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HomeMy WebLinkAboutCC 2004-12-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, December 9, 2004 10:00 AM PLANNING AND ZONING AGENDA 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 Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes December 9, 2004 PLANNING AND ZONING ITEMS Present: Commissioner Winton, Chairman Sanchez and Commissioner Regalado Absent: Vice Chairman Gonzalez and Commissioner Allen Note for the Record: The Planning and Zoning Meeting convened at 2:47 p.m. and adjourned at 8: 32 p.m. During part of this time, the Regular Commission meeting was also held. Note for the Record: Vice Chairman Gonzalez and Commissioner Allen came in at 2: 47 p.m. The following items shall not be considered before 10:00 am. PZ.1 04-01269 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE SOHO PROJECT, TO BE LOCATED AT APPROXIMATELY 601, 611, 613 AND 615 NORTHEAST 23RD STREET, MIAMI, FLORIDA, TO CONSTRUCT A 202- FOOT, 16-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 95 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, AND APPROXIMATELY 142 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. ('ny of Miam° Page 2 Printed on 1-;11/2005 City Commission Verbatim Minutes December 9, 2004 04-01269 Exhibit A.PDF 04-01269 Exhibit A Modif.pdf 04-01269 Exhibit B.PDF 04-01269 Exhibit C.PDF 04-01269 Analysis MUSP Modif.pdf 04-01269 Legislation.PDF 04-01269 Plans.PDF 04-01269 Variance Application.PDF 04-01269 ZB Reso.PDF 04-01269 Variance Analysis.PDF 04-01269 Variance Fact Sheet.PDF 04-01269 MUSP Application & Supp Docs.PDF 04-01269 PAB Reso.PDF 04-01269 School Board Comments.PDF 04-01269 URS Comments.PDF 04-01269 Miami -Dade Water & Sewer Comments.PDF 04-01269 Public Works Comments.PDF 04-01269 Fire Department Comments.PDF 04-01269 Traffic Impact Review.PDF 04-01269 UDRB Reso.PDF 04-01269 People's Gas Comments.PDF 04-01269 Parks & Recreation Comments.PDF 04-01269 Pre -Application Comments.PDF 04-01269 Solid Waste Comments.PDF 04-01269 MUSP Analysis.PDF 04-01269 Fact Sheet.pdf 04-01269 Aerial Map.pdf 04-01269 Zoning Map.pdf REQUEST: Major Use Special Permit for the SoHo Project LOCATION: Approximately 601, 611, 613 and 615 NE 23rd Street APPLICANT(S): Loft Development, Ltd., Now Known as SoHo Development, Ltd. APPLICANT(S) AGENT: Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on July 17, 2004 by a vote of 2-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 20, 2004 by a vote of 5-0. ZONING BOARD: Recommended denial of variances to City Commission on October 18, 2004 by a vote of 5-4. "See supporting documentation. PURPOSE: This will allow the development of the SoHo Project. ('ay 0/Miami Page 3 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0793 Chairman Sanchez: I know PZ.1 is a controversial one. Let's go to PZ.3, which is a land use change, 90 Southwest and 3rd Street. Is that noncontroversial? Vicky Garcia -Toledo: We don't have controversy on Item 1. Chairman Sanchez: Well, it's my understanding it is. Let's go to 3, and then we'll go to 2, and if it's going to be controversial, it'll be heard later on. All right. It's not going to be controversial? Ms. Garcia -Toledo: Not that 1 know. Chairman Sanchez: PZ. I's not going to be controversial? All right. Let's hear PZ. 1. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.1 is a Major Use Special Permit for the Soho project, located at 601, 611, 613 and 615 Northeast 23rd Street. The project will have a total of 95 multifamily units, with 142 parking spaces. The request included a request for a variance, which the Planning and Zoning Department had recommended for approval. This is very similar to a project you saw not long ago, the Moon Bay project, in that it is 100-foot wide parcel, once the setbacks kick in, they were left with 60 feet of width. In order to comply with our liner requirements on 23rd Street to buffer the garage because there was no other way to do it, they're seeking a slight setback variance. It was recommended for denial by the Zoning Board, but we feel that it is more than justified because of the criteria of 1305; the better urban design outweighs the variance request, so we recommended approval, and it was also recommended for approval by the Planning Advisory Board by unanimous vote. Chairman Sanchez: Is there anyone in opposition to this item? Being no opposition -- there is opposition. Ms. Slazyk: Yeah, I don't think it's opposition. I think it's a concern about the street, so -- Chairman Sanchez: OK. Well, hold on. Give -- counsel, give us your two -minute version on this, and then we'll -- ma'am, sir, could you just come up and -- yeah. All right. Ms. Garcia -Toledo: Commissioner, if you would allow them to speak. They're not in opposition to the project. They have an issue of sidewalks on a street behind the project. It's not really an issue. Chairman Sanchez: Ma'am. Ma'am, could you state your name for the record and state what you want to state on the record? Cathy Gilbert: My name is Cathy Gilbert. I am a property owner across the street, across 23rd Terrace at 2301 Northeast 6th Avenue. Chairman Sanchez: OK. Ms. Gilbert: And state the concerns? My concerns, again, have -- they have to deal with, as Ms. Garcia -Toledo says, have to deal with 23rd Terrace, and also 6th Avenue, since that's the corner that I'm on, and I'm concerned with the -- there's going to be a four-story parking lot, basically, right there with reduced distance from the -- with the setback. 1 like that the design includes kind of an enclosed wall there that reduces the exposure to the exhaust and the view of the cars and so forth. I'm concerned that still it's close to the street, ten feet away from the street. The street ('ay of Miami Page 1 Printed on 1/11i2005 City Commission Verbatim Minutes December 9, 2004 is only 16 feet wide, so it is very narrow. It's difficult even for two cars to pass, and there is pedestrian traffic, bicycling, kids. There's students that walk up and down from the dorms down the block and apartment dwellers who face the terrace and come onto the terrace and move there, so without sidewalk and with reduced setback, then I have a concern there. I understand there's going to be landscaping that will cover the two bottom stories, which makes --you know, it gives me a bit of -- I'm relieved -- Commissioner Regalado: You feel good. Ms. Gilbert: -- you know, I feel more comforted by that because in the visuals, it looks like there are only some palm trees between the parking garage and myself My balcony faces that view right there, so that helps, but I'm also seeing that the loading dock is on that side, and it comes right onto the 23rd Terrace, which again, it's 16 feet wide only, and without a sidewalk or expanse for visibility there, I'm concerned that it's dangerous for the kids to play, the people that walk around there, and there's no way for traffic to go by there. Chairman Sanchez: So those are your concerns on the project? Ms. Gilbert: Those are my concerns. In addition, when the demolition was going on, the vibration, whatever, did throw cracks through my terrazzo floor, so Pm concerned also when the construction begins about having more damage to the -- to my property. Chairman Sanchez: Thank you. Thank you, ma'am. Sir, could you please take this mike? Steve Showen: My name is Steve Showen. 