. 1 understand, and it's getting there on 22nd, but my question was, expanding on the front -- Mr. Pastoriza: Well -- Commissioner Regalado: -- and parking in the park. Mr. Pastoriza: -- the way that the City has asked us to work this site -- and you know that there is two driveways now into the sites, so -- Commissioner Regalado: Right. Mr. Pastoriza: -- now what we're doing is, we're going to combine -- make it only one entrance, OK, and move -- the City also wants us to do a lot of expanding the restaurant also along Coral Way a little bit, so the only way, Commissioner, that we can bring this restaurant to the state -of - the -arts, provide the necessary space for storage, is also to expand some of it in the back. We need to put in new bathrooms. We need to -- I mean, you know, the restaurant is quite old and it does need a substantial amount of rehabilitation work. Commissioner Regalado: But if the City told you to do that, why would they recommend denial? Ms. Slazyk: OK. Mr. Pastoriza: Because they did not have a set of plans that they -- that 1 could travel with with this application. Ms. Slazyk: 1t was -- City of Miami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Pastoriza: We're -- the little guy is being penalized here. If they -- if I were to come in with a big huge project on Coral Way, with my town houses in the back and, you know, certain parameters, your staff would have felt very comfortable because I had a Major Use Special Permit that I was travelling with. Here, I did not have that, and therefore, their recommendation is, you don't have a set of plans; therefore, we can't recommend approval. I would submit to you that we do have a set of plans that the City has, under our Class II Special Permit review, which is what you have right in front of you here, and that not only do you have that safeguard there, but you also have the safeguard of our covenant with respect to tying the development of this property to that plan, and prohibiting the ingress and egress to Southwest 22nd Terrace. Any modifications to any of those things have to come before you for approval. Thank you. Vice Chairman Gonzalez: All right. Ms. Slazyk: Just for -- Commissioners, it's very similar to the one you had earlier. The Class II Special Permit is not -- the Planning and Zoning Department is -- can't accept the voluntarily proffered covenants. Only this body can do that. We never refuse anybody the ability to sit down with us and work on design details through the Design Review process and the Class II process, but we can't accept it. We have no way to legally tie them to those plans. That's why they're here before you. Vice Chairman Gonzalez: All right. Mr. Pastoriza: They're tied now, though. Vice Chairman Gonzalez: Commissioner Regalado, it's in your district. Commissioner Regalado: Yeah, I move to approve the change, with the covenant. Commissioner Winton: What is the covenant? Chairman Sanchez: What covenants? Commissioner Winton: 1 want to hear this covenant. Vice Chairman Gonzalez: That there will be no ingress or egress. Commissioner Regalado: I want to hear the covenant, too. Mr. Pastoriza: Yes. Commissioner Regalado: Well, he said it already, but 1 want -- Mr. Pastoriza: Yeah, I already did. Commissioner Regalado: But put it on the record. Mr. Pastoriza: But just -- I will explain again. The substantive issues on the covenant are as follows: That said property shall be developed substantially in accordance with the plans previously submitted to the City of Miami as part of an application for a Class II Special Permit. The plans are entitled 'proposed parking lot expansion and future addition to existing restaurant prepared by Architect Group; " said plans being on file with the City of Miami Department of Planning and Zoning, and by reference, made a part of this agreement. Two: "There shall be no vehicular ingress and egress to Southwest 22nd Terrace." Then you have a bunch of legalese, and then the next, I think, substantive portion that you want to hear is with regards to any City of Miami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 modifications, amendment of releases, and basically the language there is that "any modifications to this declaration must be done by the City of Miami Commission after a public hearing." Vice Chairman Gonzalez: All right. We have a motion. Do we have a second? Jorge L. Fernandez (City Attorney): Mr. Chairman, before you even get to that, appropriately, this covenant should be introduced when you deal with the next item, Item 31. Here, you're doing -- dealing with the Comprehensive Plan change, but in any event -- Commissioner Regalado: But it's relevant to what we're doing. Mr. Fernandez: That's right, and that's fine, and you can readopt that when you consider the next item, if this item is successful, but the fact still remains that he's proffering it. We have not reviewed it. We would like to get input from staff because perhaps, Mr. Pastoriza would be so kind to accept recommendations that we would make to beef up that covenant -- those covenants -- Mr. Pastoriza: I accept it. Mr. Fernandez: -- and he would then continue to proffer them. Mr. Pastoriza: I accept. Commissioner Regalado: This is first reading. Vice Chairman Gonzalez: All right. Ms. Slazyk: Yeah. Mr. Fernandez: We understand it's first reading -- Vice Chairman Gonzalez: It's only first reading. Mr. Fernandez: -- but it's already executed. Commissioner Regalado: No, I mean -- he has to come back on second reading with the Planning Department having -- Vice Chairman Gonzalez: Recommendations. Ms. Slazyk: Yeah. Commissioner Regalado: -- studied the covenant. Ms. Slazyk: Right. The point is that that covenant he handed me is already executed, and there are going to be some recommended changes. Mr. Pastoriza: We will re -execute -- Ms. Slazyk: Re -execute, correct. Mr. Pastoriza: -- the covenant. Ms. Slazyk: OK. City of Miami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: Good. Commissioner Regalado: 1 mean -- Ms. Slazyk: That's fine. Commissioner Regalado: -- second reading, it can be voted down. Ms. Slazyk: True. Mr. Fernandez: Correct. Vice Chairman Gonzalez: OK. We have a motion. Do we have a second? Chairman Sanchez: Second. Vice Chairman Gonzalez: And we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Madam City Clerk -- Ms. Thompson: Roll call. Vice Chairman Gonzalez: -- roll call. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes, for first reading. Ms. Thompson: Vice Chairman Gonzalez. Vice Chairman Gonzalez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes, on first reading. Ms. Thompson: The ordinance has been passed on first reading, 4/D. PZ.31 04-00564a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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 WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3253, 3265 AND 3269 City of Miami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00564a SR Fact Sheet.pdf 04-00564a Analysis.PDF 04-00564a Zoning Map.pdf 04-00564 & 04-00564a Aerial Map.pdf 04-00564a ZB Reso.PDF 04-00564a Application & Supp Docs.PDF 04-00564a Legislation.PDF 04-00564 & 04-00564a Exhibit A.PDF 04-00564a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas LOCATION: Approximately 3253, 3265 and 3269 SW 22nd Terrace APPLICANT(S): Coral Way Acquisition Properties, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 6-3. Also, recommended approval to change the zoning from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD- 23 Coral Way Special Overlay District for lot 34 and SD-12 Buffer Overlay District over the remaining lots 32 and 33. See companion File ID 04-00564. PURPOSE: This will change the above properties C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. Motion by Commissioner Regalado, seconded by Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Direction to the City Attorney by Commissioner Winton to review the covenant voluntarily proffered by the applicant, and ensure that the City is protected in the long-term from any changes that may occur on this site. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 31 -- Vice Chairman Gonzalez: All right. PZ.31. Ms. Slazyk: -- is the companion. Vice Chairman Gonzalez: It's a public hearing. Anybody in opposition? Anybody in favor? OK. The public hearing is closed. Commissioner Regalado. City of Miami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: Mr. Chairman, I move PZ 31 on first reading, with the covenant. Vice Chairman Gonzalez: All right. We have a motion to approve with the acceptance of the covenant. Do we have a second? Chairman Sanchez: Second. Vice Chairman Gonzalez: And we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez:: Madam City Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Winton? Commissioner Winton: Well, on the comment side, I just want to make sure that -- I'm still nervous about this covenant. I'm not sure it does what we want it to do. Maybe it does but, Mr. City Attorney, I hope you're looking at this proffered covenant very carefully to make sure that we have the long-term protection that we need so that we don't end up with the restaurant closing down, selling to a high rise developer that can automatically step in and build a high- rise -- Vice Chairman Gonzalez: Right. Commissioner Winton: -- development right there, and right there on 22nd Avenue, so that's my only point, and my vote is yes. Gilberto Pastoriza: Suggestion well heeded. Commissioner Winton: Yeah, correct. Thank you. Ms. Thompson: Continuation of the roll call. Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes, ma'am. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The ordnance has been passed on first reading, 4/0. Mr. Pastoriza: Thank you. PZ.32 04-00561 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 339 NORTHEAST 28TH STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY City of Miami Page 150 Printed on 12/16/2009 City Commission Verbatim Minutes September 27, 2004 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. 04-00561 FR Fact Sheet.pdf 04-00561 Analysis.PDF 04-00561 Land Use Map.pdf 04-00561 & 04-00561a Aerial Map.pdf 04-00561 School Brd Recomm.PDF 04-00561 PAB Reso.PDF 04-00561 Application & Supp Docs.PDF 04-00561 Legislation.PDF 04-00561 & 04-00561a Exhibit A.PDF 04-00561-submittal 1 - Ietter.pdf 04-00561-submittal 2 - declaration of covenants.pdf REQUEST: To Amend Ordinance No. 10544, from "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 339 NE 28th Street APPLICANT(S): Dana Murphy, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2004 by a vote of 5-1. See companion File ID 04-00561 a. PURPOSE: This will change the above property to Restricted Commercial. DENIED A motion was made by Commissioner Winton seconded by Commissioner Regalado, and was passed unanimously, to DENY item PZ. 32. Vice Chairman Gonzalez: All right. PZ 32. Mr. Chairman. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.32 and 33 are first reading items. They're companion zoning and land use. This is for properties 339 Northeast 28th Street from high -density multifamily to restricted commercial. The Planning and Zoning Department is recommending denial. It's also been recommended for denial by the Planning Advisory Board, and the Zoning Board recommended approval. If you look in your package, you'll see this is also another one where the line that separates the restricted commercial classification on Biscayne Boulevard, it's a very clean line that separates the commercial from the residential. We don't recommend the commercial classification crossing into that because it represents more commercial intrusion of uses into the neighborhood. The zoning change though does, however, include the SD-20 classification, which would at least require special permit, but it's still a commercial intrusion and we recommend denial. Chairman Sanchez: All right. Applicant, sir, state your name for the record. City of Miami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Dana Murphy: Good evening. My name is Dana Murphy. I am the owner and resident of 339 Northeast 28th Street. I am here before you tonight asking to be allowed to go C-1. I have a business. It's called Caribbean Hair Service, and I have a certificate from the Federal Government -- the Federal Aviation Administration for that address as my office. I have airplanes based at Opa-Locka Airport, and the property is used just as my office. Commissioner Winton, 1 heard you say that you had concerns about someone getting C-1 and then selling there shortly after. I first would like to address that, and then go on to some other items concerning this. Chairman Sanchez: There should be one there, sir. If not, here, you could use this one. Mr. Murphy: Oh, OK. Is it on? Chairman Sanchez: Yes. Mr. Murphy: What I have here is some pictures of what the area looks like, just to give you an idea. My house is right here. 1 don't know if everyone can see it or not. It's right here. It's labeled number 9. Chairman Sanchez: That's the property -- Mr. Murphy: Yes. Chairman Sanchez: -- that you want to rezone? Mr. Murphy: Yes. It's this house right here. I don't know if you can see it. Chairman Sanchez: And that's also your office? Mr. Murphy: Yes. Now, the properties just before me are all commercial, and the properties across the street from me are also all commercial. Chairman Sanchez: But you're in R-3 or R-4? Mr. Murphy: I'm in R-4. In all the properties this right here is slated for -- and I remember what you said -- this is someone proposing to put a project here, a 17-story building condominium, and this likewise right here down the street from me is -- I don't know if you've heard -- Onyx II is going down there. Right next beside my house, a church has purchased this property and they have turned it into a parking lot. Right behind my house is the church, and 1 say this because -- Commissioner Winton, you were concerned about people selling shortly thereafter getting C-1. I am -- Commissioner Winton: Well, I (INAUDIBLE) Mr. Murphy: Well, I just wanted to address, you know, whatever concerns I've heard tonight, and it's a valid point. I am landlocked. 1 have a church that has this parking lot. They first purchased this property as a building. They tore it down; turned it into a parking lot. I am landlocked all around. I have a colonial building. I've totally restored it, and 1 would like to continue to use it as my office. Chairman Sanchez: Sir, 1 have a question for you. Mr. Murphy: Sure. City of Miami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Just -- your property, is it -- to your right is what, commercial? Mr. Murphy: Yes. Chairman Sanchez: And to your left? Mr. Murphy: Is a church parking lot. Chairman Sanchez: And what is that? Mr. Murphy: It's right here. It was -- Chairman Sanchez: Commercial? Mr. Murphy: No. It's R-4. Chairman Sanchez: OK. Mr. Murphy: There was a building standing here -- there probably four months ago, so I think the point that 1 was making, that I am landlocked, and 1 am trying to preserve that property -- 1'm probably the only owner on that street that lives there, and I have my office there. My license is there. Chairman Sanchez: You do have a Certificate of Use and occupational license, do you? Mr. Murphy: No, I don't, and that's why I'm here. Chairman Sanchez: All right. Mr. Murphy: I would like to present this to the Clerk so that she could pass it around to the Commissioners, so that they can see. Right now, I can use it -- I see a smile. Chairman Sanchez: Well -- Mr. Murphy: -- right now, I can use it because you are entitled to have a business in your home. However, as far as the FAA (Federal Aviation Administration) is concerned, 1 need to do this in a legal fashion. Commissioner Winton: I think, as far as we're concerned, it's the same thing. Chairman Sanchez: In a legal fashion. Commissioner Winton: Yeah. Mr. Murphy: In a legal fashion. Chairman Sanchez: The term. Mr. Murphy: 1 went to the Planning Board and the Planning Board was in favor of what I was trying to accomplish. They voted it down because I did not have a covenant. I didn't even know what a covenant was, and 1 have gotten an education from that point on. I prepared a covenant, and when 1 went to the Zoning Board, 1 offered the covenant, and it was approved. The concerns that they had was, "Well, you could always turn this into a nightclub or a restaurant and the like." In the covenant, which is in the package that Planning and Zoning has, it clearly states that, in fact, this property will not be used for a restaurant or a bar or anything of the like. It City of Miami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 will be used as an office, and that's it. One of the questions that was raised during the Zoning Board hearing was, what type of signage would I use, and the new covenant that I have addresses that, and what it says is, in essence -- I won't go through the whole thing. In essence, it says that it will be 36 inches by 36 inches; a very small plaque that will probably be on the outside of the door, a bronze plaque or something but I would offer this covenant to the covenant that was already offered at the Zoning Board, and it's just to clam that -- the signage, but I have been very active in the neighborhood, and 1 care about my neighborhood. I don't --1 wouldn't want someone to have a business in -- on my street that would interfere with residential living. The business that I have -- the office that I have in my house does not interfere, in any shape or form, with the residential living there at all. I have no apartments in my building. 1 am the only owner that lives on that street. There is no one else, and 1 take care of my street. 1 sweep it. I've organized activities to clean the end of the street. I do care about my street. 