1 live at 2301 Northeast 6th Avenue, right across from the Soho project. I have several concerns very similar to Cathy's. The neighborhood is characterized by narrow streets, and a lot of pedestrians walk there and stroll there. A lot of children play, and 23rd Terrace, bounding Soho on the north, is only 16 feet wide and it has no sidewalks, and Soho's request to limit setbacks from 20 feet to 5 feet on the south, and 10 feet on the north, well, it would close in these spaces with sort of an oversized, imposing structure blocking a lot of light and sky views, and what little remaining glimpses we have of the bay. We're also hoping that the City's requirements for parking are adequate because the neighborhood residents really depend on the limited street parking in that area, not to mention there's going to be a heavily increased traffic flow, which is going to increase congestion in that very narrow neighborhood. Another concern 1 have is the poor condition of the sewers in the neighborhood, which are sometimes actually overflow into the street and foul the air, and requires continual attention by the City and Water and Sewer Department, and so if you're going to add a burden of a 95-unit building to this already weak system, it seems like there's a possible disaster there. Needs to be some attention to that. The ongoing operation and maintenance of such a building means you have air conditioning systems and emergency power generators and so forth, which can make a lot of noise at times, and we've experienced that already with some high-rises very nearby, so we're concerned about that, that these systems be, you know, very high, or silent, and again, the loading dock access opens right onto 23rd Terrace and 6th Avenue, and it's a very narrow intersection, with a number offamily dwellings very close by. In fact, the nearest one is adjacent to the west side of this loading dock entrance. The Soho project seems, in and of itself, to be an attractive architectural design, but consider that we're facing the prospect of looking across a 16-feet street with no sidewalks at a four-story parking garage, with the accompanying car traffic and exhaust pollution, and plus this loading dock activity right there in the same intersection, right across the street, topped by this 16-story building -- Chairman Sanchez: Thank you. Mr. Showen: -- which may block -- Chairman Sanchez: Thank you, sir. City q/'Miami Page 5 Printed on 1/1 b2005 City Commission Verbatim Minutes December 9, 2004 Mr. Showen: -- sky views. Chairman Sanchez: Thank you. We got to wrap it up. Thank you. OK. Ms. Garcia -Toledo: My only statement is that in -- Chairman Sanchez: Sorry. Ms. Garcia -Toledo: This project requires the variances in order to build the liner units, the liner town homes that front on 23rd Street, as required by your Planning Department. Chairman Sanchez: OK. Well, give us -- Ms. Garcia -Toledo: The architect is here, if you would like him to give you a presentation of the project. Commissioner Winton: Actually, 1'd like to have Lourdes come to the microphone. What is the deal with Northeast 23rd Terrace? Ms. Slazyk: Northeast 23rd Terrace -- I was actually just speaking to Public Works and they could answer, if you'd like. Its 16 feet wide at this point, and the right-of-way -- Commissioner Winton: So how's that a road? Ms. Slazyk: Pardon? Commissioner Winton: How's that a road? Ms. Slazyk: It's -- it is platted as a street. It's just very narrow. It functions more as an alley. Commissioner Winton: Yeah. I mean -- Unidentified Speaker: Its an alley. Ms. Slazyk: Yeah. If you look at the maps in your package, you'll see it -- the -- all of the other projects along there have access to other larger streets for ingress and egress, and this really functions more in a service capacity, but once you take the width required for traffic to maneuver the street two-way traffic, there's only two feet left, which can be -- and that's not wide enough to make a sidewalk. It would not meet ADA (Americans with Disabilities) or any other requirements, so there is no way the City could come in and put sidewalks in because it would require acquiring all the land up and down the street to do it. Commissioner Winton: And you also can't make it one-way because people have to down it and then they can't get back Ms. Slazyk: Right, and the way the service is done through it, that -- you know -- Chairman Sanchez: (UNINTELLIGIBLE) cluster. Ms. Slazyk: -- there is no -- so what -- you know, in this project, what they did was they created a very nice landscape buffer on that side, and it's going to be pleasant to walk along, but there is no sidewalk. There is no sidewalk, nor is there really enough room to put one in. Commissioner Winton: Whether that project's there or not. ('iry of Miami Page 6 Printed on lit 1 2005 City Commission Verbatim Minutes December 9, 2004 Ms. Slazyk: Right, correct. Commissioner Winton: OK. Ms. Garcia -Toledo: Commissioner, I may also add that all of the entrance and exit for the parking garage is on 23rd Street. Commissioner Winton: On where? Ms. Garcia -Toledo: It's through the front of the project. Commissioner Winton: Through -- that's the entryway that I'm looking at of the front, right? Ms. Garcia -Toledo: Correct. Commissioner Winton: And it isn't -- Ms. Garcia -Toledo: That's correct. Commissioner Winton: -- coming through the back? Ms. Garcia -Toledo: And there is no access from the back into the garage. Commissioner Winton: Is the loading from the back, though? Ms. Garcia -Toledo: Just the loading, which is this. Commissioner Winton: Oh, that's it. OK. Ms. Garcia -Toledo: And we have prepared it with a door so that we can keep it closed. Commissioner Winton: So -- Ms. Slazyk: Right. Commissioner Winton: -- can a truck get in there? Ms. Garcia -Toledo: Yes. Yes, it does meet all -- Commissioner Winton: So they're not going to -- Ms. Garcia -Toledo: -- the requirements. Commissioner Winton: -- be blocking the alleyway when they're -- Ms. Garcia -Toledo: No. We have a full loading berth inside the parking garage. Commissioner Winton: OK. Well, the one thing that kind of stands out in this project is that the 23rd Street elevations at ground level and the town house stuff looks really good. The back looks like the back, and while this street functionally or -- functionally looks like an alley, from a practical standpoint, it works as a street because there are properties across the street and on that street. Ms. Garcia -Toledo: No. (.ity q f Miami Page 7 Printed on 1,1 /'2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton:: Are there not? Ms. Garcia -Toledo: No, sir. No. The properties are on 6th Street -- 6th Avenue, excuse me, that come perpendicular. On 23rd Street is the back of house for both properties on -- fronting 23rd and fronting 24. Commissioner Winton: So -- Ms. Garcia -Toledo: There is a perpendicular drive, which is 6th Avenue, which is where -- I believe, where Mrs. Gilbert lives, and she can -- she might -- it's 6th Avenue, correct? Ms. Gilbert: In fact, I'm on the corner of 6th Avenue. Commissioner Winton: Yeah. Ms. Garcia -Toledo: So it's the side of her property that's on 23rd Street, but there is no frontage of any property on 23rd Terrace. Commissioner Winton: Well -- Ms. Gilbert: (INAUDIBLE). Chairman Sanchez: Ma'am, ma'am, you need to step up to the podium and state your name on the record, and 1 thought this item wasn't controversial. Ms. Garcia -Toledo: I'm sorry. 1 didn't think it was. Commissioner Winton: The -- all of the properties that are on the north side of 23rd -- Ms. Garcia -Toledo: Terrace. Commissioner Winton: -- Terrace, from 4th Avenue to the bay -- all of them, I guess, all the way to Biscayne Boulevard, for that matter -- do all of these properties -- do we know if all these properties actually front something other than 23rd Terrace? Because I'm looking at the plat map, and it looks like there's plenty of properties that have to front -- Ms. Gilbert: Yes. The property that I own -- Chairman Sanchez: Ma'am, state your -- Commissioner Winton: Oh, I see what they do. Chairman Sanchez: -- name and address for the record Ms. Gilbert: Cathy Gilbert. Chairman Sanchez: Thank you. Ms. Gilbert: Thank you. Sorry. My property has -- for the upstairs, the front is towards 6th Avenue, although the side den has balconies and so forth, and then the bottom apartments on that level face the terrace, as do all the apartments at the block on next -- Commissioner Winton: Well, but the primary frontage of the properties -- and as I'm looking at these plat maps, a side elevation of a property may front 23rd Terrace, but the front fronts all of Gry of Miami Page 8 Printed on 1.'11/2005 City Commission Verbatim Minutes December 9, 2004 those side streets -- Ms. Gilbert: Well, the side -- Commissioner Winton: -- which is 4th and 5th and 6th and 7th. Ms. Garcia -Toledo: Correct. Ms. Gilbert: On the bottom floor, those addresses actually face the terrace. Those are the front entrances for those -- for that floor. Commissioner Winton: So if they walk into a unit, they walk in from the terrace? Ms. Gilbert: Right, exactly. Ms. Garcia -Toledo: No. No, that's not correct. Ms. Gilbert: But, again, I was -- as far as the appearance goes of the four stories, as long as -- the image -- one of the board shows just palm trees for the buffering, but I was told actually by their staff that they had planned to have two-story wall of landscaping there, which I would find much more -- you know, that would be fine with me then because we'd be facing -- we'd be buffered from any sound and exhaust and the view of the parking garage that way, so I don't know -- but I don't -- but I just wanted to be sure that that really is the case, and not that -- the way it is drawn here. Commissioner Winton: OK, and what I was going to say because, the fact of the matter is, there's nothing we can do about the sidewalk issue. It can't happen. I don't care whether it's this project or some other project. This is not -- this is -- this 16 foot right-of-way for a street doesn't qualify anywhere -- our current qualification's 50 feet, and the old one used to be, many moons ago, was 40, so this doesn't fall in any street category, so there's no way -- I don't care whether this project's built or not built, you can't put sidewalks in on this terrace, so 1 am still concerned about -- my concern is the elevation on the back, and I would like you guys to work a little closer to do some other things, both with the structure itself so that it doesn't look -- you get -- you know, do some architectural things along there so that that middle piece, it goes to both of those end pieces, where it looks like a garage, and your landscaping, I think, between those and then you're going to have unattractive something so that whoever comes to 23rd Terrace -- and my guess is that, in the future, everything's going to back to -- Unidentified Speaker: That's correct. Commissioner Winton: -- 23rd Terrace, but in case something happened, you know, I'd rather start out today with the backs looking good, as opposed to just looking like backs, as opposed to letting everybody get away with whatever they want, so -- Unidentified Speaker: We -- Commissioner Winton: -- Lourdes, that's something l want you all to work on. Unidentified Speaker: I mean, we could definitely -- Ms. Slazyk.• What you could -- yeah, your approval today could be conditioned on continuing to work on articulation -- Unidentified Speaker: That would be fine. City of Alum, Page 9 Prinied on 1' I P2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: Bingo. Ms. Slazyk: -- on that facade. That's correct. Commissioner Winton: And so moved. Chairman Sanchez: All right. Commissioner Regalado: Second. Chairman Sanchez: There's a motion with conditions, and that condition -- Commissioner Winton: The condition being that they continue to work on the elevation -- Chairman Sanchez: -- that they continue to work on the elevation. Commissioner Winton: -- the northern elevation of the -- Ms. Slazyk: 23rd Terrace frontage. Commissioner Winton: -- fourth -- yeah, on the 23rd Terrace side of that -- Ms. Garcia -Toledo: Four-story. Commissioner Winton: -- four-story piece, yeah. Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Regalado: Second. Vice Chairman Gonzalez: There's a second. Commissioner Regalado: I second it. Chairman Sanchez: OK. Did I close the public hearing? 1 did close it because no one else -- OK. Further discussion on the PZ (Planning & Zoning) item? If not -- Commissioner Winton: And I ought to make one more comment to the two people who came here, and that is, 1 don't know how long y'all have lived in the neighborhood, but I've said this a hundred times on the record, with every project that's come before us that's in this neighborhood. This neighborhood community made a decision in about 1985 to upzone that entire neighborhood, and it went to high-rise zoning, which was, as far as I'm concerned, a huge public policy mistake 20 years ago, but it is what it is, and we can't back it up, so that whole neighborhood -- and they're some of the -- used to be some of the neatest old houses in that neighborhood of anywhere in Miami, and you've seen them over the years get bulldozed one after another, and that's going to be the fate, as sad as it is, but the neighborhood cast that die and convinced the Commission to go along with them in this arena 20 years ago, and unfortunately, with today's land use laws and court rulings, we can't back it up. Wish we could. Thank you. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: There's a motion and a second. It's a resolution. All in favor, say "aye." City q%'Miami Page 10 Printed on P11/2005 City Commission Verbatim Minutes December 9, 2004 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." PZ.1 carries. PZ.2 04-01280 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, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE CAPIRO TOWER PROJECT TO BE LOCATED AT APPROXIMATELY 300 SOUTHWEST 12TH AVENUE; 1220 & 1244 SOUTHWEST 3RD STREET; AND 1217, 1229 & 1247 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 328 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 10,000 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 543 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES SPECIFIED IN EXHIBIT " C"; 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. 04-01280 Exhibit A.PDF 04-01280 Exhibit B.PDF 04-01280 Exhibit C.PDF 04-01280 Legislation.PDF 04-01280 Plans.PDF 04-01280 Application & Supp Docs.PDF 04-01280 PAB Reso.PDF 04-01280 School Board Comments.PDF 04-01280 UDRB Reso.PDF 04-01280 URS Comments.PDF 04-01280 Public Works Comments.PDF 04-01280 Parks & Recreation Comments.PDF 04-01280 Miami -Dade Water & Sewer Comments.PDF 04-01280 People's Gas Comments.PDF 04-01280 Solid Waste Comments.PDF 04-01280 Pre -Application Comments.PDF 04-01280 Analysis.PDF 04-01280 Fact Sheet.pdf 04-01280 Aerial Map.pdf 04-01280 Zoning Map.pdf REQUEST: Major Use Special Permit for the Capiro Tower Project LOCATION: Approximately 300 SW 12th Avenue; 1220 & 1244 SW 3rd Street; and 1217, 1229 & 1247 SW 4th Street APPLICANT(S): Enda Investment, Inc., Pafer, Inc. and Repatier International, ('ay of Miami Page 1/ Printed on 1!11/2005 City Commission Verbatim Minutes December 9, 2004 Ltd, Owners and KBFG, LLC, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Capiro Tower Project. . Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0794 Chairman Sanchez: Let's go to PZ.2. Try to get some of the PZs (Planning & Zonings) out of the way. Noncontroversial. Is there anyone in opposition on PZ.2? OK. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2 -- Chairman Sanchez: Having none -- Ms. Slazyk: OK. PZ.2. Real quick for the record, Major Use Special Permit for Capiro Tower, located at 300 Southwest 12th Avenue. The project will consist of approximately 328 total multifamily units with 10,000 square feet of retail space, 543 parking spaces. It was recommended for approval with conditions by Planning and Zoning; approval by the Planning Advisory Board, unanimous, and the conditions are as stated in your package in the development order. Chairman Sanchez: All right. Being that there's no opposition, Madam Counsel, please give us your two -minute presentation. Gloria Velazquez: Good afternoon. My name is Gloria Velazquez, with offices at 1221 Brickell Avenue, on behalf of the applicant today. Joining me also, as principal -- the principal of -- the applicant is Robert Behar, who is the architect, as well. This particular project is coming before you as a MUSP (Major Use Special Permit). We are located between 3rd Street -- Southwest 3rd Street and 4th, right on Southwest 12th Avenue. We've requested 328 units. We have approximately 12,000 square feet of retail, and what's really unique about this project is that the way the architect has designed -- and I don't have my microphone, which I typically walk over, but the way they've designed this project where you have townhouses lining the garage on 3rd and 4th, so what you'll see -- instead of seeing a garage right on 3rd Street, you'll have town houses lining the garage, and on 4th Street, as well. We don't have -- we haven't requested any variances. We've received various approvals of recommendation, and we urge your approval, as well. Chairman Sanchez: All right. Is there a motion? Commissioner Regalado: I'll move it for you. ('try of Miami Page 12 Printed on 1-'11,'2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: Yeah. Commissioner Regalado: It's your district. Chairman Sanchez: Yeah, I don't have -- Commissioner Allen: Yeah. Chairman Sanchez: -- a problem with it. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion and a second. It's open for discussion. Being that the public hearing is closed, 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." Motion carries. Commissioner Winton: Lourdes, is there anything in this project that I'm not going to like, based on, you know, everything that I've been saying. You've paid attention to all these things, elevation, street level -- Ms. Slazyk: Yeah. This one -- Commissioner Winton: -- blah, blah, blah, back and fronts. Ms. Slazyk: -- they did the parking on the back side, so it doesn't actually even front a street. They lined the two side streets, and the front doesn't even have any parking, and then it's kind of a courtyard situation. Chairman Sanchez: And they're going to have plenty of parking, of course. Ms. Slazyk: Yes. Chairman Sanchez: That's the (UNINTELLIGIBLE) -- OK. Commissioner Winton: Wonderful. PZ.3 04-00562 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 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. City at Miami Page 13 Printed on Nt L2005 City Commission Verbatim Minutes December 9, 2004 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 04-00562-submittal-letter. 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 ►nfill 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. 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 Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12625 Direction to the Administration by Commissioner Winton to do additional analysis and research to ascertain that proposed development on this site will in no way jeopardize the construction of a tunnel, particularly pertaining to the area under the FP&L site; further instructing that the administration communicate its findings to the developer and report back to the Commission in January 2005. Lourdes Slazyk (Assistant Director, Planning & Zoning): We're on 3. Chairman Sanchez: All right. Let's see if we could get through some of these PZ (Planning & Zoning) items. Let's go to PZ.3, which is a land use change. ('iry ofMiami Page /4 Printed on 1 1 P2005 City Commission Verbatim Minutes December 9, 2004 Ms. Slazyk: PZ.3 -- Lottie Person: One thing, I'm going to invite you -- Commissioner Winton: Name. Name and address. Ms. Person: Oh, my name is Lottie Person. I live at 3245 Oak Avenue. Good -- Chairman Sanchez: Are you -- Ms. Person: -- Black History Month, February, we're going to rededicate the historical cemetery, and I want you all to come. I'm going to invite the whole Commissioner. Chairman Sanchez: All right. Ms. Person: (UNINTELLIGIBLE) part of -- Chairman Sanchez: Well see you there. Ms. Person: -- history. Thank you, thank you. Chairman Sanchez: Happy holidays. All right. Commissioner Regalado: PZ what? Ms. Slazyk: PZ.3, 4, and 5 are -- Chairman Sanchez: Is this a controversial one? Ms. Slazyk: No. Vicky Garcia -Toledo: I don't believe so. Chairman Sanchez: Anyone in opposition on PZ.3? All right. Commissioner Winton: Yeah, me. Ms. Slazyk: PZ.3, 4, and 5 -- Ms. Garcia -Toledo: Actually -- Ms. Slazyk: -- are actually all companion items. Ms. Garcia -Toledo: And 6, to a certain extent. Ms. Slazyk: And 6, to some degree. 3 and 4 are the land use and zoning changes, second reading, for the property at 90 Southwest 3rd Street, also known as 55 and 92 Southwest 3rd Street, from office to restricted commercial. Recommended for approval by everybody, and passed by the City Commission on October 27th, with PZ.4 being the companion zoning change, also recommended for approval by everyone, and then 5 and 6 are the Major Use Special Permits that go with these, so -- Chairman Sanchez: All -- City ofMiami Page 15 Printed on 1.11,2005 City Commission Verbatim Minutes December 9, 2004 Ms. Slazyk: -- we need to take them separately, though. Chairman Sanchez: All right. Madam Attorney, can you give us your two -minute presentation, being that there's no opposition to this item? Ms. Garcia -Toledo: Two -minute presentation. The land use and zoning have been approved unanimous on first reading, and they are to take these properties to the same category as the neighborhood property, so that we can develop these approximately 17 acres of City property on the Miami River. You are looking at something that has never occurred before in the City of Miami, where three developers have come together and developed, in conjunction, so that there can be a better urban product and project. The project that is before you is designed by architect Luis Revuelta and his staff. What you're seeing in the center panel is basically the main boulevard, with one MUSP (Major Use Special Permit) on the east and one MUSP on the west. The MUSP on the east is a modification of a previously approved MUSP, which calls for a three-phase project, and the one on the west is actually a four -phase project, which is right next to the Metrorail, just so you get your bearings. The east side is close -- is on the side of Miami