1 have asked all of the owners on this street, except Onyx -- because they just came in, and I don't think they would care -- but I have asked all the owners on my street if they would sign a petition indicating that they would have no problem with me going from R-4 to C-1, and 1 offered that. This is from all of my neighbors on the street. Chairman Sanchez: Could you turn that in to the Clerk as a public record? Thank you. Mr. Murphy: 1 understand that the City has concerns about people going C-1. I, as a citizen of this city, have the same concerns. There have been other occasions within the area that this type of allowance was allowed, and those that were given C-I certainly -- I don't think 1 fall into the category of intrusion as one might say that they might. I think it's very clear, I'm right on the C-1 line. I'm on a very small street that high-rise development is going in. Did you want to say something? Chairman Sanchez: No, no. Mr. Murphy: Oh, I'm sorry. And that's basically it. You know, 1 know it's late; people are tired, but I'm asking for C-1. Chairman Sanchez: Thank you, sir. Is there anyone in opposition? Anyone from the public who wants to speak for or against this item? Hearing none, the public hearing is closed. Open for discussion with the Commission. Mr. Murphy: Chairman? Chairman Sanchez: Sir, what was your name again? I'm sorry. Mr. Murphy: Dana Murphy. Can 1 ask for -- Chairman Sanchez: Murphy? Mr. Murphy: Yes. Can 1 ask for one thing? Chairman Sanchez: Sure. Mr. Murphy: I have a tape and it's a very short tape of the Planning and Zoning, and 1 think some of the things that the board members had brought up, I think might lend a little credence to what I'm trying to do here tonight, so with your permission -- Chairman Sanchez: It's Dana, correct? Mr. Murphy: Dana, D-A-N-A. City of Miami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Do you mind if I call you Dana? I don't think you're going to need that -- Mr. Murphy: OK. Chairman Sanchez: -- to be honest with you. Johnny. Commissioner Winton: Well, why don't you go rent an office space? Mr. Murphy: Well, Commissioner, these are very tough times in the aviation industry. We had an office at Opa-Locka Airport. Dade County decided that they wanted to declare most -- probably 85 percent of the airport inhabitable. We had to move out. That's why 1 had a license change to my home, and it has been very successful for me there because I'm able to work and live there. Commissioner Winton: People have offices in their homes all over the place -- Ms. Slazyk: Yes. Commissioner Winton: -- and they don't have to be -- they're in R-1. They don't get rezoned to commercial. Ms. Slazyk: No, they don't. Mr. Murphy: Commissioner, you're absolutely right, and that's one of the reasons why I wanted to show the tape. I think there's an individual there that really can lend a little credence to what I'm trying to say and do, so if I could play the tape -- it's very short. I know you're tired. Commissioner Winton: No. This is a public policy issue. This isn't about you. This is a public policy issue. Mr. Murphy: No. I understand that. Commissioner Winton: And I hate this idea of creating a precedent where we're going to take -- and this whole area is going to go high-rise because it got rezoned high-rise, because the neighborhood probably wanted it high-rise back in the mid-'80s, which was a -- it was stupid back then, but it was done, but to put commercial in the middle of it now doesn't -- I don't understand why in the world we would do that, and this is a nice man. He does take care of his neighborhood. He's a great guy, but this is a public policy issue. We're going to accommodate somebody whose business is having some trouble relative to something and rezone their house C-1 makes no sense to me. Mr. Murphy: Commissioner, I am on the C-1 line, so it's not like -- Commissioner Winton: I know you're -- Mr. Murphy: -- that it's an intrusion, and I think that with all of the development that has gone on in that neighborhood, it's forced a lot of good people out. I would think that the Commissioners would want to keep some of the good people in there and not just tear everything down. Commissioner Winton: It isn't -- Mr. Murphy: If -- Commissioner Winton: -- about the good people or you. It's about the public policy issue of up - City of Miami Page 155 Printed on 12/16/2009 City Commission Verbatim Minutes September 27, 2004 zoning this area and creating a new indentation called "commercial, " and we fight this everyday. Mr. Murphy: Commissioner, there have been several changes in the area for a commercial. Commissioner Winton: No. Listen, 1 know everything about the area. 1 know the area backwards and forwards. I know what's going on. Mr. Murphy: Down the street from me there, they've given commercial. Up the street from me has been given commercial. I can give you the addresses here, if you would like? Commissioner Winton: Lourdes, what's the zoned commercial down the street? Ms. Slazyk: The commercial -- and, again -- I mean, look at the package -- the nearest commercial that actually comes into the same line as this is up at 31st Street, and I'm not sure how recent a change that is. I don't recall that being real recent, but there is nothing for several blocks in either direction. Mr. Murphy: There is 20th Street, 341 Northeast 20th Terrace, 340 Northeast 21 st Street. There's one up on 58th Street. Commissioner Winton: Well, that doesn't -- have anything to do with where we are here. Ms. Slazyk: Right, yeah. Commissioner Winton: The fact that somebody's got a commercial zoning -- they didn't take an R-1 zoning and convert it to commercial. Mr. Murphy: Commissioner, we had -- it was a hearing a couple weeks ago by the Planning Board concerning Onyx II, and one of the board members said to us that we should move out of the neighborhood and allow the high-rises to come in. Commissioner Winton: Well, 1 didn't say that. Mr. Murphy: 1 didn't say that, Commissioner, but what I'm saying is that because of all of these high-rises going in, it has created a hardship for a lot of us living there. Now, a lot of people are making money, but for a lot of us, we're landlocked, and if you drive around in your area, you'll see that there are many colonial buildings that are landlocked, so what do we do? Commissioner Winton: Convert them to commercial? 1 don't think so. Mr. Murphy: No, that's not what I'm suggesting. Commissioner Winton: That is what you're suggesting. Mr. Murphy: What I'm saying is that we should try to hold on to them. In my particular case, 1 have an opportunity to work and live in my residence. I have a federal license from the federal government, FAA. Commissioner Winton: I'm not going to debate with you any further. Mr. Murphy: OK, Commissioner. Commissioner Winton: Thank you. Ms. Slazyk: Home occupation is permitted to 25 percent of the square footage of a home right City of Miami Page /56 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 now. Commissioner Winton: So he probably doesn't use more than -- do you use more than 25 -- Mr. Murphy: Yes, I do, Commissioner. Twenty-five percent is a very small number. I have a charter business. Commissioner Winton: How many people work for you? Mr. Murphy: 1 have seven people that work for me. Commissioner Winton: In this house? Mr. Murphy: Well, they come in and out. I have pilots. I have office people. Chairman Sanchez: All right. Commissioner Winton: My motion is to -- Chairman Sanchez: All right. Commissioner Winton: -- accept the recommendation of both the Planning Department and the Planning Advisory Board. Chairman Sanchez: And deny? Commissioner Winton: And deny. Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second There's a motion by Commissioner Winton, second by Commissioner Regalado. Open for discussion. Hearing none, it's an ordinance. Well, no. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Mr. Murphy: Thank you. PZ.33 04-00561a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4 " MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 339 NORTHEAST 28TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " City of Miami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00561a FR Fact Sheet.pdf 04-00561a Analysis.PDF 04-00561a Zoning Map.pdf 04-00561 & 04-00561a Aerial Map.pdf 04-00561a ZB Reso.PDF 04-00561a Application & Supp Docs.PDF 04-00561a Legislation.PDF 04-00561 & 04-00561a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from R-4 Multifamily High - Density Residential to C-1 Restricted Commercial with an SD-20 Edgewater Overlay District to Change the Zoning Atlas LOCATION: Approximately 339 NE 28th Street APPLICANT(S): Dana Murphy, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 7-2. See companion File ID 04-00561. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-20 Edgewater Overlay District. DENIED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to DENY item PZ. 33. Chairman Sanchez: All right. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 33 is the companion, which would need the same action. Commissioner Winton: So moved. Chairman Sanchez: OK. There's a motion to deny. Is there a second? Vice Chairman Gonzalez.: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries unanimously. Thank you, sir. PZ.34 04-00670 ORDINANCE First Reading City of Miami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 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 PROPERTIES LOCATED AT APPROXIMATELY 1636, 1646 AND 1650 NORTHEAST MIAMI COURT AND 1655 & 1657 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00670 SR Fact Sheet.pdf 04-00670 Analysis.PDF 04-00670 Land Use Map.pdf 04-00670 & 04-00670a Aerial Map.pdf 04-00670 PAB Reso.PDF 04-00670 Application & Supp Docs.PDF 04-00670 Legislation.PDF 04-00670 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "General Commercial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1636, 1646 and 1650 NE Miami Court and 1655 & 1657 N Miami Avenue APPLICANT(S): Filling Station Lofts, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 8-1. See companion File ID 04-00670a. PURPOSE: This will change the above properties to Restricted Commercial Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.34 and 35. Chairman Sanchez: PZ 34 is an ordinance on first reading. Ms. Slazyk: Yes. PZ34, and the companion item is PZ 35. This is for the properties at 1636, 1646 and 1650 Northeast Miami Court, and 1657 North Miami Avenue. The request for the change of land use is from general commercial to restricted commercial, and the change in zoning is from C-2 to C-1 with an SD-19 overlay of 2.62 FAR (Floor Area Ratio). The City of Miami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 recommendation from the Planning and Zoning Department is for denial, and the recommendation from the Planning Advisory Board and the Zoning Board are both for approval. Again, this is one of those that there is a concern because of the increase in the FAR when using the SD-19 overlay, and no ability or guarantee that we're going to be seeing any of these projects through a special permit. C-1, with this kind of FAR, could allow something very large without us ever getting a chance to see it and make sure that it's consistent with the future plans for this area that's just west of the Performing Arts Center, so -- but the Zoning Board and Planning Advisory Board had recommended approval. Commissioner Regalado: 1 mean, it looks beautiful on paper. Chairman Sanchez: I'm sorry. Both recommended approval? Ms. Slazyk: Both recommended approval. Chairman Sanchez: OK. Madam applicant. Lucia Dougherty: Good afternoon. I mean, good evening. Lucia Dougherty, with offices at 1221 Brickell Avenue. Here today on behalf of the owner and the applicant. Henry Harper is on his way. His plane got delayed because of the weather in New York coming back down to -- hello? OK. Chairman Sanchez: I didn't touch it, 1 swear. Ms. Dougherty: Huh? Chairman Sanchez: 1 didn't touch it, 1 swear. Ms. Dougherty: I understand. Henry is from New York and -- New York City, that is -- and Henry saw many neighborhoods that used to be industrial, which this is, converting to a mixed use; meaning, you have industrial garment centers along with residential, along with retail, along with entertainment, and that is exactly what he envisions for this particular area. If you look at the area, it is -- this is 17th Street right here, which is going to have this baby marketplace -- you'll see that in a Major Use Special Permit in the next couple of months -- which is a high -- which is a very large entertainment retail complex with residential around it. He is currently -- under construction with the Park Lofts Condominium, which is currently right here in purple. The one that we're talking about today is the one in blue, which is directly across the street from the concrete batch plant, so in terms of this as being exactly the kind of neighborhood that he envisioned when he left New York -- because it's got everything. It's got industrial. It's got residential. It's going to have retail. It going to be just a really interesting, fabulous mix of uses in this area. 1 wanted to show you what it's looking like right now from the site. Scott Bakos, with B&A is here. He's the architect. This is what you look like -- this is the site. You're standing on the site right here and you're looking straight at the concrete batch plant, and while that may be a deterrent to most people -- Commissioner Winton: And the railroad tracks. Ms. Dougherty: -- Henry thinks it's fantastic. Commissioner Winton: And the railroad tracks. Ms. Dougherty: And the railroad tracks. In terms of the architecture, each unit will have 18- foot, loft -style apartments, which is why we need the height from the C-1. We're actually down zoning and down planning this from industrial to C-1 restricted commercial. Restricted commercial does give us some height, so this will be 18 feet high ceilings. On the ground floor, City of Miami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 which is very, very cool -- you'll see a mix of cafes, restaurants, as well as a full-size basketball court that you'll see when you're walking down North Miami Avenue right in front of the concrete -- Commissioner Winton: This is a rendering of the project? Ms. Dougherty: Yeah. Commissioner Winton: OK. Chairman Sanchez: An actual rendering of the project? Ms. Dougherty: This is an actual rendering of what the actual project's going to look like, and the good news is, you know Henry, because he's developing, and he's actually started a ground breaking on this project directly across the street, so he's sort of creating a little urban neighborhood for himself. He's got this one under construction currently. This one's going -- this is the one you -- we're asking for a rezoning, and he is trying to purchase property immediately adjacent to it, as well, so, you know, we're going to have a very interesting mix very soon, we hope, assuming that you all agree with this rezoning, so we think it's a very exciting project. Two neighbors came here this -- earlier this evening, Dawn Properties and Francisco Martinez. They left their card. They saw this. They loved it. They couldn't be more excited, and they authorized me to say that they are in support. We again have the Planning Advisory Board recommendation of approval, as well as the Zoning Board, and we urge your approval this evening. Chairman Sanchez: Does that conclude your presentation? Ms. Dougherty: Yes, unless you have any questions. Chairman Sanchez: Thank you. Anyone else? Ms. Dougherty: And 1 have Scott Bakos, the architect, if you want to -- we're in construction design development drawings right now, so if you approve this rezoning -- we actually do not need a Major Use Special Permit because we have less units than are required. Chairman Sanchez: Well, it's -- when you're done with your conclusion, we'll open it for a public hearing, and then we'll continue. It's an ordinance that requires a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Hearing none and seeing none, the public hearing is closed, and we'll open it up for a motion or a second, and then for the purpose of discussion. Is there a motion for -- Commissioner Winton: Yes. I'm going to move to support the Planning Advisory Board recommendation of approval, and the reason I am -- and 1 think it's important to put it on the record because I'm opposed to a lot of the zoning changes we're making, as you all -- we've talked about it tonight, and it is about sending a signal. However, this is in a -- absolutely in an area where we've struggled to get redevelopment going, which is West Omni. It is underdeveloped, undeveloped, not developed, and Henry Harper, this developer, was the first guy to go in and he does have the project in purple under construction, and I looked at that project when it came forward and 1 said, you have got to be kidding me. This is in no-man's- land, and he's building very expensive condos. This project that we're looking at in front of us is very much in keeping with the first project, and it frankly does overlook the concrete batch plant, so -- but 1 think that the concern that Lourdes has -- Lourdes, you have a concern that --1 wasn't paying careful attention, but it seemed to me that you said you had some sort of concern about reviewing something? Did you -- City of Miami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: SD-19. Ms. Slazyk: The SD-19 gives a pretty high FAR bonus, and there's -- and we don't really get a right to review it, so once they get this approval, they could go build something different than this -- Commissioner Winton: Which we don't like that idea. Ms. Slazyk: -- which is very large and no ability to say no whatsoever. Commissioner Winton: Did they proffer something? Ms. Slazyk: That was my -- our only concern. Ms. Dougherty: We'll proffer it on second reading, but the other thing, too, is that this -- Commissioner Winton: I beg your pardon. Chairman Sanchez: Why can't -- Ms. Dougherty: We will proffer a covenant on second reading for this site plan. Chairman Sanchez: Why can't you do it on first reading? Ms. Dougherty: Because the Planning staff always asked for it on second reading. Commissioner Winton: 1 know, but it needs to be -- if you're proffering -- I don't know -- Ms. Dougherty: Correct. Commissioner Winton: -- if you're proffering anything -- Ms. Dougherty: Right. Commissioner Winton: -- some covenant that gives them protection -- I'm not asking for anything, mind you. Ms. Dougherty: Correct. Commissioner Winton: -- that covenant will go to them -- Ms. Dougherty: Prior to the second reading. Commissioner Winton: -- then the City Attorney; they'll sign off on it, and when it comes back for second reading all that's going to be approved; is that correct? Ms. Dougherty: Absolutely. Commissioner Winton: OK, so that's what I thought. Chairman Sanchez: All right. There's a motion for approval. Is there a second on this ordinance? Vice Chairman Gonzalez: Second City of Miami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: A second. Commissioner Regalado: Second Chairman Sanchez: Now it's open for the purpose of discussion. Anyone wishing to discuss the item? Vice Chairman Gonzalez: I don't think so. Chairman Sanchez: Hearing no discussion, Mr. City Attorney, read the ordinance on first reading. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chairman Sanchez: OK. Ms. Dougherty: Thank you very much. PZ.35 04-00670a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2 " LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN " SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT OF 2.62 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1636, 1646 AND 1650 NORTHEAST MIAMI COURT AND 1655 & 1657 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00670a SR Fact Sheet.pdf 04-00670a Analysis.PDF 04-00670a Zoning Map.pdf 04-00670 & 04-00670a Aerial Map.pdf 04-00670a ZB Reso.PDF 04-00670a Application & Supp Docs.PDF 04-00670a Legislation.PDF 04-00670a Exhibit A.PDF 04-00670a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from C-2 Liberal Commercial to C-1 Restricted Commercial with an SD-19 City of Miami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Designated F.A.R. Overlay District of 2.62 to Change the Zoning Atlas LOCATION: Approximately 1636, 1646 and 1650 NE Miami Court and 1655 & 1657 N Miami Avenue APPLICANT(S): Filling Station Lofts, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 12, 2004 by a vote of 8-1. See companion File ID and 04-00670. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.62. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Chairman Sanchez: PZ.43 and 44. Priscilla A. Thompson (City Clerk): I'm sorry. We had a companion -- Vice Chairman Gonzalez: What about 35? Lourdes Slazyk (Assistant Director, Planning & Zoning): Wait. PZ 35 is a companion. Chairman Sanchez: Oh, PZ 35 is a companion. It's an ordinance, first reading also. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second Chairman Sanchez: There's a motion and a second. It's a public hearing. Anyone from the public wishing to address this issue, please step forward. Hearing none and seeing none, the public hearing is closed. There's a motion and a second on the floor. Motion is made by Commissioner Winton, seconded by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion -- I'm sorry? Commissioner Winton: No. I'm -- nothing. Chairman Sanchez: Hearing no discussion, Mr. City Attorney, read the ordinance. Jorge L. Fernandez (City Attorney): PZ.35. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 16-1 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.36 04-00671 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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 201 THROUGH 261 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00671 SR Fact Sheet.pdf 04-00671 Analysis.PDF 04-00671 Land Use Map.pdf 04-00671 & 04-00671a Aerial Map.pdf 04-00671 PAB Reso.PDF 04-00671 Application & Supp Docs.PDF 04-00671 Legislation.PDF 04-00671 FR Fact Sheet.pdf 04-00671-Submittal-Photo.pdf 04-00671-Submittal Letter.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 201-261 SW 6th Street APPLICANT(S): 261 Brickell, LLC, Owner and Omega Alpha Engineering USA Group, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission on September 13, 2004. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 7-1. See companion File ID 04-00671 a. PURPOSE: This will change the above properties to Restricted Commercial CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez absent, to CONTINUE item PZ. 36 to the City of Miami Page 165 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commission Meeting currently scheduled for October 28, 2004. Chairman Sanchez: OK. Moving right along. PZ.36. PZ.36. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.36 and 37 are actually companion items for a change of land use and zoning. PZ36 is 201 through 261 Southwest 6th Street from industrial to restricted commercial. Chairman Sanchez: Could you please carry the conversation outside? Thank you. Good night. Drive home carefully. Ms. Slazyk: And PZ 37, the companion -- Chairman Sanchez: Register to vote. Donate some blood Ms. Slazyk: -- PZ 37, the companion zoning item, is from SD-4 waterfront industrial, and industrial to SD-7 Central Brickell rapid transit commercial -residential district. The Planning and Zoning Department had recommended denial of this. The SD-7 classification is something that has been applied primarily to the Central Brickell District. This is already pulling out into the West Brickell District, and until the area is studied and a new special district is developed for West Brickell, we felt that this was premature in the density and intensity. The FARs (Floor Area Ratios) are very high. The Planning Advisory Board recommended approval and the Zoning Board also recommended approval. Commissioner Winton: What is your objection again? Ms. Slazyk: Our recommendation was for denial, because if you look on the map at where this is, you can see that it is -- denial in the SD-7 and commercial in the middle of an industrial area. SD-7 is something that traditionally has been put in the Central Brickell area. That was where it was applied. There were two other properties along the Miami River adjacent to SD-7, where it was applied, where the NEO Vertica is and the Latitude project. This is a little further out. It's already starting to bleed beyond the Central Brickell area into West Brickell. This is a very high FAR associated with SD-7, and this may be premature for this piece of property. The only advantage is that with the SD-7, we would get design review rights on whatever they chose to do, but it's otherwise a very high FAR for the West Brickell area, and West Brickell should probably be -- have its own SD (Special District) developed for it, and SD-7 may not be appropriate because the FARs are high. Chairman Sanchez: Lourdes, just for point of clarification, your concern is that SD-7 gives them huge FAR bonuses? Ms. Slazyk: It's a very huge FAR. Chairman Sanchez: All right. Ms. Slazyk: 1 believe, for a mixed use, it allows over eight. Chairman Sanchez: And the Design Review -- Commissioner Winton: Well, when do you -- Chairman Sanchez: -- would you -- well. Commissioner Winton: When are you going to figure this out, though? City of Miami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Yeah. Ms. Slazyk: The -- what -- figure what out? Commissioner Winton: What this little bitty section of the river up against 1-95, what it should be? It's not going to be industrial. Ms. Slazyk: There was a Brickell Village Plan done, and now, 1 think what we're -- what this is going to do is, The Miami 21 is going to be developing recommendations for the neighborhoods of the City after the corridor phase is done, but the SD-7 is just a very high FAR. It's -- it could create something that's out of scale and character with this area, if it's by itself. Chairman Sanchez: All right. Madam applicant, you're recognized. Gloria Velazquez: Members of the Commission, good evening once again. Gloria Velazquez, with law offices at 1221 Brickell Avenue. With me today is Alfredo Acosta, who is the principal of Omega Alfa Engineering, and the time that we applied, he was a contract purchaser. He has since closed on the property, as well as 261 Brickell Avenue, as applicants. You will notice that this site is across the street from the administration building, so we're straight across the street. I'm just trying to point you -- direct you to where we're at. Originally -- I'm going to go straight to the point -- originally, the reason why we were not recommended for approval by the Planning Department is because, technically, FDOT (Florida Department of Transportation) has bought this site to build a bridge tower. The bridge tower is right here in purple. That is the current zoning on -- it was -- remain industrial. Since we don't abut another SD-7, then technically, they're recommending denial because we're not adjacent to another SD-7. Had FDOT not bought this property for the bridge tower, then we would be because NEO Vertica and Latitudes are right here, and we would -- it would be a natural progression. 1'd like to just go into a little bit of details of what your land use comp plan allows for, which is one of the reasons that they -- the City state, is that this change is not a logical category for the subject properties and it will represent an intrusion to our well-defined industrial area. Commissioner, like you said, this area is not going to be industrial. This area is -- this all SD-7. This is already -- the orange is already restricted commercial, so it's not like we're asking for anything out of the norm in this particular area, but 1'd like to point out that your Miami River Corridor Urban Infill Plan calls for a connection through a river walk of all these parcels. All these parcels, when the river Commission talks about these parcels, they're talking about these parcels in red right here, the Brickell Village, and the Miami River Commission -- and we're right here in the middle. On 1-95 -- you will see 1-95 going east, that we are in the Brickell Village area. The River Commission states "Allowable uses along Brickell village's waterfront include restricted commercial, waterfront industrial, industrial and parks and recreation. A Special District Overlay of SD-7 of the neighborhoods commercially zoned waterfront encourage the type of high intensity mixed use development now making its mark on the area." This expansion -- this type of expansion use westward to 1-95, which is -- I'll show you it here on the zoning map. What they're talking about -- what the River Commission is talking about is exactly what Latitudes and NEO Vertica, they're talking about SD-7 expansion towards 1-95, and we're looking at 1-95 here, so this is in this particular area. It continues and says that the "expansion of this type of use" -- which is SD-7 -- "westward to 1-95 and to the areas presently zoned for industrial waterfront, industrial uses offers opportunities for rounding out the growing mixed use district and connecting it to Jose Marti Park," a riverside 10-acre park that everyone will benefit. This is quote from the River Corridor Urban Infill Plan. If this remains industrial, we'll never achieve that. This amendment is stated on page 18 of your Urban Infill Plan, and just two weeks ago or so, we went through the Infill -- to the River Commission and we got unanimously approved for this. The City states that it would be more appropriate to wait and wait for a comprehensive manner, but we can't wait. I mean, this the time. This is opportunity. This is what is called for this area. We did exactly what the Miami River Infill Plan calls for. You'll know that Finigans recently came before you. Our plan calls for the river walk. It would connect us and it would also have the City of Miami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 inroad -- on -road trail that would allow for bicycles and pedestrians on our south side. The City close to Miami Comprehensive Neighborhood Plan, which states -- I'm sorry -- which requires a city to promote efficient use of land and minimize land use conflicts. Well, this is exactly what we're doing here. We're minimizing land use conflicts. We got residential here. We already have this as restricted commercial for the land use itself. What the City fails to address is that this land use amendment further promotes and fulfills the goals and objectives and policies of our own Miami Neighborhood Comprehensive Plan. If we were to do the analysis, the analysis that the City did for NEO Vertica and Latitudes, we fall into their analysis. It is found that this is -- parcel is adjacent to the Miami River, and a logical extension of the Central Brickell area riverfront. Our parcel fits into this. It is found that this application is in order to bring development to the Miami River, as it approaches downtown Miami. This is our site. This is exactly our site. It is found that the requested change to restricted commercial will allow greater flexibility in developing mixed uses for this portion of the river. I can go on and on, but these -- this is the analysis used for NEO Vertica and Latitudes, and we're abutting those parcels. I'd like to reiterate again -- I'm not going to go into further policies and land use objectives from your own Miami Neighborhood Comprehensive Plan, and I'll make this short. I just want to point out that the City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations. 1 brought you the map showing you where our Metrorail and Metromover stations are and how close this site is to that. This is exactly what your Miami Neighborhood Comprehensive Plan states. It will encourage high density residential development. We also have neighborhood support. In the packages submitted to the City, we have neighborhood support. We have numerous letters from neighbors that are looking forward to having this -- rezoning of this property. Lastly, one of the concerns that most Commissioners raised is, how are we going to have control over design? Well, this is a special district. When we have a special district, we have to go through a Class 11 Special Permit process, so we can't surprise anyone. We will have to obtain a Class II Special Permit. Again, I just want to point out that this is already zoned SD-7. This is what the Miami River Urban Infill Plan calls for, but for a technical issue with FDOT purchasing the property for the bridge tower, we would be abutting another SD-7. We receive Zoning Board recommendation of approval. We received Planning Board recommendation of approval. We received the River Commission Infill Committee approval, and the River Commission approval for this. Like to quickly point out -- and I've said --. I already stated this earlier -- we -- since this is an SD-7, this is a special district, we will have to go through a Class II Special Permit process, so there is no way of getting out of going through a design review, and we will have to do that with the City staff. With that, I end my presentation. I urge your approval. Planning Board, Zoning Board, River Commission -- this is exactly word- for-word what the River Commission plan calls for. Many times I've heard you say, well, you know, we're not getting what we're asking. Well, you're finally getting what we're -- what you have asked for. This is a special circumstance, as to why you would allow this. A lot of times 1 hear, well, it has to be a unique situation. Well, this is a unique situation. Thank you again for your time. I urge your recommendation of approval. Thank you. Vice Chairman Gonzalez: Thank you. Is there anybody in opposition of this or in support of this application? All right. Seeing none, hearing none -- Commissioner Winton: No. There's one. Vice Chairman Gonzalez: Yes, sir. Commissioner Winton: Come to the microphone, please. Need your name and address for the record, please. Charles Tavares: Hi. Good evening. Charles Tavares, 250 Southwest -- thank you. Thanks -- 250 Southwest 7th Street. I'm here in support of the application to change the zoning to SD-7, because we certainly believe that it will help the area, you know, and that will enhance the whole City of Miami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 neighborhood We very involved in neighborhood We own businesses in the area and properties, as well, and a resident of the Brickell area, and we believe that, you know, will help, you know, implement the river walk, you know, concept, which the City of Miami, you know, is putting up in downtown, and we believe this should be happening on the river across downtown, the south side, so I urge you to approve the application. Thank you. Vice Chairman Gonzalez: Thank you. Anybody else? OK. Seeing none, hearing none, the public hearing is closed Commissioner Winton. Commissioner Winton: Here's what I'm willing to recommend I talked to staff and SD-7 is very high density. You could build a Four Seasons tower on this site with that zoning. 1 don't know that that's an appropriate density for that site. Staff doesn't know if that's appropriate density for the site, but we don't know, and there's -- but most of West Brickell does not have that kind of density, so I don't -- we don't know yet what really ought to go there. What we would do -- but we know one thing for sure, it ain't industrial. It's not going to be industrial. It will be a higher intensity use, and I'm willing tonight to move a resolution that would allow for the rezoning of this site to restricted commercial, which it does have an abutting zoning, and -- but with the proviso that in that C-1 zoning, that whatever the project is, would need design review. Couldn't be just whatever the heck you wanted to develop, and once that's in place and once we finish the planning process that determines what this zoning will be -- it could be up -zoned again. We don't know. It -- but the Planning Department feels that it isn't likely to go to SD-7; that it's going to be something less than that, but it's probably going to be some -- it may be something more than C-1, but we just don't know, so not knowing -- we only get one chance not to make a mistake, and so -- and it isn't as though the world's coming to an end and we have to have all kinds of new development because we don't, and so 1 don't want to make a mistake on that site, and so, with Planning staffs recommendation, if you all want -- I'm not going to do it if you don't want it -- but I'm willing to offer that we would pass -- is this an ordinance? Vice Chairman Gonzalez: It's an ordinance. Commissioner Winton: -- that we would allow for a rezoning of this site to C-1, with design approval tied to the project, and that's all we're willing to do tonight. Ms. Velazquez: What I'd like for you to consider, the SD-7 will make us go through the Class 11 permit process. Commissioner Winton: But the SD-7 has essentially unlimited density, and we don't -- Ms. Velazquez: No, it doesn't. It doesn't. SD-7 allows more FAR, and we can't have -- let me just -- well, let me just go -- because we did some math here. Commissioner Winton: Well, it is math. Ms. Velazquez: We can't max out -- we cannot -- on this site, the way it is. One, this site is divided into two owners, but I can guarantee you there's going to be only one side, but right now, the project before -- that's going through the whole process, it's a small site. The SD-7 allows for more FAR, but it doesn't increase density, so no matter how much -- Commissioner Winton: What's the FAR in C-1? Ms. Slazyk: The FAR in C-1 is 1. 72. Commissioner Winton: What the FAR on SD-7? Ms. Slazyk: For mixed use, it's --1 believe it's over eight. City of Miami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Velazquez: But we're stuck with the density. Our density is 200 units, no matter what. Ms. Slazyk.: Per acre. Per acre. Commissioner Winton: Oh. Ms. Velazquez: Our density is 200 units under both, so what you're limiting us is to have nicer units, because we could have bigger units with more FAR. That's why I'm asking you to have faith in your staff that they will approve a project that's going to make you very, very proud. We have the architects. The architects are here. Victor Yu from Dorsky Hudson. They have designed an incredible building. We have gotten complimented and commended by the River Commission. Since this is a straight rezoning, I'm asking you -- Commissioner Winton: There's a project? I don't see any project. Ms. Velazquez: There is a project. Commissioner Winton: Where is it? Ms. Velazquez: Since this is a rezoning, typically, you do not want to see projects -- Commissioner Winton: I know. Typically, we don't -- Ms. Velazquez: But, however, since -- Commissioner Winton: -- but tonight, maybe we want to see it. Ms. Velazquez: OK. Commissioner Winton: 1 mean, it isn't -- there's no neighborhood opposition. Ms. Velazquez: Exactly, exactly. Commissioner Winton: This is just about long-term policy. Ms. Velazquez: We got commendation from the River Commission as to how we've addressed the river walk. This project will not have any variances. What this project does, it will have a beacon of light coming from the river, and it will shine right on the river. We were commended for our beautiful project. Commissioner Winton: What's the river walk look like? Ms. Velazquez: The river walk -- Commissioner Winton: Has staff seen this? Lourdes. Ms. Slazyk: 1 don't believe this has been turned in, but I -- I was just looking, they only touched the river at one little corner. Commissioner Winton: Right. Ms. Velazquez: Right. Ms. Slazyk: I don't understand what river walk you're referring to. City of Miami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Velazquez: Well, it's amazing because what they did was, they really worked it to make it a river walk that connects from Latitudes and NEO Vertica underneath the bridge. Commissioner Winton: But the river walk's going to be required all along there anyhow. Ms. Velazquez: Yes. Commissioner Winton: So whoever develops the rest of the piece has to continue the river walk. Ms. Velazquez: Yes. Commissioner Winton: They can only build what their site touches. Ms. Velazquez: What we propose is to have a public access right next to the bridge tower. Right now it's a blocked wall. Commissioner Winton: I think that what you all need to do, the applicant, needs to -- we need to continue this. Y'all need to meet with staff on kind of this project stuff, and they can come back with whatever recommendations that they need tied together, like we typically do these kinds of things. Otherwise, the only thing we're going to offer tonight is restricted commercial, so you can continue; make sure staff reviews the plan; we get whatever conditions we want in there, and then come back and ask for the SD-7, if -- Ms. Slazyk: With -- yeah. Commissioner Winton: -- with whatever conditions may be appropriate. Ms. Velazquez: OK. Commissioner Winton: So your choice. Ms. Velazquez: May I consult with my clients for a (UNINTELLIGIBLE)? Ms. Slazyk: We would also request that whatever meeting we have on this with the applicant, that FDOT be included, because anything -- there's assumptions about being able to connect under the river and be able to do things on FDOT right-of-way -- Commissioner Winton: Well, we're going to be real unhappy -- Ms. Slazyk: -- and embankment. Commissioner Winton: -- if FDOT doesn't make that happen, trust me. You can bring FDOT to the table, but they better be -- have connectivity. Ms. Slazyk: Yeah. It isn't ours. That's what -- you know, there's assumptions that that's going to happen, but it isn't in our jurisdiction. Commissioner Winton: Make sure they understand what we want. Ms. Slazyk: OK. Commissioner Winton: I'm sure they're going to -- I'm sure that Florida Department of Transportation is going to be most accommodating. They typically are and work -- City of Miami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Slazyk: Yeah. Commissioner Winton: -- very closely with us on these matters. Ms. Velazquez: The client is happy to work with staff. They're excited about this building. They're excited about the project. Commissioner Winton: So move to continue to -- Ms. Velazquez: A short period of time. Commissioner Winton: Next month. Ms. Slazyk: October 28th. Ms. Velazquez: This has been delayed -- we've been delayed -- Commissioner Winton: Next month. Next Planning and Zoning Meeting, month from now. Vice Chairman Gonzalez: All right. We have a motion to continue until the meeting of October 28th. Commissioner Regalado: Second. Vice Chairman Gonzalez: Do we have a second? And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. PZ.37 04-00671a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 36, 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 "SD- 4" WATERFRONT INDUSTRIAL DISTRICT AND "I" INDUSTRIAL TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 227-243 SOUTHWEST 6TH STREET, 261 SOUTHWEST 6TH STREET AND 201-227 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 172 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 04-00671a SR Fact Sheet.pdf 04-00671 a Analysis.PDF 04-00671a Zoning Map.pdf 04-00671 & 04-00671a Aerial Map.pdf 04-00671a ZB Reso.PDF 04-00671a Application & Supp Docs.PDF 04-00671a Legislation.PDF 04-00671a Exhibit A.PDF 04-00671a FR Fact Sheet.pdf 04-00671a-Submittal Letter.pdf REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial District and I Industrial to SD-7 Central Brickell Rapid Transit Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 227-243 SW 6th Street, 261 SW 6th Street and 201-227 SW 6th Street APPLICANT(S): 261 Brickell, LLC, Owner and Omega Alpha Engineering USA Group, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission on September 13, 2004. ZONING BOARD: Recommended approval to City Commission on July 12, 2004 by a vote of 6-3. See companion File ID and 04-00671. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential District. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez absent, to CONTINUE item PZ 37 to the Commission Meeting currently scheduled for October 28, 2004. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.37, the same. It's a companion. Vice Chairman Gonzalez: We also need a motion -- Gloria Velazquez: Thank you. Commissioner Winton: So moved. Vice Chairman Gonzalez: -- to continue. Commissioner Regalado: Second. Vice Chairman Gonzalez: We have a motion to continue 37 and we have a second All in favor, say "aye." City of Miami Page 173 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. Commissioner Winton: We might even be willing to make this the first item on the Planning and Zoning -- there's not any opposition, so this is really only about public policy issues. We could make -- Vice Chairman Gonzalez: Right. Commissioner Winton: -- this the first issue that should go fairly quickly, if that would help you all. Ms. Velazquez: Thank you. Vice Chairman Gonzalez: all right. Commissioner Winton: OK. PZ.38 04-00565 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 PROPERTIES LOCATED AT APPROXIMATELY 3525, 3541 AND 3545 SOUTHWEST 22ND 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. 04-00565 SR Fact Sheet.pdf 04-00565 Analysis.PDF 04-00565 Land Use Map.pdf 04-00565 & 04-00565a Aerial Map.pdf 04-00565 School Brd Review.PDF 04-00565 PAB Reso.PDF 04-00565 Application & Supp Docs.PDF 04-00565 Legislation.PDF 04-00565 Exhibit A.PDF 04-00565-submittal 1- declaration.pdf 04-00565-submittal 2 - permit.pdf 04-00565 FR Fact Sheet.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 3525, 3541 and 3545 SW 22nd Terrace City of Miami Page 174 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 APPLICANT(S): Coral East Development Corp. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2004 by a vote of 4-2. See companion File ID 04-00565a. PURPOSE: This will change the above properties to Restricted Commercial CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to CONTINUE item PZ.38 to the Commission Meeting currently scheduled for October 28, 2004. Direction to the Administration by Commissioner Winton to schedule Item PZ. 37 as the first item on the Planning and Zoning Meeting of October 28, 2004. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.38 and 39 are companion land use and zoning change item. The property address is approximately 3525, 3541, 3545 Southwest 22 nd Terrace. The request is from duplex residential to restricted commercial. This is another one of those 22nd Terrace properties behind Coral Way. This was recommended for denial by the Planning and Zoning Department; denial by the Planning Advisory Board, and denial by the Zoning Board. Commissioner Regalado: Lourdes, I'd like to understand this. What is the -- first of all, there is -- is there a building going up over there already? Is that the corner of 36 Avenue, or this is -- can somebody just explain to me this? Inez Marrero: I can -- Vice Chairman Gonzalez: Commission, I think the lady -- Ms. Marrero: I can answer. Vice Chairman Gonzalez: -- is trying to answer the question. Ms. Marrero: I can. Good evening, Mr. Chairman, members of the board For the record, my name is Inez Marrero. I'm an attorney with offices at 1 Southeast 3rd Avenue. I'm here on behalf of the applicant Coral East Development. To answer the question quickly, the application that's properly before you concerns these three lots on -- that face Southwest 22nd Terrace. The project that 1 believe you're thinking of is the old Kaufman and Roberts, the corner of Coral Way and 36th Avenue. That is not part of what's properly before you. That project is under construction. It was approved pursuant to a Class II Special Permit. Commissioner Regalado: OK, so -- Ms. Marrero: This project is the mirror image, so to speak, of that one, but that one already has its approvals. It was approved pursuant to a Class II, and it is under construction. Commissioner Regalado: OK. But does it have to do with a building in several -- or that's a derent project? Cary of Miami Page 175 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Marrero: This application contemplates development of a specific building that has been submitted to staff and that we will -- Commissioner Winton: But nothing's been developed. Ms. Marrero: It was not -- been developed, no. Commissioner Winton: Nothing's under construction. Ms. Marrero: And this is an old aerial. This has been demolished subsequent -- since the aerial was taken. Commissioner Regalado: OK, because the building is going up on 36 Avenue, and like the one we approved, it has no egress on 22nd Terrace. I'm talking about the new building -- Ms. Marrero: That's correct. Commissioner Regalado: -- on 36th. Ms. Marrero: Yeah. 1t was approved as a Class II Special Permit. I'm looking to confirm with the architect and the client that that is correct. I was not involved in that approval because, again, that was an approval "as of right," because it has a Special Overlay District. It had to undergo design review -- Urban Development Design Review Board and a Class II Special Permit. Commissioner Regalado: No, no. We know -- Ms. Marrero: But it's not before you. Commissioner Regalado: We know that Coral Way is protected, in terms of everything that goes up in Coral Way has to go through a huge -- Lourdes, how will you describe that? The overlay we approved for Ms. Slazyk: Yes. Commissioner Regalado: -- Coral Way. Ms. Slazyk: You're right. The SD-23 overlay is on Coral Way, so anything new, any new development, whether it's small or large, needs a Class 11 Special Permit, and the project that's under construction went through that process. This one requires the zoning change, and again, like the others, we can't tie a zoning change to a set of plans that's just a Class II, so the recommendation was for denial. Commissioner Regalado: Right, but are we talking here of a different project that have plans of exiting on -- what are the plans for 22nd Terrace, which is the main always concerns? Ms. Marrero: Sure. Well, 1 was sort of planning on walking you through the typical presentation first, because there's a planning item properly before you, show you where the property is and what your Comprehensive Plan shows, and explain to you why we think that, regardless -- and I've made this argument before the Planning Board and, interestingly, the Planning Board voted 4 to 2 against it, but two members felt that this argument was compelling enough, and similarly, the Zoning Board, it was 5 to 4 and four members of the Zoning Board felt that the argument was compelling enough that even if you didn't even take a look at what's going to be built there -- just from a pure planning standpoint -- it makes sense to have those City of Miami Page 176 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 four duplex lots that face 22nd Terrace on this particular block of Coral Way to be designated red, commercial, because it makes no sense -- see, the issue that continues to come up is that that whole 22nd Terrace is like a smile with the teeth knocked out. You have all these red intrusions, and my argument is, well, when you look at this particular block of Coral Way -- and I haven't specified the property, but I know that you know which one I'm talking about, the subject property -- that's all that's left. Everything else, on both sides, Coral Way, as well as 22nd Terrace, already is designated for commercial on your neighborhood plan, and it's almost like reverse spot zoning to leave them out there because nobody is, realistically, going to move in there and put duplexes there. Now, that as an aside, we move on to the zoning component of what's properly before you, which is the companion item, and we requested the property be rezoned from R-2 to C-1, and that is in order to create a unified developable lot -- excuse me -- that would have eight projects, that we have submitted to your stafffor design review, and my colleague here, Mike Fairy, will pass out the design review that we have submitted to stafffor -- it's the mirror image of the project that's on the old Kaufman and Roberts site, and that project contemplates -- well, let me put the site plan here, because this will address your most significant issues. The building will front on Coral Way, and there is no egress or ingress off Southwest 22 nd Terrace. Right now, the duplexes that are on the south side of 22nd Terrace will be looking at an ornamental fence, with landscaping, and the recreational area for the project. Right now, they're looking at three parking lots because even though they're zoned R-2, the truth of the matter is that, historically, they've been used for parking for the building that was on Coral Way. This is the commercial building that had Mario's kids and it had Yoli Munoz, and there was another retail tenant there, and that was the off-street parking for that building, so historically, that's been used for parking, so these neighbors had been looking at an at -grade surface parking lot since -- as long as that building has been there. Now they're going to be looking at an ornamental fence. By the way, we were discussing with the neighbors who were here for the other, the Sergio's item and the other item that Ms. Velazquez had, and we were explaining to them the site plan and walking them through, and one of the advantages to them of this particular design is that the building has been set back and we are putting a fence that's close enough to the sidewalk that it would prohibit people from parking there, because one of the situations that aggravates the neighbors in this area is one, illegal parking, and the other one, illegal dumping. You leave large areas, there's -- you know, people drive by and they just dump trash and it's hard to maintain it because you clean it up and the next day somebody else goes and dumps again, so where are we? Why are we before you and why do I keep going on? Commissioner Regalado: Let me just mention, which is an issue that has not been debated here, but just -- 22nd Terrace, from 37th Avenue to 32nd Avenue, has become a huge dumping ground for illegal trash. 1 don't know how they do it. I tried to call Solid Waste. Unfortunately, the building on 35th, that people are leaving, is not -- has not done the 22nd Terrace part, and that's -- it's an eyesore. Unfortunately, I don't know what is happening, but maybe the staff, the City Manager can tell me. We approved from Quality of Life bonds in District 4, about a year ago, the repavement of 22nd Terrace, from 29th to 31 st, and Bermello and his group were going to do it and then, later on, return the money to the City, but the reason that we approved here in this Commission about a year ago is to do the repavement of 22nd Terrace during the time that they were doing construction. Somehow, that fell through the cracks. I think that Lucia's partner knows about it, about the 22nd Terrace project. I don't know whatever happened to it, but I'm just mentioning the fact that 22nd Terrace is just a mess, a total mess. We haven't done anything on 29th Avenue. We haven't done -- or we haven't forced the developers anything on 34th, the building that was built across from the former Miracle Center, and the illegal dumping -- I mean, I know the people that live on 22nd Terrace, on the south part of the area, and these people have endured years of construction trucks and all that. On this case, on 36th, it's different because there is no -- actually, no people almost living there because of all the commercial activity, the Boston Market and the Havana Vieja, and all these commercial areas, and in fact, I think, on 22nd Terrace, everything is commercial from 37th to 35th. I don't know it's still one. City of Miami Page 177 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Marrero: The only thing that would be left, should the Commission desire to approve the application that is before you, is this one lot, which is a parking for the For Eyes building, and interestingly enough -- and again, I made this argument before the other boards -- in other jurisdictions, the City would recommend that that be included as part of this, just sort of round up the whole block, but obviously, we can't incorporate that. That's not before us, and we -- the guarantee -- Commissioner Regalado: There is no house there. Ms. Marrero: No. It's just surface parking. It's the parking for the For Eyes building is still there. Commissioner Regalado: Yeah. That's what I'm saying. Ms. Marrero: But -- Commissioner Regalado: I don't -- so I don't understand -- well, I understand the staff but 1 don't understand what is the criteria for 22nd Terrace. 1 really don't understand, because if you can help me out on this -- I know that we're required -- we always require town houses, which is the logical thing to do, and it's coming out very pretty on 22nd Terrace, behind 29th Avenue, the town houses are, although the street is not been fixed, the sidewalk is not been fixed and all that, but on this one, are we talking also town houses? Ms. Slazyk: The project is not before you today. The project has begun the design review process with the City, and these were the comments that we -- Commissioner Regalado: OK. Ms. Slazyk: -- had produced. Commissioner Regalado: But -- Ms. Slazyk: But, yes, same thing. Yeah. Commissioner Regalado: -- you will be the one -- Ms. Slazyk: The design review. Commissioner Regalado: -- deciding what you will be recommending to us when they come with -- so you tell me if we're going to request town houses, residential, and frontage on Coral Way. The rest, we know all the drill, the project, the building. Is that -- Ms. Slazyk: Up until now, the town houses have been a great way to transition from the commercial Coral Way to the R-2 district behind. This is definitely part of Phase I of Miami 21, and we very much hope to see what our consultant -- well, Phase I is the commercial corridors, and -- Commissioner Winton: But he's talking about this site. Ms. Slazyk: Yeah, on this particular -- Commissioner Regalado: No, but I'm talking about what you think -- what you would -- Ms. Slazyk: Yeah, the town houses, definitely. They've been a great transition the whole time, but the bigger solution for all of 22nd Terrace is not just what's decided on this one. It's going to City of Miami Page 178 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 be a bigger solution, because right now what you're seeing with all of these 22nd Terrace applications is the piecemeal approach to it and, yes -- Commissioner Regalado: 1 understand Ms. Slazyk: -- it's still a great transition. Commissioner Regalado: 1 understand, but you know -- Commissioner Winton: But your question is -- Commissioner Regalado: -- the bright side is that we're getting new town houses on 22nd Terrace, and we're getting rid of old houses, but I'm asking, Lourdes -- Lourdes, I'm asking about this site. Can -- Ms. Slazyk: Yes. Commissioner Regalado: -- as the area Commissioner, can 1 be comfortable that -- Commissioner Winton: That you're going to make sure you put town houses there? Commissioner Regalado: -- that town houses are going to be there? I mean -- Ms. Slazyk: Yes, if you -- Commissioner Winton: That town houses are going to be -- Commissioner Regalado: Or that no building -- Ms. Slazyk: Yes. Commissioner Regalado: -- 30 stories will be fronting 22nd Terrace. Ms. Slazyk: Yes. Commissioner Regalado: OK. That's all I wanted to know. Vice Chairman Gonzalez: All right. Anybody that wants to address the Commission in favor or in opposition of this item, please come forward. Ms. Marrero: Well, I have not concluded the presentation. Vice Chairman Gonzalez: Oh, you haven't? Ms. Marrero: And I would not -- Vice Chairman Gonzalez: Oh, you haven't finished yet? Ms. Marrero: 1 don't -- no. Vice Chairman Gonzalez: Oh, I'm sorry. 