Avenue, and the west parcel or the west MUSP is on the west, and we are calling this Riverfront, and just for the sake of facilitating the information, it's -- we refer to it as east and west Major Use Special Permits. Vice Chairman Gonzalez: All right. Commissioner Winton: Madam Planner, the west MUSP is the one that will sit on top of the downtown Brickell tunnel, and I want to make sure that the tunnel, which is being fast -tracked right now, in partnership with the County and the City, that before we approve anything, that we don't create something that messes that up, so where are we? Vice Chairman Gonzalez: Yes. Ms. Slazyk: I'm not sure if-- I know we had a meeting on it, and I believe that -- and Vicky may be able to answer it better than me -- that this did not interfere with it because of how it was designed, the setback on that side. I believe there wasn't a conflict. Commissioner Winton: Well, believing -- Ms. Slazyk: Let me see -- well, let me find -- Ms. Garcia -Toledo: No. Commissioner Winton: -- and knowing are two radically different things. Ms. Slazyk: -- someone who's got the answer. Mary Conway (Director, Capital Improvements & Transportation): At this stage of -- Mary Conway, CIP (Capital Improvements) and Transportation. At this stage of the tunnel feasibility development, which is very preliminary -- we're working on getting the consultant on board, partnership with the County, as you're aware -- we don't have the engineering information available to be able to know the exact horizontal alignment, vertical alignment of the tunnel; though we do feel confident that there are some other options that we could look at that would have the tunnel in this approximate location without necessarily needing to impact this particular property, so -- 1 mean, in a nutshell, the answer is, we're still at too preliminary ofa stage, but we do think that we have an option that's available that would adjust the alignment of the tunnel, and I can brief you on exactly what that is. Ms. Garcia -Toledo: I would be happy to share with you what I have been told. City gfMam, Page 16 Printed on 1.'1 [.z2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: OK. Ms. Garcia -Toledo: 1 had a brief meeting with Alicia Cuervo-Schreiber, who said, "Vicky, it's not a problem, but we might have to dig under the buildings if it goes there." 1 said, well, then, we really need to sit down and talk about it, because if you have to dig under the building, the building would fall, right? Commissioner Winton: Yeah. Ms. Garcia -Toledo: So -- Commissioner Winton: We're -- I'm -- Ms. Garcia -Toledo: So then a couple of weeks went by, and 1 was told that it appears that they prefer to go on the west side of the Metrorail property. Commissioner Winton: Oh, where the power plant is? Ms. Garcia -Toledo: Correct. Commissioner Winton: I mean, where the -- OK. Well -- Ms. Garcia -Toledo: Can I -- Commissioner Winton: -- this is being explained to me, which makes sense to me. However, this is a major public policy issue and it is the -- one of four steps, the cornerstone to unlocking gridlock that will impact your project and everybody else's project in downtown and Brickell, and as you all know, tunnels are tunnels. The bridges are the bane of existence for everybody that lives anywhere near that river. The bridges go up, traffic stops. Today it stops dead. It's a mess, so wait until we get all this development done, so 1 don't want to take any step that's going to jeopardize our ability to put that tunnel in place, and a number of things have happened that are extremely positive. We -- the People's Transportation Tax, which was passed, had this as a line item in it at $213, 000, 000. George Burgess and I had some very spirited conversation relative to whether or not this was supposed to be another bridge or a tunnel, and we are now on the same wavelength. I have a formal letter from him. We formed a committee together -- that's a County committee, with a County assistant manager, and myself serving as co-chairs of this committee -- that are working with a team of County professionals and City professionals to fast - track this tunnel, so that the tunnel doesn't become a reality in 20 years from now; the tunnel becomes a reality in our immediate economic lifetime here, and we have a real shot at doing it because it is a line item in there, and 1 think that it's going to cost a lot less than the County anticipated, so the worst thing we could do right now is to rush to some decision on the west MUSP and risk this tunnel, so y'all need to make -- I will be beyond not happy if we get down the road in this process and we've approved something, and we've approved it because we're in a big hurry here, and then we can't put a tunnel in place because we're going to have to buy somebody's land out at 400 bucks a foot, that's going to be a problem, so are y'all ready to stick your necks out there? Let me ask you another question, because 1 also don't want to -- this project is a great project, and as you have said -- Lourdes pointed out that the project on this site, that it's been designed to create a real grid pattern; there's view corridors through it. I mean, there's a lot of positives, and we don't want to mess that up either. What do you anticipate the timing to be where we could be more assured of this alignment process, given the fast - tracking that's going on with the County? Ms. Conway: Again, Mary Conway. Right now, we're on track to have the JPA (Job Performance Analysis) before the City Commission, which would be the final approval, so we're ry of Miami Page 17 Printed en 1,11/2005 City Commission Verbatim Minutes December 9, 2004 in -- we've got schedule laid out for January meetings, Board of County Commissioners, the different CITT (Citizens Independent Transportation Trust) committees, so that we would be here on the first February meeting, which 1 believe is February loth. We'll be able to start immediately following that. We're estimating a six- to eight -month time frame for the total feasibility study, but I would estimate we're probably looking at a four- or five -month time frame to have the tunnel technology, and the method to be used, as well as the horizontal and the vertical alignment pretty much nailed down, so that puts us February -- July -- probably July of next year. Ms. Garcia -Toledo: Commissioner, just for your information, this project has been traveling through the City now for approximately -- Commissioner Winton: 1 don't care -- Ms. Garcia -Toledo: -- over a year. Commissioner Winton: -- if it's been traveling through the City for 15 years. This is a major public policy issue, so -- and I'm not about to jeopardize our capacity to unlock the gridlock downtown because I'm anxious to get one phase of this development fast -tracked, or slow - tracked, or any other track. Ms. Garcia -Toledo: But the truth of the matter is that you do have not only the land that belongs to the County under the Metrorail, but you do have on the west side property that is non - developable, and that has absolutely no improvements and no plan for any improvements, and just so you know, my client also has a small parcel on the west side of the Metrorail, which we specifically did not make part of this project in an order to -- you know, in trying to cooperate with the City. Commissioner Winton: 1 think that y'all can do some additional analysis and homework to give me a better sense of this western west of the Metrorail alignment of