1 sorry. Ms. Marrero: I mean, I just felt it was important to, for the record, state a couple of things that were important. We were coming up with this issue again, where we have to play with this "what comes first, chicken or egg, " because we're not doing a Major Use Special Permit, so we're City of Miami Page 179 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 presenting a project that's technically not properly before you, but it is -- there is a project that's contemplated and it does not propose a town homes. What it does propose is a building that would not butt against 22nd Terrace. It's setback 60 feet, and this is a recreational area, at level, at surface level recreational area, with a metal picket fence that's going to be landscaped, which, in my respects, is actually -- people are out here lounging, they're going to know when there is trash dumping and when this area is not maintained, and that's also going to encourage them, the homeowners association, the condo association, to maintain that area back there. It's another creative approach to that, because they're going to be laying out there in the pool deck and they're not going to want to see the trash back there. This is parking. This part of the building is setback 60 feet, and there's really no need to do liner issue -- liner units in this particular project. 1 mean, 1 want to be upfront about that because that's the project that we have been talking to staff, and that was submitted to Internal Design Review. One more thing, and this is -- it's very important, and the client has requested that I make a point of advising you all that we have opted not to do a Major Use Special Permit because we could have 155 units, and we're only proposing 75; the FAR, with a Major Use Special Permit, could be as high as 142,000 square feet; they're only proposing 93. It's a building that -- and they will build it and they will develop it. They're not speculators who are going to flip it. This is Keystone Group. They own this property under the entity Coral Lease Development. They're doing other projects. They build them. They market them. They sell them. They're doing something that's in scale with the area. They've already given it a lot of thought. This is a mirror image, in many respects, as a project that's already approved and under construction at the Kaufman and Roberts site, so you know, in deference to them, they've opted to be upfront, but they also are not doing a Major Use Special Permit because they don't want to be pigs. They don't want to come in and just do everything and then try to scale it back They're presenting to you what they intend to build, which is in the scale and is consistent with the neighborhood. Commissioner Regalado: Are this -- excuse me. Are these the same group that has bought the former Miracle Center? Ms. Marrero: Yes. Commissioner Regalado: And they are going to -- Ms. Marrero: If 1 may introduce them, they're here. Mike Mouriz and Henry Puig. I'm sorry. 1 sort of rushed into the presentation; didn't have the opportunity of introducing them. Commissioner Regalado: No, but they are -- Ms. Marrero: Yes, they're the same group. Commissioner Regalado: They are the same -- Ms. Marrero: Yes. Commissioner Regalado: OK. Ms. Marrero: They also have a project on Le Jeune, and they have projects in Hialeah and Miami -Dade County. They're serious builders in our community. Again, they're not real estate speculators, just buy and title and flip. Ms. Slazyk: I guess it kind of comes down to what kind of liner is appropriate on 22nd Terrace? Ms. Marrero: Well -- and, again, it's -- the only reason I -- Commissioner Winton: Bingo. City of Miami Page 180 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Marrero: -- keep going back to the project that we had submitted is because we have voluntarily proffered a covenant, which I had the opportunity to give to the City Attorney's Office for their review and their comment, and I gave it over to Mr. Max -well, with the red -line version that I think -- I'm looking at the City Attorney, because the City Attorney's Office reviewed it and okayed it and gave me the red -line comments, and wherein, we would be tied to this site plan, and any changes to that would have to come back before this Commission, so that's a safeguard to the community that this is a building that is going to be built and that these are the uses because, obviously, if the uses change, we'd have to change the building and we'd have to come before you, so -- Commissioner Regalado: But what is -- Vice Chairman Gonzalez: All right. Commissioner Regalado: -- the appropriate liners for that area. Ms. Slazyk: That -- the townhouse is one, but also anything else that works as a transition from the commercial to the residential can be an appropriate liner. It's not allowing the very high density tall building right up on the 22nd Terrace frontage, so anything that transitions the commercial and high density of Coral Way down into the neighborhood can be an appropriate liner. Commissioner Winton: Do you have the rear view of your -- do you have a rendering of the rear view? That's the rear? Ms. Marrero: Yes. The building is L-shaped. The longer part would sit -- is on Coral Way and only this portion would be the one that comes closest to Southwest 22nd Terrace, and again, that -- this portion of the building is setback 60 feet from 22nd Terrace. Vice Chairman Gonzalez: Does that conclude your presentation? Ms. Marrero: Yes. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody in opposition or in favor, please come forward Ms. Rodriguez: Good afternoon. My name is Gilda Rodriguez. My residence is 2930 Southwest 25 Terrace. Again, we have here more lots from residential going to C-1 and that is our main concern, that little by little, 27th Terrace -- 22nd Terrace -- 23rd Street today and other items have been just R-2 to C-1, and we are concerned of how much it's going to affect our neighborhood, all these changes. They are not traffic study being conducted in our area, no population study being conducted in our area, and everyday is a different project coming with new changes from R-2 to C-1. That's why we are in opposition. Thank you very much. Vice Chairman Gonzalez: Thank you. Anybody else? Yes, ma'am. Judith Sandoval: This is very short. Judith Sandoval. I live at 2536 Southwest 25th Terrace, and the only thing 1 wish to ask first is, if they're going to build town houses, they don't need rezoning to C-1, do they? And actually, if you do it C-1, they can really build anything, if they can convince the Design Review people, and when Lourdes speaks of the other liners, you can still have something that would be very objectionable, and I agree that we should not have anymore spot zoning on 22nd Terrace. The same argument is being made. The same presentation of beautiful buildings. They're all very beautiful. They'll improve the City of Miami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 neighborhood. There won't be any trash there anymore. You're eating away at the neighborhoods and it's got to stop, not to go into them. Please don't approve this project. Thank you. Vice Chairman Gonzalez.: Thank you, ma'am. Next. Luis Herrera: My name is Luis Herrera. I'm representing the Vizcaya Homeowners Association, including with the Union United Association. We against, you know, all the kind of the projects to R-2 to C-I because they can do it in one side, they can do it later on down below, and we are against any project that they do that that way, so we against that. Please -- Vice Chairman Gonzalez: Thank you, sir. Mr. Herrera: -- we ask you to -- no approval. Vice Chairman Gonzalez: Thank you. Yes, ma'am. Josefina Sanchez-Pando: Josefina Sanchez-Pando, 2110 Southwest 24th Terrace. Silver Bluff Homeowners Association and Miami Neighborhoods United. The problem here, when Mr. Regalado -- Commissioner Regalado, Commissioner Winton asked for -- asked Lourdes several times -- different ways -- and the problem is that the Commission asks questions, then the answers provided by staff are not the answers to the questions asked by the Commissioners. It's been happening over and over in the afternoon. Commissioner Winton: Excuse me. Staff has answered every single question that I've asked and I've understood the answer, so please don't interpret whether or not I'm capable of understanding the answer that staff has given me. Ms. Sanchez-Pando: No. I'm sorry. For example, the question, whether there was a 1, 000 feet between La Clique and United Way was asked several times. At the end, they had to come up " Well, we don't know." Well, great. When they don't know, they don't know, but the answers have to be correct. Let me tell you, we fought very highly for the same problem that is happening now on 22nd Terrace, between 27th and 37th. It happened years before between 17th and 27th. Between 17th Avenue and 27th Avenue, we had the problems of people intruding into the neighborhood; having doctors, psychiatrists, all sorts of businesses, and it wasn't even high-rises. It was just not a home. This is a home. This is a neighborhood of houses. We want to keep it as much as possible. Now, if this is impossible, let's go to the town house deal that never, ever -- anything that is commercial on 22nd Terrace, because if you have something commercial on this side of the street -- and I live on the other side of the street -- it's not fair for the neighbors. The town houses that you were referring to between the big building that 1 thought you said was Mr. Bermello's building, they're very nice. We can live with those little town houses that have come up and behind the building, but allowing a buffer to be a wall with landscape and then moving back, and a pool and the chairs, and then six feet -- six stories -- because 1 heard 50 feet and 60 feet, which means five stories and six stories, and that is OK. We're going to go 50 feet back and then we're going to go six stories high. That's a buffer? No way. No way. High? No. That density there, no, because the next one is going to move 20 feet just away from the street and the next one is going to have a cover arcade and it's going to be right at this -- at the end of the sidewalk, like the one that's -- that was Kaufman and Roberts. Oh, the arcade is right there on top of the sidewalk, which is yours and mine, and no developers. Vice Chairman Gonzalez: Thank you, ma'am. Ms. Sanchez-Pando: You're welcome. Vice Chairman Gonzalez: All right. Yes, ma'am, City of Miami Page 182 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Graciela Solares: Yes. I'd like to say something. My name is Graciela Solares. 1 am the president of the Miami Roads Civic Association. Vice Chairman Gonzalez: Your name for the record. Priscilla A. Thompson (City Clerk): I'm sorry. 1 can't hear. Ms. Solares: My name is Graciela Solares. I am the president of the Miami Roads Civic Association. I only ask you to please listen to the boards that have been presented this issue before. They have all recommended denial. Changing this parcel to restricted commercial could open heaven knows to what this particular parcel, and the residents across the street would be the ones suffering for it. We have Planning Advisory Board. We had the Zoning Board We have your expert, which happens to be Ms. Slazyk's -- Vice Chairman Gonzalez: Speak in the phone, ma'am. Has to be on the record. Ms. Solares: -- which happens to be Ms. Slazyk's department. They're asking you to please reject this position. Vice Chairman Gonzalez: Thank you very much. Ms. Solares: Thank you. Vice Chairman Gonzalez: Anybody else? OK. Public meeting is closed. Commissioner Regalado, I believe this is in your district. Commissioner Regalado: Yes, it is. I -- Ms. Marrero: If I could -- Commissioner Regalado: And I wish to -- Vice Chairman Gonzalez.: 38 and 39. Ms. Marrero: Is there an opportunity for me to rebut? One minute. I'm fast. Vice Chairman Gonzalez: Yes, ma'am. Commissioner Winton: Yes. Ms. Marrero: If I may. Thank you. Vice Chairman Gonzalez: Go ahead. Ms. Marrero: Briefly, as -- there is no commercial proposed for Southwest 22nd Terrace. We're proposing an SD-23 Overlay District, would give you additional guarantees with Design Review and a Class 11 that would, in all likelihood, be referred to Internal Design Review -- Urban Design Review. Reduction in traffic. Right now people are -- have been parking in those parking lots, and they drive down 22nd Terrace to access those businesses, and that's going to be a reduction in traffic for that area. There are -- with all due respect, members of the Commission, there are two parking lots and a derelict duplex, and now it's going to be improved. It's going to be a visually -- aesthetically pleasing for the neighborhood, and it's going to be maintained, and last but not least -- and it's of significance, relating to Ms. Solares' comments -- the reason the pre -- the lower boards could not recommend approval was because they couldn't City of Miami Page 183 Printed on 12/16/2009 City Commission Verbatim Minutes September 27, 2004 accept the covenant. They couldn't take consideration of the project that we're proposing. They just said, "You know, it's a good project; we think it's good, but we don't have the legal authority to accept those representations; only the Commission can do that, " and even at that, they struggled, and the Zoning Board voted 5 to 4. Vice Chairman Gonzalez: All right. Thank you very much. Ms. Marrero: So, thank you. Vice Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Mr. Chairman, if I may. Mr. City Attorney, if I ask for a deferral for you to read the -- Mr. Fernandez: The covenant. Commissioner Regalado: -- the covenant; for Planning to meet with them, and reassess the plans and see that -- the different options that they have, when it comes back, do we -- on the first reading, can we accept the covenant or it has to go to the second reading? Mr. Fernandez: To the second reading. Typically, you've always considered acceptance of the covenants at your second and final hearing. Commissioner Regalado: So 1 will move to defer this to -- Ms. Slazyk: October 28th. Commissioner Regalado: -- October -- Ms. Slazyk: October 28th. Commissioner Regalado: -- 28th. Mr. Fernandez: And that will be -- continued to be a first. Ms. Slazyk: Reading, yeah. Commissioner Regalado: Oh, first reading, yeah. Mr. Fernandez: First reading at that time, and the understanding is that what we're reviewing and -- Commissioner Regalado: Is the covenant and the -- Mr. Fernandez: -- what's contained in the covenant -- Commissioner Regalado: -- plans in terms of the commercial area, in the terms of -- the way -- Ms. Slazyk: And the transition. Commissioner Regalado: -- to keep the image of 22nd Terrace and -- Mr. Fernandez: Correct. However, it's clear that, in the plan that's been submitted, there are no town houses. City of Miami Page 184 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: That is what -- Mr. Fernandez: OK. Commissioner Regalado: -- Planning is going to discuss and what we're trying to understand with the covenant. Commissioner Winton: I -- may 1? Commissioner Regalado: Sure. Vice Chairman Gonzalez: Commissioner Winton. Mr. Fernandez: You're looking at other linings, other than the town housing [sic]. Commissioner Winton: I would like to say that from my viewpoint and to get my support -- because I'm very nervous about long-term, and I think that both -- most of the neighbors and we have seen with our own eyes that the impact of the liner town houses on the street almost forever takes away the problem of uncertainty, because you have two residents, you know, because you've got town houses there, so it's almost like single-family homes, except they're higher, and that's a perfect buffer. It is, in fact, single-family residential in a duplex residential zone, and it -- and 1 think that's perfect, and it guarantees there's not going to be traffic. The only traffic is for the people going to their town house. I mean, that's a natural, so to get my support, I think that -- I got to see something very similar to that town house because 1 think that's the right long- term answer, so -- Vice Chairman Gonzalez: All right. Commissioner Winton: -- that's where I am. Commissioner Regalado: Well, I'll move to defer -- Vice Chairman Gonzalez: So we have a motion to defer -- Commissioner Regalado: -- to continue -- Vice Chairman Gonzalez: -- until October 28. Do we have a second? Commissioner Winton: Second. Vice Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Motion carries. It's been deferred for October 28th. Mr. Fernandez: Can you do the same thing for 39? PZ.39 04-00565a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 City of Miami Page 185 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 " TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3525, 3541 AND 3545 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00565a Exhibit A.PDF 04-00565a Legislation.PDF 04-00565a SR Fact Sheet.pdf 04-00565a FR Fact Sheet.pdf 04-00565a Application & Supp Docs.PDF 04-00565a ZB Reso.PDF 04-00565a Analysis.PDF 04-00565 & 04-00565a Aerial Map.pdf 04-00565a Zoning Map.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas LOCATION: Approximately 3525, 3541 and 3545 SW 22nd Terrace APPLICANT(S): Coral East Development Corp. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 12, 2004 by a vote of 5-4. See companion File ID 04-00565. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to CONTINUE item PZ 39 to the Commission Meeting currently scheduled for October 28, 2004. Vice Chairman Gonzalez: PZ.39 also needs a deferral. Can 1-- Commissioner Regalado: Move it. Commissioner Winton: Second. Vice Chairman Gonzalez: OK. We have a motion and a second on PZ 39 to be deferred until October 28th. We have a motion and a second All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 186 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Vice Chairman Gonzalez: All opposed? The motion carries. PZ.40 04-00852 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 PROPERTIES LOCATED WITHIN AND APPROXIMATELY THE AREA BOUNDED BY INTERSTATE 1-95 TO THE EAST, NORTHWEST 20TH STREET TO THE NORTH, NORTHWEST 7TH AVENUE TO THE WEST, AND NORTHWEST 17TH STREET TO THE SOUTH, MIAMI, FLORIDA; FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00852 FR Fact Sheet.pdf 04-00852 Analysis.PDF 04-00852 Land Use Map.pdf 04-00852 & 04-00852a Aerial Map.pdf 04-00852 School Brd Review.PDF 04-00852 PAB Reso.PDF 04-00852 Legislation.PDF 04-00852 Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately the Area Bounded by Interstate-95 to the East, NW 20th Street to the North, NW 7th Avenue to the West and NW 17th Street to the South APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 7, 2004 by a vote of 7-0. See companion File ID 04-00852a. PURPOSE: This will change the above properties to General Commercial. DENIED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to DENY item PZ 40. Vice Chairman Gonzalez: PZ.40. Inez Marrero: Thank you very much. City of Miami Page 187 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.40 and 41 are first reading ordinance. This is for the property bounded by approximately I-95 to the east, Northwest 20th Street to the north, Northwest 7th Avenue to the west, and Northwest 17th Street to the south. The request is in order to modify the land use and zoning from industrial to general commercial, with the zoning being a C-2 zoning. It's been recommended for approval by the Planning and Zoning Department; approval by the Planning Advisory Board, and approval by the Zoning Board. Chairman Sanchez: All right. Commissioner Regalado: Is this the Camillus House? Vice Chairman Gonzalez: That's the proposed site for Camillus House, yes, so -- Commissioner Regalado: So, it's coming through the back door? Chairman Sanchez: When you see that it has the approval of everybody and the second of everybody -- Commissioner Regalado: So, it's coming through the window. Vice Chairman Gonzalez: And Lourdes is smiling, you know that it's going to be -- you know what it's going to be. Commissioner Winton: And you didn't hear me move the motion. Chairman Sanchez: All right. Vice Chairman Gonzalez: Huh? Chairman Sanchez: Listen. Before we have follow the procedures of Mason's rules and it's a -- an ordinance on first reading. Has to be opened for the Public. Commissioner Winton: They left. Vice Chairman Gonzalez: There's no public. Chairman Sanchez: The public has left the building. There is no one from the public running forward or charging the Vice Chairman Gonzalez: Unfortunately -- Chairman Sanchez: -- to speak on the issue, so the public hearing is closed. Commissioner Regalado: There is a bus coming from Allapattah. Vice Chairman Gonzalez: Unfortunately, the people in Allapattah can't afford the Gucci lobbyists to represent them; that's why they have these poor Commissioners sitting in here to represent them. Chairman Sanchez: All right, so what is the action of the Commission? Commissioner Regalado: Well, this -- look, this is Camillus House, is it not? OK. City of Miami Page 188 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Unidentified Speaker: Yes. Commissioner Regalado: So, say it. You know, say it, and we should have a -- Vice Chairman Gonzalez: Say it. Ms. Slazyk: This is -- Commissioner Regalado: -- like a real public hearing about this. Ms. Slazyk: This is the site that's been talked about for that proposed site. However -- Commissioner Regalado: Talked about. Ms. Slazyk: However -- Commissioner Regalado: Talked about. Ms. Slazyk: However, let me just -- Commissioner Regalado: She's very benevolent. Ms. Slazyk: -- put this on the record No rescue mission can occur on this property without a special exception, with City Commission approval, so this is not -- Vice Chairman Gonzalez: And without -- Ms. Slazyk: -- the rescue mission. Vice Chairman Gonzalez: -- and without four votes on this Commission. Ms. Slazyk: 1 recently heard that, yes. Vice Chairman Gonzalez: Yes, ma'am. Commissioner Regalado: Recently? Ms. Slazyk: So -- and on top of that, the -- Commissioner Regalado: We did that a year ago. Commissioner Winton: Let me ask a different question. Why do we need to approve this? Ms. Slazyk: They don't need the change of zoning for the Rescue mission. Rescue mission is allowed an industrial zoning. Commissioner Winton: No, no, no. Ms. Slazyk: What's the question? Commissioner Winton: Oh. Ms. Slazyk: The industrial -- Commissioner Winton: Why are we doing anything? City of Miami Page 189 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Slazyk: OK. The C-2 zoning allows other components of what the program that's being proposed includes, which is some housing -type facilities, which are not allowed in industrial, but with the industrial zoning, without this land use and zoning change, the Rescue mission can actually still move forward. It is the only -- it is allowed in industrial zoning classifications, with a special exception and the City Commission approval, so the C-2 zoning here, the request before you tonight, is in order to create a facility that includes more than just a Rescue mission, and the other uses need the C-2 zoning. Chairman Sanchez: All right, so what's the will of the Commission? Vice Chairman Gonzalez: A11 right. Let me -- Commissioner Winton: Commissioner Gonzalez. Vice Chairman Gonzalez: Let me ask a couple of questions about this. Does the Police Training Facility will require the zoning to be changed in this piece of land? Ms. Slazyk: I don't believe it does. 1 believe that is allowed in industrial, as well. Vice Chairman Gonzalez: It is industrial. It's allowed in industrial? Ms. Slazyk: Yes. Vice Chairman Gonzalez: And the mission is allowed without changing the zoning? Ms. Slazyk: Correct. Vice Chairman Gonzalez: All right. I'll move to deny the application. Chairman Sanchez: There's a motion to deny. Is there a second? Commissioner Winton: Second. Commissioner Regalado: Second. Chairman Sanchez: There's a motion to deny and a second Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right --I'm sorry. It's an ordinance. Mr. -- well, no, it's denied, so it doesn't matter. Commissioner Winton: It's denied; you don't read it. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Jorge Fernandez (City Attorney): Need to read it. Chairman Sanchez: Anyone in opposition, say "nay." Motion was denied unanimously. PZ.41 04-00852a ORDINANCE First Reading City of Miami Page 190 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTIES LOCATED WITHIN AND APPROXIMATELY BOUNDED BY INTERSTATE I-95 TO THE EAST, NORTHWEST 20TH STREET TO THE NORTH, NORTHWEST 7TH AVENUE TO THE WEST, AND NORTHWEST 17TH STREET TO THE SOUTH, MIAMI, FLORIDA; LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00852a FR Fact Sheet.pdf 04-00852a Analysis.PDF 04-00852a Zoning Map.pdf 04-00852 & 04-00852a Aerial Map.pdf 04-00852a PAB Reso.PDF 04-00852a Legislation.PDF 04-00852a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately the Area Bounded by Interstate-95 to the East, NW 20th Street to the North, NW 7th Avenue to the West and NW 17th Street to the South APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 7, 2004 by a vote of 7-0. See companion File ID 04-00852. PURPOSE: This will change the above properties to C-2 Liberal Commercial. DENIED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to DENY item PZ41. Chairman Sanchez: Companion -- 41 is a companion. Is there a motion to deny? Vice Chairman Gonzalez: Move to deny. Commissioner Regalado: Second Chairman Sanchez: It's denied by Commissioner -- Vice Chairman Gonzalez; second by City of Miami Page 191 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado. Open for discussion. Hearing none, all in favor, say "aye" -- The Commission (Collectively): Aye. Chairman Sanchez: -- of the denial. Vice Chairman Gonzalez: And let me make -- let me -- Chairman Sanchez: Anyone in support, say "yea." Vice Chairman Gonzalez: Let me make -- Chairman Sanchez: Hearing none (INAUDIBLE) Vice Chairman Gonzalez: -- the record clear. This is in Commissioner Teele's district, so you know -- but since he's not here -- I'm sure that that was the position -- Commissioner Winton: It's closest to your district after that. Vice Chairman Gonzalez: -- he was going to take, so -- Commissioner Regalado: OK. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. PZ.42 04-00460 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO RESOLUTION NO. 98-450, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE VILLA MAGNA PROJECT (F.K.A. BAYSHORE PALMS MUSP PHASE II) LOCATED AT 1201 BRICKELL BAY DRIVE, MIAMI, FLORIDA, TO ALLOW A MODIFICATION TO CONSTRUCT TWO RESIDENTIAL TOWERS CONSISTING OF 909 MULTIFAMILY UNITS, 209 HOTEL UNITS WITH RECREATIONAL AMENITIES, 30,850 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 1,460 PARKING SPACES AND TO INCREASE THE FLOOR AREA RATIO (FAR) BY 20% (137,263 SQUARE FEET). 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 of Miami Page 192 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 04-00460 Exhibit A - 5th Modif.pdf.pdf 04-00460 Exhibit B- Corrected.pdf 04-00460 Exhibit C - 2nd Modif.pdf 04-00460 Fact Sheet - 3rd Modif.pdf 04-00460 Analysis - 2nd Modif.pdf 04-00460 Zoning Map.pdf 04-00460 Aerial Map.pdf 04-00460 PAB Reso.PDF 04-00460 Application & Supp Docs.PDF 04-00460 CC Reso 98-450.PDF 04-00460 Plans.PDF 04-00460 Legislation - 3rd Modif.PDF 04-00460 - submittal.pdf 04-00460 - correspondence gibbs.pdf 04-00460-Submittal-Amended Complaint. pdf 04-00460-Submittal-Analysis. pdf 04-00460-Submittal-Appl. for Amdmt. to MUSP.pdf 04-00460-Submittal-Appl. for Amdmt. to MUSP.pdf 04-00460-Submittal-Bi nder. pdf 04-00460-Submittal-Letter From Attny Dickman To Garcia-Toledo.pdf 04-00460-Su bmittal-Letters. pdf 04-00460-Submittal-List Of Associations.pdf 04-00460-Submittal-Mandelstam v. S. Miami Commission.pdf 04-00460-Submittal-Memo. pdf 04-00460-Submittal-PAB Minutes.pdf 04-00460-Submittal-Petition. pdf 04-00460-Submittal-Pinellas County v. Woulley.pdf 04-00460-Submittal-Presentation. pdf 04-00460-Submittal-Resolution. pdf 04-00460-Submittal-Resumes. pdf 04-00460-Submittal-Rinker v. City of N. Miami.pdf 04-00460-Submittal-State v. Goode. pdf 04-00460-Scrivener's Error Emails Refernece to Exhibit B.pdf 04-00460-Old Exhibit B.pdf REQUEST: Major Use Special Permit for the Villa Magna (f.k.a. Bayshore Palms Phase II) LOCATION: Approximately 1201 Brickell Bay Drive APPLICANT(S): Tibor Hollo, Member, Excel.com LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 21, 2004 by a vote of 8-0. *See supporting documentation. City of Miami Page 193 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 PURPOSE: This will allow the development of the Villa Magna Project. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to CONTINUE item PZ 42 to the Commission Meeting currently scheduled for October 28, 2004, at a time certain of 5: 30 p.m. Lourdes Slazyk (Assistant Director, Planning & Zoning): I believe we have a time certain. Chairman Sanchez: Yes, we do have time certain at 5, and I apologize for that. PZ (Planning & Zoning) -- Commissioner Regalado: 5? Chairman Sanchez: Well, yeah, time certain at 5. We're going to pick up now at 5. We're an hour behind, so -- Commissioner Regalado: What is the item? Chairman Sanchez: You know, 1 can't please everybody. Commissioner Winton: What PZ item? Commissioner Regalado: What is 5? Commissioner Winton: Which one is it? Chairman Sanchez: PZ 43. Well, no, no. What do you want to do? Ms. Slazyk: 42. Commissioner Regalado: 42. Priscilla A. Thompson (City Clerk): 42. Chairman Sanchez: You want to do 42? Commissioner Regalado: Which one is 42? Chairman Sanchez: Let's go with 5 o'clock, PZ 42, which is a major use permit. Commissioner Regalado: Brickell Bay Drive. (UNINTELLIGIBLE) Brickell -- Ms. Slazyk: PZ 42 is a consideration of a substantial modification to the Major Use Special Permit for the Villa Magna project. This project was originally approved as the Bayshore Palms Major Use Special Permit Phase II. Request today is to modj that Major Use Special Permit, and Phase II would now become the Villa Magna project. The project was continued from the City Commission meeting of July 22nd to today in order to make some modifications to the plans. There were some calculation corrections that were made, which did modify the program in a downward direction. It is actually less than what was originally advertised for the project. The project is now going to consist of two residential towers with 909 multifamily residential units, 209 apartment hotel units with recreational amenities, 30,850 square feet of retail space, and approximately 1,460 parking spaces. The request increases -- is also includes an increase for bonuses, the Planned Unit Development bonus and the Affordable Housing Trust Fund Contribution bonus. The project was recommended for approval, with conditions, by the Planning Advisory Board, and is being recommended for approval, with conditions, from the City of Miami Page 194 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Planning and Zoning Department. The conditions are in your package, and I guess I'll let the rest of the presentations be made, if you have any questions, but the conditions are in your package. Chairman Sanchez: Thank you. Before we do that, all those lobbyists or anyone paid to represent anyone else for any issue today on this matter, please make sure that you register with the City Clerk's Office. Also, all those that will be testifying on this matter, please stand up and raise your right hand to be sworn in. Commissioner Sanchez' comments translated by official Spanish interpreter. Chairman Sanchez: OK. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues (said oath was translated into Spanish). Ms. Thompson: Thank you. Chairman Sanchez: OK. Tucker Gibbs: Mr. Chairman, may I ask a question of this board, even though there's not a quorum? Chairman Sanchez: We need a quorum, sir. Mr. Gibbs: OK. Chairman Sanchez: Do we have anyone that needs an interpreter. Please raise your hand Commissioner Sanchez' comments translated by official Spanish interpreter. Chairman Sanchez: OK. Ondina Suarez (Official Spanish Interpreter): Apparently none. Chairman Sanchez: Apparently none. Counsel, let's wait back 'til we get back in a quorum. Mr. Gibbs: No problem. I appreciate that. Chairman Sanchez: Thank you. OK. Listen, usually, the applicant goes first, and then you go. Mr. Gibbs: I'm just --1 have a procedural issue. Chairman Sanchez: OK. Ms. Thompson: And we need a name -- Mr. Gibbs: Yes. Ms. Thompson: -- for the record, please. Chairman Sanchez: State your name for the record, Mr. -- Mr. Gibbs: Yes. City of Miami Page 195 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: -- Tucker. Mr. Gibbs: My name is Tucker Gibbs. I'm an attorney with law offices at 215 Grand Avenue in Coconut Grove, and I represent Topeka Holdings, Inc., Maria Inez Duarte, Richard Ivans, Hugo Bianchi, Maria Palaccio, Edward Parra, Alberto Faha, Francisco Carrayo, Anna Codena, Jose Rodriguez, Julio Maura, who are all contract purchasers or owners in the Jade Condominium, and I also represent 1111 Brickell Office, LLC, the owner of the Mellon Financial Center, also near this property. Mr. Chairman, 1 come to you -- this is going to sound like deja vu because several months ago, 1 came to you with the same issue -- the published advertisement in the Miami Herald on this issue is flawed. The published advertisement in the Miami Herald goes through the Major Use Special Permit application here, just as it is in the SD (Special District) -- as it is in this zoning fact sheet. Unfortunately, it only mentions -- and it specifically says, in addition --1 can read it out to you, but 1 don't think you want to be bored -- but it says, "and to also increase the floor area ratio, FAR, by 20 percent" -- and in parentheses it says "137,263 square feet," and that's indeed what this proposal seeks to do. This application -- this advertisement -- this public notice omits another bonus, a bonus for affordable housing that totals 161,486 square feet. This notice is deficient because it ignores a bonus that is more than 20 percent. It doesn't even state the bonus, but it states the PUD (Planned Unit Development) bonus. Our position is very simple. If you're going to specifically notes the public that you're going to apply -- that the applicant is applying for a bonus that increases his square footage by 20 percent, you have a duty to inform the public that you are also applying for a bonus that will give you more than 20 percent in addition, and that is the defect in this notice. This notice does not provide the public with adequate notice of what is going to happen today because it ignores that 161,000 square feet. This is the same issue that came up to this Commission about two months -- three months ago. Commissioner Winton: So, Mr. City Attorney, we're not the lawyers. Jorge L. Fernandez (City Attorney): Well, staff should be addressing that issue. In staffs opinion, the advertising is proper; and what has been given to us to review, we find that that is sufficient, according to staffs interpretation of what the applicant is asking for. Commissioner Winton: Isn't this a legal issue? Mr. Fernandez: But you should ask staff speak to that issue. Chairman Sanchez: Staff, could you respond to that? Ms. Slazyk: Yes. If you look at the ad, the ad says that it is a Major Use Special Permit, and then it lists the articles, which is 5, 9, 13, 17 and 22. Those are the sections of the Code that are covered by this request for Major Use Special Permit. Article 9 -- the only thing in Article 9 that requires the Major Use Special Permit is the Affordable Housing Trust Fund bonus, so by referencing Article 9, the title in the ad would tell you that there's a Major Use Special Permit for this address in here, the sections. If anyone wants to come in and look at a file and look at the back-up and see exactly which bonuses from each section and which changes from each section are being requested, the file included everything, so I guess I believe that since Article 9 was advertised that, and that is the bonus that is in Article 9, that it -- there was notice to the public that there's a bonus pursuant to Article 9 being requested. How much exactly, they'd have to come in and look at a file for. Chairman Sanchez: All right. Mr. Gibbs: Mr. Chairman. Chairman Sanchez: Tucker, we're going to debate everything today? Please let me know -- City of Miami Page 196 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Gibbs: No. 1 notice -- Chairman Sanchez: -- so 1 could call my wife and tell her I'll be home tomorrow morning, 1 mean -- Mr. Gibbs: I understand. Hey, the last time this item was heard was 2 o'clock in the morning and I was here. Chairman Sanchez: I know, 1 know, but you know -- Mr. Gibbs: This is critical, though. Chairman Sanchez: I think your answer has been -- Commissioner Winton: Well, he thinks we're -- Chairman Sanchez: -- your question has been answered. Mr. Gibbs: I understand the staffs answer, but at least, for the record -- Chairman Sanchez: I've given you an opportunity to build your record. 1 think you're going to be out of order in a few minutes. Mr. Gibbs: At least, for the record -- Chairman Sanchez: A few seconds. Mr. Gibbs: --1 want you to understand something. I would accept Lourdes' position if she did not -- if this ad did not mention the PUD bonus and give the square footage. When you give the square footage for one bonus, you're implying to the public that that's the only additional square footage. By ignoring 161,000 square feet by say -- and this is incredibly disingenuous -- to say, "Well, you know what, we're going to tell people that there's 20 percent, but we're not going to tell people that there's an additional 25 percent on an affordable housing bonus." Notice is something that is critical. It is a bottom line issue in zoning, and 1 can tell you, you all want to do this. Your attorneys -- and you ask Mr. Maxwell straight out, instead of asking him to rely on his staff -- if I go into court and say -- Chairman Sanchez: Sir, please direct all your questions through the Chair. Mr. Gibbs: No, I'm directing it to you. I'm saying, if you ask Mr. Maxwell -- ask him if this is defective notice. Commissioner Winton: 1 agree with you -- Chairman Sanchez: No. Commissioner Winton: -- and they've said no. Mr. Gibbs: They say no. Chairman Sanchez: All right. Mr. Fernandez: No. Excuse me. City of Miami Page 197 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Slazyk: Mr. Chair. Chairman Sanchez: No. No, no. We're going to have order here, OK? All right. Counsel, you've had an opportunity to build your record. It's on the record, so we'll move on. Mr. City Attorney. Mr. Fernandez: It's an issue that I need to look into a little bit more carefully. You have two options at this time. You either take a much deserved three, five minutes break until I get to the bottom of it and make sure that between my staff and the administration, we have a clearer understanding of what the issues are, so that we can advise you whether to continue this hearing for advertising, as counsel here is suggesting, or whether, in our combined wisdom and opinion, the hearing is ready to proceed, because we would ultimately opine that the notice is appropriate, notwithstanding the issues that he has raised. I cannot do that right now; listen to you all, listen to the presentation, and talk to both -- Chairman Sanchez: Under your advisement, I think that we've had a long day and recess for about ten minutes will be in order, and then we'll come back, and that will give you -- Mr. Fernandez: Thank you. Chairman Sanchez: -- sufficient time to give us your legal opinion on the matter, so Commission meeting -- the PZ (Planning & Zoning) item stands in recess for five minutes. Mr. Gibbs: Thank you. Chairman Sanchez: The meeting is back in order. OK. Mr. Attorney, do you have an opinion? Mr. Fernandez: Yes. Mr. Chairman, Commissioners, upon further reflection and fully discussing the merits of the argument made here by counsel, we believe that it's in the best interest of both the City and, perhaps, even the applicant, even though 1 know that Garcia - Toledo -- Ms. Garcia -Toledo does not agree with my opinion or with my recommendation to you, because she believes that the item is ready to proceed. I don't. I have done a thorough analysis of the issue of the advertising, and in my opinion, if this board -- if this Commission were inclined to ultimately approve this project, and this infirmity -- alleged infirmity remains there, then it would be flawed, not only for the applicant, but also for the City, so in an abundance of caution, I would beg the Commission to indulge us and to continue this item, at City's expense for the readvertising, and we will readvertise it in such a fashion as to address specifically the issue of the additional footage that's being added as a result of the bonuses, and we will leave no further issue. We understand that this is like the third time -- second or third time this item is continued, and this one, I can tell you that it is our bad, if you want to put it in those terms. We apologize to the applicant and to the neighbors, who have come out, but we believe that it's really in the best interest of the City and also, perhaps, of the applicant, if you were to continue this item or allow us to readvertise to October 28th. Chairman Sanchez: Well, under your advisement -- and you're our City Attorney -- Mr. Fernandez: Yes. Chairman Sanchez: -- you are our attorney, I think that's in the best cautious. Ma'am, you want to be recognized? Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at the Wachovia Center. Could we have a time certain, please, sir? Chairman Sanchez: Well, we need a motion to table the meeting, at the City's expense. Is there City of Miami Page 198 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 a motion? Commissioner Regalado: Second. Chairman Sanchez: There's a motion and a second. Commissioner Winton: I'll make the motion. Chairman Sanchez: Discussion. Commissioner Winton: Hopefully, we don't make anymore mistakes and we get this -- because we want to -- you know, we want to hear this thing so we can get it done where it needs to be -- end of story. Chairman Sanchez: All right. Do we have a time certain? 6:30 again, same place, same time? Ms. Garcia -Toledo: Could we do it at 5? Chairman Sanchez: You bring the Champaign? Ms. Garcia -Toledo: Could we do it at 5? Commissioner Winton: 1 think 5's too early. Mr. Gibbs: Well, to get people out, yeah. I'd say 6 o'clock. Ms. Garcia -Toledo: My only concern, through the Chair, is that this is likely to be a three- to four-hour hearing. Commissioner Winton: Right. Ms. Garcia -Toledo: 1 don't want to get to 9 o'clock -- Chairman Sanchez: You're being conservative. Ms. Garcia -Toledo: -- in the meeting and want to -- Vice Chairman Gonzalez: three or four hours -- Chairman Sanchez: You're being conservative. Ms. Garcia -Toledo: So if we started -- Chairman Sanchez: Did you see everybody that was going to tests on this item? So, listen, you know -- Ms. Garcia -Toledo: If we started -- Chairman Sanchez: -- time certain for me -- you want to do it at 5, 5:30. I just want to get over this. Commissioner Winton: By the way -- Ms. Garcia -Toledo: That's fine. City of Miami Page 199 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: -- I think, with this Chair, you're going to be surprised at how efficient he is, and I'm thinking this is going to be two hours. Chairman Sanchez: From your lips to God's ears, my man. Ms. Garcia -Toledo: If we could have it at 5 -- Chairman Sanchez: All right. Ms. Garcia -Toledo: -- then we wouldn't be stopped in the middle of the hearing. Chairman Sanchez: What time would you like, ma'am? Ms. Garcia -Toledo: 5 o'clock, please. Chairman Sanchez: 5 o'clock. Tucker, you're a hard guy to please, but tell me, talk to me. Let me help you out here. Help me help you. Commissioner Winton.. My -- Mr. Gibbs: We -- well, I'd like Andrew Dickman to speak because he represents a lot of neighbors who want to be present, who could not be here, so -- Andrew Dickman: Honestly, 1 represent the Mark next door, which is the -- where the residents live. 6 o'clock would be a lot better. Chairman Sanchez: All right. Mr. Dickman: They're all working people. Commissioner Winton: How about 5:30? Chairman Sanchez: Time certain 5:30. Mr. Dickman: Split the baby. Let's take 5:30. Commissioner Winton: 5:30. Chairman Sanchez: Do we have a date? Can we set the date for the record? Ms. Thompson: October 28th -- Mr. Dickman: Correct. Ms. Thompson: -- at 5:30. Chairman Sanchez: October 28th -- Commissioner Winton: At 5:30. Chairman Sanchez: -- at 5:30. Thank you. Ms. Garcia -Toledo: Thank you. Chairman Sanchez: All right. City of Miami Page 200 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Ms. Thompson: Chair -- Commissioner Regalado: Mr. Chairman. Ms. Thompson: Chair -- I'm sorry. Chair, we didn't have a vote on the motion. Commissioner Winton: Aye. Chairman Sanchez: There was -- Commissioner Regalado: Defer. Chairman Sanchez: There was a -- well, there was a motion and a second All in favor, say " aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Everybody have a good time out. Go home. Commissioner Regalado: On the -- Commissioner Winton: Drinks are on the house next time. PZ.43 04-00853 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 PROPERTIES LOCATED AT APPROXIMATELY 2471 SOUTHWEST 32ND AVENUE, 3186 SOUTHWEST 25TH STREET AND 2511 SOUTHWEST 32ND AVENUE, 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. 04-00853 FR Fact Sheet.pdf 04-00853 Analysis.PDF 04-00853 Land Use Map.pdf 04-00853 & 04-00853a Aerial Map.pdf 04-00853 School Brd Review.PDF 04-00853 PAB Reso.PDF 04-00853 Application & Supp Docs.PDF 04-00853 Legislation.PDF 04-00853 Exhibit A.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 2471 SW 32nd Avenue, 3186 SW 25th Street City of Miami Page 201 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 and 2511 SW 32nd Avenue APPLICANT(S): Henry Lester Clark, Owner and GMRR Investments Corp., Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 7, 2004 by a vote of 5-2. See companion File ID 04-00853a. PURPOSE: This will change the above properties to Restricted Commercial DEFERRED A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to DEFER item PZ 43. Vice Chairman Gonzalez: Next. Chairman Sanchez: All right. Since we have so many people that are here on PZ 43 and 44, Commissioner Regalado has requested that we take that item up, and we're going to take that item up now. Commissioner Winton: Good idea. Chairman Sanchez: So we could get you home to be with your families and, you know, with your pets, whoever you -- Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.43 and 44 are companion land use and zoning change. This is for the properties at 2471 and 2511 Southwest 32nd Avenue and 3186 Southwest 25th Street. The Department has recommended denial to the City Commission. This is a first reading ordinance. It's also been recommended for denial by the Planning Advisory Board and denial by the Zoning Board If there was ever a case of commercial intrusion into a residential neighborhood, this one is not only commercial intrusion; it's creating an island of commercial in a residential neighborhood because it's not even drawing on any existing commercial. Therefore, we would recommend denial of this application. Chairman Sanchez: OK. Gloria Velazquez: Good evening. Chairman Sanchez: The applicant, and then we'll open it for debate and discussion to the questions. Commissioner Winton: But I want to ask a legal question first. Chairman Sanchez: OK, Commissioner. You always have presence [sic]. Commissioner Winton: What is the -- is there a legal definition of "spot zoning"? Jorge L. Fernandez (City Attorney): Yes. City of Miami Page 202 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: What is that definition? Mr. Fernandez: You're seeing it. Commissioner Winton: So if it's illegal -- if it's spot zoning, which is illegal, why are we hearing it? Mr. Fernandez: No, no. It's not --1 was making light of it. Spot zoning has been defined differently on different cases, but when you have a district like this one, where, by looking at the map, you can see that there is no abutting, no attachments, no contiguity, then the argument could be made that it becomes more and more spot zoning. Commissioner Winton: Well, but that's my question. If -- Ms. Slazyk: All right. Our Zoning ordinance has a minimum size criteria that you have to meet to request a change of zoning. You either have to have 40,000 square feet of land, 200 linear feet offrontage on a street, or contiguity with the district you're requesting. This one happened to meet it on size, but it is very, very much an appearance of a spot -- Commissioner Winton: But I'm asking a legal question here. Ms. Slazyk: Right. Mr. Fernandez: Well, it meets -- as she was explaining, it does meet some of the criteria because of the length, right? Ms. Slazyk: The linear feet offrontage. Mr. Fernandez: The linear feet. Commissioner Winton: So are you saying that there is -- Mr. Fernandez: However, it doesn't meet some of the other critical criteria, and these can be viewed cumulatively. The more of these incidents that you have together, the less it becomes spot zoning. The fewer of these incidents that they have, the more it becomes spot zoning. Commissioner Winton: So did you -- what you're saying, then, is that we can't -- you can't -- this can't be legal -- isn't legally defined as technically and legally spot zoning -- Mr. Fernandez: No. Commissioner Winton: -- so, therefore, we do -- we are obligated to hear this? Mr. Fernandez: Well, yes, the applicant is entitled to have -- Commissioner Winton: That's all I wanted to know. Mr. Fernandez: -- his day in court. Commissioner Winton: OK, fine. Mr. Fernandez: And as it were -- and this is a -- Commissioner Winton: That's all -- City of Miami Page 203 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Fernandez: -- quasi judicial matter -- and you're to consider that, but it clearly comes to you with strong recommendations, not only from staff but from the boards that heard it. Commissioner Winton: Well, if it was illegal, it would seem to me that we wouldn't be obligated to do anything. Mr. Fernandez: But it isn't illegal. Commissioner Winton: OK. That's my question. Mr. Fernandez: But this board, as a matter of policy, may consider that one of these incidents is enough for you to start the ball rolling, and then sometimes, you know, there is always a beginning. There is always a first one. Commissioner Winton: OK. I'm with you. Chairman Sanchez: OK. The applicant will have an opportunity to present her case, then we'll open it up for the public hearing. Let me just get a consensus. How many people are hear to speak on the item, whether in favor or against the project? Please stand up. Commissioner Winton: Raise your hand. Chairman Sanchez: We need a translator, please. Commissioner Winton: That's everyone. Chairman Sanchez: 1 think everyone, yeah, but --1 mean, I want to get hands. They're going to need to be sworn in. Comments translated by official Spanish interpreter. Chairman Sanchez: OK. Madam Clerk, let's swear them in, because this was packed on the other -- and they were not here. Priscilla A. Thompson (City Clerk): Please raise your right hand. The City Clerk administered oath required under City Code section 62-1 to those persons giving testimony on zoning issues (said oath was translated into Spanish) Ms. Thompson: Thank you. Chairman Sanchez: Thank you. OK. Ma'am, the floor is yours. Ms. Velazquez: Mr. Chairman, members of the Commission, good evening. Again, my name is Gloria Velazquez, with law offices at 1221 Brickell Avenue. Understanding the concerns of the Commission, especially when we have a large group of neighbors that have come out, we understand the concerns. We've been through two boards. We have gone through the Zoning Board at the last -- last month, and the Zoning Board has -- had recommended that we down zone what we were asking for. At the time, the applicant did not have authority to make that decision, so we had to move forward. As I understand today, if you remand this case back to the Zoning Board, we will come back and agree to reduce the density to 75 units, and allow us to opportunity to meet with the neighbors, explain to him what the plans will be, and then we -- hopefully, we can come to a consensus. We go to Zoning Board first and then come to you, hopefully. City of Miami Page 204 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Well, we would never interfere in the process of compromising and coming to an agreement, so is there a motion to direct them to go back to Planning and Zoning? Commissioner Winton: Well, here's my -- I have a problem with doing that because this really is public policy issue big time, and I don't want to be sending the wrong signal to anyone -- Commissioner Regalado: 1 still have a problem here. Chairman Sanchez: OK. Commissioner Winton: So 1 think we ought to hear it and resolve it. Chairman Sanchez: OK. Commissioner Regalado: Right. Mr. -- Chairman Sanchez: Then I'll tell you what, we need either a motion to deny or approve; well have a second -- Ms. Velazquez: We'll have -- Chairman Sanchez: -- and we'll open for the purpose of discussion. Mr. Fernandez: Well -- Ms. Velazquez: Wait, wait, wait. Commissioner Winton: She gets to (INAUDIBLE) her presentation first. Ms. Velazquez: I'd like to make my presentation then. Chairman Sanchez: Oh, I thought you were done with your presentation. 