the tunnel, and so what 1 would like to -- is this two separate MUSPs or are they tied together? Ms. Slazyk: The -- Commissioner Winton: East and west. Ms. Slazyk: No. The west -- the east MUSP is a modification to a previous MUSP that is -- Commissioner Winton: OK. Ms. Slazyk: It's only tied to the west insofar as they had the same architect -- Commissioner Winton: OK. Ms. Slazyk: -- and shared access ways and that. Ms. Garcia -Toledo: The shared access way is owned by both property owners because the way the land lays out, it crosses over from one property owner to the other, so with -- Ms. Slazyk: Yeah, but there are two property owners. Ms. Garcia -Toledo: You can't have one without the other. Commissioner Winton: Right. City of Miami Page 18 Printed on 1/11,2005 City Commission Verbatim Minutes December 9, 2004 Ms. Slazyk: There are two property owners. If you -- Commissioner Winton: Well -- Ms. Slazyk: If one were approved without the other, they'd have to modify a design. Commissioner Winton: OK. Well, here's what 1 want to do. I want to -- what is this? What month are we in, December? Ms. Garcia -Toledo: December. Vice Chairman Gonzalez:: December. Commissioner Winton: 1 want to defer this item to the January meeting, and we'll bring it back up --1 want you all to do some additional analysis and research to give me a better comfort level that we can, in fact -- that there isn't something under the FP&L (Florida Power & Light) site that's going to absolutely preclude a tunnel from being built. I don't know what's under the FP&L site, and I remember there was a lot of discussion with FP&L when we were talking about the ball fields, and the parking there, when the baseball stadium was going to go on this site, and so I think we need to do some additional communication with FP&L and make sure that there's not something there that nobody's thinking about because 1 can tell you one thing: There isn't anything on this site right now. It's vacant, so 1 want to -- I think you guys can do that research, and we can come back in January, and if there isn't something that we don't know about there, then we'll pass this whole thing. Ms. Garcia -Toledo: Commissioner, could we at least have the second reading of the zoning and land use, and you just withhold the, for one month, approval of the MUSP? Commissioner Winton: Do -- Mr. City Attorney or either one, do we run any -- Jorge L. Fernandez (City Attorney): They can travel separately. Ms. Slazyk: They can. Mr. Fernandez: They can still achieve their land use designation without obtaining the MUSP, which means permission to go ahead and develop because that's granting all of the permits, so they can, in fact -- we can, in fact, do that; is that correct, Ms. Slazyk? Ms. Slazyk: That's correct, because with -- once they get the land use and zoning change, without the MUSP, they can't do a project. Commissioner Winton: Because the real fact of the matter is this, and that is that, you know, there's cities all over the place where there's tunnels under buildings. Boston builds buildings on top of their expressways, so what 1 just want to make sure -- and right now, I have a little leverage. Later, I don't have as much leverage. If we find out that you can't put the tunnel on the west side, we're going to put it on this side. We don't want to mess up your development. We just want to make sure that we're working hand in hand so that you don't do something that precludes us or costs us another $100,000,000 to put a tunnel in. Ms. Garcia -Toledo: And -- Commissioner Winton: And so, right now, I have you as great allies. Once I approve this thing, you know, you might not be such a great ally. Ms. Garcia -Toledo: Commissioner, could I also ask that your staff supply to us whatever ('iiy of Mia,n, Page 19 Printed on 1i 11 2005 City Commission Verbatim Minutes December 9, 2004 information they give you as soon as it's available -- Commissioner Winton: Absolutely. Ms. Garcia -Toledo: -- so that we can also have our architect look at it? Commissioner Winton: You guys need to be really at the table with us on this whole planning process, so if you figure out who that might be, I'm a hundred percent in favor because, as I just said, the fact of the matter is, if we're working hand in hand with this, it's going to make -- it's going to work out for everyone, and that's a crucial thing, so y'all need to be at the table, happy to have you at the table. You figure out who the designee is and you can come to the committee meetings. Ms. Garcia -Toledo: OK. Chairman Sanchez: All right. Commissioner Winton: So what -- Chairman Sanchez: So the action is -- Commissioner Winton: -- are we going to -- Mr. City Attorney, do we -- do I jeopardize any of my leverage by passing the land use issue right now versus waiting until January? Chairman Sanchez: Isn't this a first reading? Ms. Garcia -Toledo: No, this would be the second reading. You've already approved this land use and -- Chairman Sanchez: That's right. Ms. Garcia -Toledo: -- zoning change unanimously on first reading. Chairman Sanchez: That is correct. Mr. Fernandez: Yeah. Again -- Chairman Sanchez: All right. Mr. Fernandez: -- Commissioner, 1 use your -- I repeat your words advisedly with regard to the leverage that you perceive to have, but notwithstanding that, the fact still remains -- and I just discussed it with Ms. Slazyk -- is that they cannot proceed to do anything until they get MUSPs, so passing on the land use today -- Commissioner Winton: Great. Mr. Fernandez: -- will not be a hindrance to -- Commissioner Winton: So moved. Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Motion by Commissioner Winton, second by Commissioner Allen. It is open City ofMiami Page 20 Printed on 1,'11,2005 City Commission Verbatim Minutes December 9, 2004 for discussion. All right. 1 believe the Miami River Commission, he wants to add something for the record. Brett Bibeau: Thank you, Chairman Sanchez. Good afternoon, honorable City Commission. Brett Bibeau, Managing Director of the Miami River Commission, with offices located at 4600 Rickenbacker Causeway. I'm here to provide the Miami River Commission's official statement to all City Commissioners, as requested in City Resolution 00-320, regarding items PZ 3 through PZ.6. On September 13,2004, Ms. Vicky Garcia -Toledo, Bilzen Sumberg; Mr. Luis Revuelta, Revuelta Leon Architects, and Mr. Tony Cabrera, Epoch Development, in addition to Mr. Frank Guerra, Neo Concepts, presented the Riverfront East and West MUSPs to the Miami River Commission. The subject property is located on the river's north shore, between South Miami Avenue and Metrorail. The Miami River Commission unanimously found the mixed -use development to be consistent with the award -winning Miami River Corridor Urban Inftll Plan's recommendations for this downtown lower river property, which has been vacant for some time. In addition, the Miami River Commission unanimously found the project to be consistent with the Miami River Greenway Action Plan, in providing a publicly accessible 20-foot wide riverwalk, featuring a 16-foot wide unobstructed pedestrian path, and a minimum four foot passive area with landscaping, lighting, benches, and other amenities within the 50-foot building setback from the shoreline. The project's first floor features restaurants and retail connecting to the riverwalk, and the consistency with the Miami River Greenway Action Plan is subject to development of the riverwalk within five years of the Major