1 apologize. Ms. Velazquez: No, no, no. I was just asking -- because we want to work with the neighbors, and I believe that some of the neighbors here would be satisfied with a reduction in density. The only reason why we still have to ask for the C-1 is because we would like to maintain the retail portion in the bottom, to maintain the pedestrian pathway on 32nd Avenue. Commissioner Winton: They have four or five more duplexes. Chairman Sanchez: All right. OK. Mr. Fernandez: Mr. Chairman. Ms. Velazquez: If you give me -- Chairman Sanchez: Yes, sir, Mr. City Attorney. Mr. Fernandez: That's one of the options that you have, remanding it, but the applicant also has another option that she can exercise, which is to retrieve her application and refile the application, and start from the process by going initially to the boards, with a much lower density or with a redesigned plan, or the other option you have is to continue the hearing today, if applicant is willing to continue on the application as it stands in front of you, and then have you vote on the merits. City of Miami Page 205 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: Well, 1 see three options on the table today, so it is up to the -- Ms. Velazquez: I mean, I'm for continuing to work with the neighbors. This is the first time we've come before you. This is something due to the hurricanes. We haven't been able to really have these meetings in due time, and we ask that this item be continued -- Chairman Sanchez: Well -- OK. Ms. Velazquez: -- so we can come back. Now, the only reason why we're couldn't to refile with lower zoning designation would be because we'd like to maintain the retail on the bottom floor. Commissioner Winton: Well, here's an issue, just so you all know. If -- and the reason I ask about this issue about spot zoning is because there isn't any kind of any other zoning anywhere around this location, period, period, period, and for us to consider any other kind of zoning is beyond me, so 1 had -- guess I just have to put it out there, so -- and the reason -- only reason I say this is because, you know, I don't want to encourage the developer to go back and do a whole bunch of work -- Commissioner Regalado: Right. Commissioner Winton: -- and come back with something else that I'm still going to be terribly troubled with. Commissioner Regalado: It will be unfair to the developer if we send it back through the whole process and then, when it gets here, you know, we have the same issues. Commissioner Winton: Unless what you're going to build qualifies for duplex residential development, zoning. Ms. Velazquez: Well, if I make my presentation -- Commissioner Winton: If you did that, then we'd be happy to -- Ms. Velazquez: --1 think that we'd be happy with a compromise, if we meet something middle of the road, especially when we have this particular site that is unsightly and has not been developed for many, many, many years. If I'm able to make my presentation, I will show you that there are commercial corridors on 32nd Avenue. Chairman Sanchez: Well, first of all, Mr. City Attorney, and then, Commissioner Regalado, it is your district, sir. You decide what you want to do. Commissioner Regalado: No. Actually, it's both, because it's right -- Commissioner Winton: It's both districts. Commissioner Regalado: -- in the middle. Commissioner Winton: Half of it's on mine; half of it's on his. Commissioner Regalado: Both. Commissioner Winton: But we're in agreement. Chairman Sanchez: God bless you. City of Miami Page 206 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Regalado: So we want to hear the -- Chairman Sanchez: God bless you. Ma'am, you're out of order, please. OK. Mr. City Attorney. Mr. Fernandez: Yes. Mr. Chairman, the -- I would caution the Commissioners not to express their intent prior to hearing the full application on the merits -- Commissioner Winton: I know, 1 know, I know. Mr. Fernandez: -- because -- Commissioner Regalado: We're not expressing. We're saying -- that we're saying that either we hear this now -- Mr. Fernandez: Correct. Commissioner Regalado: -- or it would be unfair to, like Commissioner Winton said, send back the whole thing and then make the developer spend more money, and more money come back, and have the same issues of concern. Mr. Fernandez: Exactly, and so -- Commissioner Regalado: Because the issue, to me, is not density. It's a different issue. Mr. Fernandez: So applicant has asked this Commission to continue and to refer back to the Hearing -- Ms. Velazquez: Zoning Board. Mr. Fernandez: -- Board, and you have not accepted her recommendation or her request -- Commissioner Winton: That is correct. Mr. Fernandez: -- so that means that then she must proceed with her presentation on the application that's in front of you. Commissioner Winton: Correct. Chairman Sanchez: But then again, it's not fair to the developer because -- I mean -- Commissioner Winton: We've got all the neighbors here. Chairman Sanchez: I think all the attorneys and the opposition, she knows -- she's very bright -- that this is not going to pass here today, based -- Mr. Fernandez: Well, it might. You never know. Commissioner Regalado: No. Chairman Sanchez: No. Mr. Fernandez: Wait until she makes her presentation. Commissioner Regalado: You never know. City of Miami Page 207 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: 1 mean, counsel -- Commissioner Regalado: Maybe she will convince -- Chairman Sanchez: -- counsel, it's -- you know -- Commissioner Regalado: -- the court. Chairman Sanchez: -- we basically have asked you -- you want to put -- Ms. Velazquez: 1 believe that we -- if we are able to work with the neighbors -- because I think that everyone would like this site to be developed. It might not be a perfect world for everyone, but it will allow the opportunity to meet with the neighbors, to work with a plan, I believe that we can come back do you and show you that this is not spot zoning; that this is appropriate for the site, and that's what I'm asking for, the opportunity to work with the neighbors. This is something that you ask us to do all the time; we're prepared, and 1 urge that you ask -- that you allow us to do this in this instance. 1 think this is a perfect opportunity, especially since this particular site -- Commissioner Regalado: Go ahead. She has -- Chairman Sanchez: You know, I didn't touch it, because I get blamed for turning all mikes all over the place. Ms. Velazquez: It's the old Swiss Chateau site; this is part of it, and eventually, it will be appropriate to build something on the site. What's there now -- it's been vacant for quite some time -- Chairman Sanchez: So this -- Ms. Velazquez: -- and in order for us to come -- Chairman Sanchez: So this is your presentation? Ms. Velazquez: No. I'm just -- for my continuance to work with the neighbors, because I think the neighbors would like to see something nice here, as well, and 1 know that they're concerned They had concerns with regards to sidewalks in the neighborhood, and our plans, what we intend on doing, is repairing and introducing sidewalks to this area, so we've got to start somewhere. We just can't automatically deny the opportunity when an opportunity presents itself, and that's why I wanted to show you the picture of what exists now, and anything that we come forward is going to be better, and we're going to make sure that we work with the neighbors to make it a great community for the neighbors, and all I'm asking for is that opportunity. This is the last photo of the old Swiss Chateau. This site has been vacant for a very long time, and Commissioner, I ask you to give us this opportunity --1 will ask for a continuance -- an indefinite continuance, and we will pay for the re -advertising costs so like that -- we're not rushed next month, you know, to come back here and ask you for a continuance. Chairman Sanchez: All right. What is the -- Ms. Velazquez: If I can -- Chairman Sanchez: What is the wish of this Commission? Commissioner Regalado: Look, 1 mean -- you know, it's going to be your problem to try to City of Miami Page 208 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 design the whole thing. I'm just saying that, to me, it's not basically the density, but the other issues that had been discussed here, like this is spot zoning and all that, the real issue. If you can figure out the way of going around that, I mean, 1 don't have any problem. Hopefully, if we don't have a fifth hurricane or we die or well be here when you come back, but still, I don't know what is it that you can offer the residents, because it's not about getting half of the residents happy and then the other half of the residents upset. It's -- Commissioner Winton said a phrase that I'm going to subscribe to it. It's a matter of policy, of public policy, and so -- you know, 1 don't know. I mean, you want to make it -- you want to risk it, it's your call. I don't have a problem. 1 only think that these residents have been very attentive to the different dates and the different cancellations and new dates and new announcements, so I don't know what is their will in terms of coming back or talking -- Gilda Rodriguez: 1 would like to say something. Commissioner Regalado: -- sitting -- Chairman Sanchez: Well, we might and we might not open it for the whole community, because we're going to decide -- Ms. Rodriguez: It's just a comment. She had the right to say something. Chairman Sanchez: Well, she's the appellant. Ms. Rodriguez: Just a very small thing. Chairman Sanchez: Ma'am, well, if I open the meeting for you -- Ms. Rodriguez: OK. Chairman Sanchez: -- anyone else who wants to speak will be afforded the opportunity. 1 think that what we have here is that we've afforded just about everyone the opportunity to defer an item and proceed with it. The attorney apparently understands the position she's in from this Commission on the matter, and if we -- I mean, we've got to do something about it. Whether we defer it and you meet with them and you try to work something out or it doesn't be worked out. I mean, you don't bring it back, whatever, but -- Ms. Velazquez: Exactly, and that's what I'm asking for, the opportunity. I mean, we can't -- Chairman Sanchez: 1 mean, 1 don't think we've ever denied anybody the opportunity to do that -- Commissioner Regalado: No. I -- Chairman Sanchez: -- in all fairness. Commissioner Regalado: If -- Chairman Sanchez: And I don't want to open up this debate because -- I mean, why discuss it now if it comes back in front of us? Ms. Rodriguez: Just a question that 1 have for her. Commissioner Winton: You're not allowed -- Ms. Rodriguez: If you allow me. City of Miami Page 209 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: -- to ask her a question. Chairman Sanchez: Ma'am. Commissioner Winton: You can ask him a question. Chairman Sanchez: Ma'am, please, try to understand Ms. Rodriguez: Just a question. Chairman Sanchez: Ma'am, no. I'm sorry. I am so sorry, but I can't open it for public hearing, so it is -- Commissioner Regalado: I don't -- Chairman Sanchez: You know, I'm prepared to make the motion to continue. Commissioner Regalado: 1 don't have a problem for an indefinite -- Chairman Sanchez: Motion to continue indefinitely. Commissioner Winton: Second. Vice Chairman Gonzalez: We have a motion to continue indefinitely. Commissioner Winton: I'll second it. Commissioner Regalado: And then -- Vice Chairman Gonzalez: (INAUDIBLE) have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: No matter -- Vice Chairman Gonzalez:: Motion carries. Chairman Sanchez: No matter what, she's going to have to meet with the residents and work something out -- Ms. Velazquez: Yes. Thank you. Chairman Sanchez: -- if something is worked out. If not, it doesn't come back. Ms. Velazquez: Exactly. Commissioner Regalado: The only issue that I'm sure that Commissioner Winton and 1, that we happen to dis -- share this weird line of districting in the same area is that if this is going to be like an indefinite -- it could take month, somebody has to clean the property, you know, the -- Commissioner Winton: Well, Code Enforcement ought to be citing whoever owns it. Commissioner Regalado: Exactly. Well, Code Enforcement did cite -- I don't know if this owners or the old owners -- because we sent -- City of Miami Page 210 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: Your clients own this? Ms. Velazquez: 1 have -- Commissioner Regalado: We request -- Ms. Velazquez: My client owns this, and he's sitting right here, and I understand that he's attempted to clean up the site and I'm sure the site needs to be cleaned up some more. Commissioner Regalado: No, no. I remember, like about a year and a half ago, we asked Code Enforcement to go there. There were some abandoned cars, and they towed the cars away, but I don't know if this owner or the other -- I mean, I don't know, but I do know that if we're going to take month, somehow this property should be like -- Commissioner Winton: But, you know, Commissioner -- Ms. Velazquez: He's going to make sure that it's cleaned up. Commissioner Winton: OK, good. Commissioner Regalado, we have always encouraged the developers and the neighbors to get together and work out compromises because it was so -- nothing's ever quite clear-cut and black -and -white. You know, this is a challenge, so -- this is a big challenge for me, from a public policy standpoint. Unidentified Speaker: For me, too. Commissioner Winton: So -- Commissioner Regalado: That's what I'm saying. Chairman Sanchez: OK. If it ever comes back, you'll be properly advertised; you'll know exactly what the situation is, and then you could come back and we'll open it up for debate and you'll have a public hearing on the matter. If not, that's -- Mr. Fernandez: Mr. Chairman. Chairman Sanchez: We have another PZ item? Mr. Fernandez: We -- but we need clarifications on two issues. Is this a continuation? And it should not be indefinitely. We should attach a time period to it. The Code has a provision that there must be final action within 12 months of the Planning Commission recommendation to you, number one. Number two, you really need to ascertain or need to establish on the record whether you intend for this to be only a get -back -together with the neighbors or whether you intend the applicant to the planning Commission to have the matter heard If it changes substantially, the application, it needs to go back to them. Commissioner Regalado: Listen, they need to start the whole process. Chairman Sanchez: They need to start from scratch. Commissioner Regalado: They need to start the whole process. Mr. Fernandez: And so, then, it's actually a continuance with a referral back to the starting -- Chairman Sanchez: Absolutely. City of Miami Page 211 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Mr. Fernandez: -- point? Commissioner Winton: Well, whatever's -- Ms. Velazquez: No, no. Commissioner Winton: -- required. Commissioner Regalado: 1 mean -- Ms. Velazquez: Right. Commissioner Winton: Whatever's required. Whatever they do -- Commissioner Regalado: Whatever they do. Commissioner Winton: -- then they have to follow whatever current rules are, relative to how much they're changing, so if it's a substantial modification, they've got to start over again. Chairman Sanchez: All right. PZ -- we voted on PZ -- Vice Chairman Gonzalez: We need the translator to let the -- Chairman Sanchez: Yes. Oh, yeah, please. Can you do that? Vice Chairman Gonzalez: -- audience know that this has been postponed. Chairman Sanchez: That was PZ 43, right. PZ.44 04-00853a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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 PROPERTIES LOCATED AT APPROXIMATELY 2471 AND 2511 SOUTHWEST 32ND AVENUE, AND 3186 SOUTHWEST 25TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00853a FR Fact Sheet.pdf 04-00853a Analysis.PDF 04-00853a ZB Reso.PDF 04-00853a Zoning Map.pdf 04-00853 & 04-00853a Aerial Map.pdf 04-00853a Application & Supp Docs.PDF 04-00853a Legislation.PDF 04-00853a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family City of Miami Page 212 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2471 and 2511 SW 32nd Avenue and 3186 SW 25th Street APPLICANT(S): Henry Lester Clark, Owner and GMRR Investments Corp., Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 26, 2004 by a vote of 6-3. See companion File ID and 04-00853. PURPOSE: This will change the above properties to C-1 Restricted Commercial. DEFERRED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to DEFER item PZ. 44. Chairman Sanchez: Let's do 44, and then we'll do that. OK. Motion to defer indefinitely PZ.44. Vice Chairman Gonzalez: To continue. Commissioner Regalado: Second -- Chairman Sanchez: To continue. Commissioner Regalado: -- motion to -- Chairman Sanchez: There's a motion by Commissioner Regalado, second by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Now, can you please explain to them that it's been tabled indefinitely, and they're going to have to start from scratch on this? Comments translated by official Spanish interpreter. Chairman Sanchez: Thank you. Ondina Suarez (Official Spanish Interpreter): Anything else? Gloria Velazquez: 1 need a clarification. We asked for a continuance indefinitely where we would come back to you. If we change the application, then we would have to start the process from the beginning. City of Miami Page 213 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Commissioner Winton: That's correct. Chairman Sanchez: And that's correct. Commissioner Regalado: Yeah, that's correct. Commissioner Winton: That's what we said. That's correct. Ms. Velazquez: OK. That's not what she said. Is that what you -- Chairman Sanchez: All right. Hello, hello. Please. Commissioner Winton: Anecia (phonetic). Chairman Sanchez: Please. We need to -- please, work with us. Help us out. It's been a long day. OK. Ms. Velazquez: She's clear. Yes. Chairman Sanchez: All right. Thank you very much. Thank you so much for coming down to City Hall. Hopefully, you won't have to come back, but if you do, it's always a pleasure to see you here. NON -AGENDA ITEMS NA.1 04-01121 DISCUSSION ITEM INTRODUCTION OF ORLANDO TOLEDO, THE CITY'S NEW ZONING ADMINISTRATOR. DISCUSSED Chairman Sanchez: Before we go to the next PZ (Planning & Zoning) item, let me just take something out of the order of the day. We have a new Zoning Administrator who came to us from the County and, at this time, 1 believe the administration would like to introduce him to us, and also have the opportunity to meet us for the first time. I've never met you. His name is Orlando Toledo and, sir, it's a pleasure to have you here at the City. Orlando Toledo: Good morning. Thank you. Chairman Sanchez: So here's your opportunity to address this Commission. Mr. Toledo: Thank you very much. I'll try to do my best I can and, if anything, I'll be here to ask questions. Chairman Sanchez: Thank you very much. Mr. Toledo: Thank you. Chairman Sanchez: All right. Alicia Cuervo Schreiber (Chief of Operations): Commissioners, he comes from the County, as you said before. We were able to snatch him away with 18 years experience. He's an architect and he's got a big plate in front of him, so we welcome you, Orlando. Thank you. Mr. Toledo: Thank you. City of Miami Page 214 Printed on 12/16/2004 City Commission Verbatim Minutes September 27, 2004 Chairman Sanchez: OK. Thank you very much. NA.2 04-01123 DISCUSSION ITEM A MOTION WAS MADE BY COMMISSIONER REGALADO, SECONDED BY COMMISSIONER WINTON, AND WAS PASSED UNANIMOUSLY, WITH VICE CHAIRMAN GONZALEZ ABSENT, TO ADD TO THE CALL OF THE SPECIAL COMMISSION MEETING SCHEDULED FOR SEPTEMBER 28, 2004, CONSIDERATION OF AN ITEM FOR EMERGENCY RELIEF TO HAITI IN THE AFTERMATH OF HURRICAN JEANNE. MOTION Chairman Sanchez: Before -- this was a special meeting on zoning issues. Before we adjourn, Madam Clerk, are there any items that I left out? Priscilla A. Thompson (City Clerk): No, sir. They're all taken care of. Chairman Sanchez: If not, 1 want to --1 have one item, and I have a motion to add an item on the special meeting on September 28th, immediately following the budget meeting, to allow for the consideration of an item for emergency relief to Haiti, in the aftermath of Hurricane Jean. Jorge L. Fernandez (City Attorney): Correct. You need to have that as a special called meeting -- Chairman Sanchez: Exactly. Mr. Fernandez: -- so that you can deal with that at that time. Chairman Sanchez: Well, all we're doing here is, we're adding it to September 28th meeting. Mr. Fernandez: Correct, exactly, for tomorrow. Chairman Sanchez: OK. There's -- can 1 have a motion on that? Commissioner Regalado: My motion. I'll move it. Commissioner Winton: Second Chairman Sanchez: There's a motion by Commissioner Regalado -- Commissioner Winton: Second. Chairman Sanchez: -- second by Commissioner Winton. Open for discussion. Hearing none, it's a motion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, it was approved unanimously. A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to adjourn today's Special Planning and Zoning Meeting. City of Miami Page 215 Printed on 12/16/2004