Use Special Permit approval, and just to add, Commissioner Winton's point is well taken. The Miami River Corridor Urban Inftll Plan also recommends a tunnel in the downtown vicinity, and we look forward to working with all the parties to make that come to be. Chairman Sanchez: All right. Is there anyone else wishing to address this Commission, please step forward. Sir, state your name for the record. Roy Hardemon: Roy Hardemon, 655 Northwest 48th Street. I think this -- the project's a great project on the Miami River, but I just want to ask this Commission, as y'all approve things of this nature, to really look at Model City, the Liberty City area, where we fighting for development, tooth and nail, as one of the povertiest-stricken [sic] in the nation, and we need you all come into our neighborhood and really help us. Thank you. Chairman Sanchez: Thank you, sir. All right. Does that conclude your presentation, counsel? Ms. Garcia -Toledo: Yes. Chairman Sanchez: All right. The public hearing is closed. At this time, there is a motion and a second. Commissioner Winton: Commissioner -- I mean, Mr. Chairman. Chairman Sanchez: Yes. Commissioner Winton: 1 would like to address one more point Vicky made, and that is that this has been in the pipeline for a year. I would like to make sure that we have on the record the fact that the tunnel, in that location, has been a part of the public record for, I believe, two or three years now because it is a part of this City's Downtown Master Transportation Plan, which I chaired. This Commission adopted that plan no less two years ago, maybe three years ago that plan was adopted by this Commission, and it is a part of the public record, and it was in there as a line item in that location. Chairman Sanchez: That's the perfect place for a large urban complex, such as that one. OK. Other than that, any further discussion from the Commission? If not, it's on second reading. Mr. City al Miami Page 21 Printed on 1'112005 City Commission Verbatim Minutes December 9, 2004 City Attorney, read the ordinance into the record. Mr. Fernandez: PZ 3. 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, 5/0. PZ.4 04-00562a ORDINANCE Second 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 "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. 04-00562 & 04-00562a Exhibit A.PDF 04-00562a Fact Sheet.pdf 04-00562a Legislation.PDF 04-00562a Application & Supp Docs.PDF 04-00562a ZB Reso.PDF 04-00562a Analysis.PDF 04-00562 & 04-00562a Aerial Map.pdf 04-00562a Zoning Map.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 City oJMiaml Page 22 Printed on 1.'11'2005 City Commission Verbatim Minutes December 9, 2004 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 04-00562 b. 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12626 Chairman Sanchez: All right. PZ.5? Commissioner Winton: 4. Vicky Garcia -Toledo: 5 and 6. Commissioner Winton: 5 is a companion? Jorge L. Fernandez (City Attorney): It's 4 or 5? Chairman Sanchez: I'm sorry. Ms. Garcia -Toledo: Oh, 4, I'm sorry. Lourdes Slazyk (Assistant Director, Planning & Zoning): 4 is the companion. Ms. Garcia -Toledo: PZ.4. Chairman Sanchez: OK, 4 is a companion. It is an ordinance also on second reading. Is there a motion? Commissioner Winton: But -- what -- which of these items are we going to defer to January? Ms. Slazyk: 5 and 6 -- Ms. Garcia -Toledo: 5 -- Ms. Slazyk: -- are the Major Use Special Permits. Commissioner Winton: Got it. OK. Chairman Sanchez: All right, so there's a motion by Commissioner Winton on PZ.4. Commissioner Winton: Yes. Chairman Sanchez: Is there a second? Vice Chairman Gonzalez: Second. Cory o[Maim, Page 23 Printed on 1.4 L 2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: Second. There's a second. Before we open it for a discussion, anyone from the public wishing to address this item, please step forward and be recognized. Luis Revuelta: 1 just want to make a brief comment. Chairman Sanchez: Sir, you need to state your name for the record, before you make that brief comment. Mr. Revuelta: I sure can. My name is Luis Revuelta, with Revuelta Vega Leon Architects. What I'd like to ask your staff -- Lourdes -- Chairman Sanchez: Staff? Commissioner Winton: Hey, Lourdes, question. Mr. Revuelta: -- is that -- it is my opinion, as the architect, that if we do not get this information, obviously, quickly -- Chairman Sanchez: What would be a reasonable time? Mr. Revuelta: Well, the problem is that we've been working on this MUSP for a long time, and 1 don't know how to answer your question. The problem is that, if quickly it's not found that there is potential problems on the FPL site, then this west side of this MUSP cannot be built. It would basically kill it. It would stop it and kill it, so I just want to -- I'll say request -- Commissioner Winton: In other words, we'll have to defer it for a while. Mr. Revuelta: Right. Right. Chairman Sanchez: All right. Commissioner Winton: That is correct. Chairman Sanchez: So, listen, the City will try to get you that information as quickly as possible. Ms. Garcia -Toledo: We'd appreciate it. My client has -- Commissioner Winton: No, by January. Chairman Sanchez: OK. Commissioner Winton: Wait. 1 want to --1 want the City's answer on the -- and I -- they need to do consultation with FP&L during the course of this month so that when they come back -- when this issue comes back, the two MUSPs come back in January, we're armed with as much information as we can, relative to what's under the FP&L site. Mary Conway (Director, Capital Improvements & Transportation): And in addition -- again, Mary Conway -- we also need to do -- even if it's at a very conceptual level -- a quick analysis regarding tunnel technology, methodology, and horizontal and vertical alignment. We were waiting for the feasibility study that was going to start in February. We will regroup tomorrow and figure out, internally, what we can do -- Commissioner Winton: OK, good. Ms. Conway: -- to try to tap on some of our industry experts to at least do something at a City of MUM, Page 21 Printed on 1z11'2005 City Commission Verbatim Minutes December 9, 2004 conceptual level, as quickly as possible. Commissioner Winton: Great, great. Chairman Sanchez: All right. Commissioner Winton: And y'all need to decide if you want to put somebody on our committee. Ms. Garcia -Toledo: Absolutely. We will -- Commissioner Winton: So let -- who should she let know? Just let me staff know and we'll -- Ms. Garcia -Toledo: OK, perfect. Commissioner Winton: -- notify City staff as to who you want on that committee, and then we'll put you on the list, and you just get notified every time we have a meeting. Ms. Garcia -Toledo: Excellent. Thank you, sir. Chairman Sanchez: OK. Madam Clerk, we do have a motion and a second, correct? Priscilla A. Thompson (City Clerk): Yes, we do. Chairman Sanchez: OK. No further discussion from the Commission. Hearing no further discussion on the item, Mr. City Attorney, read PZ.4 into the record. 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. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Sanchez: Thank you. PZ.5 04-00562b 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, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE RIVERFRONT WEST PROJECT, TO BE LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET A/K/A 55, 92 AND 95 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, TO CONSTRUCT FOUR MIXED -USE STRUCTURES WITH VARYING HEIGHTS AS SET FORTH HEREIN TO BE COMPRISED OF APPROXIMATELY 1,462 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 38,728 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 203,000 SQUARE FEET OF OFFICE SPACE, AND APPROXIMATELY 1,832 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING City gfMiami Page 25 Printed on 1/11;2005 City Commission Verbatim Minutes December 9, 2004 CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00562b Fact Sheet.pdf 04-00562b Analysis.PDF 04-00562b Zoning Map.pdf 04-00562b Aerial Map.pdf 04-00562b Pre -Application Comments.PDF 04-00562b Parks & Recreation Comments.PDF 04-00562b Public Works Comments.PDF 04-00562b Miami -Dade Water & Sewer Comments.PDF 04-00562b Fire Department Comments.PDF 04-00562b Public Works Platting Letter.PDF 04-00562b UDRB Reso.PDF 04-00562b URS Letter.PDF 04-00562b Miami River Comm Comments.PDF 04-00562b School Board Comments.PDF 04-00562b PAB Reso.PDF 04-00562b Application & Supp Docs.PDF 04-00562b Plans.PDF 04-00562b Legislation.PDF 04-00562b Exhibit A.PDF 04-00562b Exhibit B.PDF 04-00562b Exhibit C.PDF REQUEST: Major Use Special Permit for the Riverfront West Project LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 and 95 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. 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. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-00562 and 04-00562a. *See supporting documentation. PURPOSE: This will allow the development of the Riverfront West Project. City ofMiami Page 26 Primed on 1'11,2005 City Commission Verbatim Minutes December 9, 2004 CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue Item PZ.5 to the Commission Meeting currently scheduled for January 27, 2005. Direction to the Administration by Commissioner Winton to investigate what technologies are available to build this tunnel and share them with the developer in order to understand what the impact would be on the buildings in the area. (Minutes for PZ 5 are located under PZ.6) PZ.6 04-01282 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 03-1235 (THE FORMER MIAMI RIVER VILLAGE), PURSUANT ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE RIVERFRONT EAST PROJECT, TO BE LOCATED AT APPROXIMATELY 300, 350 AND 400 SOUTH MIAMI AVENUE AND 15, 24, 25 AND 39 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: INCREASE THE NUMBER OF RESIDENTIAL UNITS FROM 1,304 TO APPROXIMATELY 1,424 UNITS; AND DECREASING THE NON- RESIDENTIAL USES FROM 101,157 SQUARE FEET TO APPROXIMATELY 94,794 SQUARE FEET. THE PROJECT WILL NOW CONSIST OF THREE MIXED -USE STRUCTURES VARYING IN HEIGHT AS SPECIFIED HEREIN TO BE COMPRISED OF APPROXIMATELY 1,424 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 41,994 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 52,800 SQUARE FEET OF OFFICE SPACE, AND APPROXIMATELY 1,671 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. City o/ Miami Page 27 Printed on I/1 P2005 City Commission Verbatim Minutes December 9, 2004 04-01282 Fact Sheet.pdf 04-01282 Analysis.PDF 04-01282 Zoning Map.pdf 04-01282 Aerial Map.pdf 04-01282 Pre -Application Comments.PDF 04-01282 Parks & Recreation Comments.PDF 04-01282 Public Works Comments.PDF 04-01282 Miami -Dade Water & Sewer Comments.PDF 04-01282 Fire Department Comments.PDF 04-01282 Public Works Platting Letter.PDF 04-01282 UDRB Reso.PDF 04-01282 URS Letter.PDF 04-01282 School Board Comments.PDF 04-01282 Miami River Comm Comments.PDF 04-01282 PAB Reso.PDF 04-01282 Application & Supp Docs.PDF 04-01282 Plans.PDF 04-01282 Legislation.PDF 04-01282 Exhibit A.PDF 04-01282 Exhibit B.PDF 04-01282 Exhibit C.PDF REQUEST: Major Use Special Permit Substantial Modification for the Riverfront East Project LOCATION: Approximately 300, 350 and 400 S Miami Avenue and 15, 24, 25 and 39 SW 4th Street APPLICANT(S): Neo Epoch 1 Ltd. and Douwntown River Village, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. 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. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to the Riverfront East Project. CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue Item PZ.6 to the City gfMiami Page 28 Printed on Ii11i2005 City Commission Verbatim Minutes December 9, 2004 Commission Meeting currently scheduled for January 27, 2005. Chairman Sanchez: It is my understanding PZ.5 will be deferred? Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah -- Jorge L. Fernandez (City Attorney): Well, you need to continue it to a date certain. Ms. Slazyk: Yeah, January 27. Chairman Sanchez. All right. Need a motion to -- Commissioner Winton: A motion to continue to what date? Ms. Slazyk: January 27. Commissioner Winton: Can we -- Chairman Sanchez: OK. There's a motion -- Commissioner Winton: Can we continue both items? Mr. Fernandez: Yes -- Vice Chairman Gonzalez: Second. Mr. Fernandez: -- you must continue both items. Ms. Slazyk: 5 and 6. Commissioner Winton: 5 and 6. Chairman Sanchez: OK, there's a motion to continue both items to January -- Vicky Garcia -Toledo: 27. Ms. Slazyk: 27. Chairman Sanchez: -- 27. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Ms. Garcia -Toledo: May we -- Chairman Sanchez: Second by Vice Chairman Gonzalez. Discussion. Ms. Garcia -Toledo: Can we -- Commissioner Winton: Can you what -- put it on the record. Chairman Sanchez: Please, go ahead. I'll allow you. Ms. Garcia -Toledo: Can we be first on the agenda, please? Commissioner Winton: The Chairman's making all those decisions. City of Munn; Page 29 Printed on I /II,2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: You're really pushing your luck. All right. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Both of the items have been -- Commissioner Winton: And Lourdes and Vicky, maybe Luis, 1 don't want to defer this project; don't want to slow this project down; want to get the project built. It's a fabulous project, make no mistake about it, but this tunnel is crucial, and it dawns on me -- I don't know if this is possible or not, but it seems to me there's a limited number of technologies that could be used to build this tunnel. There can't be a dozen. My guess is, there's going to be only two or three, at most, technologies that could be used to do this tunnel, and if that's factual -- don't know if it is or isn't, but let's say, for the sake of conversation, that it is -- could you all figure out what those technologies are; give that information to them; you all might be able to do some studying of the technologies to understand what impact it has on your buildings there, and think about how we can work through that, you understand? Ms. Garcia -Toledo: Absolutely. We hear you. Chairman Sanchez: All right. Thank you so much. Listen, we will be breaking at 6 p.m. for the City of Miami's Christmas Lighting Celebration, but we have an opportunity to get this agenda done, if we really continue to move forward. We're making stride here. All right. PZ.7 04-01286 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 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SOLID WASTE DROP OFF FACILITY, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED FOR THE PROPERTY LOCATED AT APPROXIMATELY 1290 NORTHWEST 20TH STREET, MIAMI, FLORIDA, ZONED "G/I GOVERNMENT AND INSTITUTIONAL," MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 04-01286 Exhibit A.PDF 04-01286 Legislation.PDF 04-01286 Fact Sheet.pdf 04-01286 ZB Reso.PDF 04-01286 Plans.PDF 04-01286 Application & Supp Docs.PDF 04-01286 Analysis.PDF 04-01286 Aerial Map.pdf 04-01286 Zoning Map.pdf REQUEST: Special Exception Requiring City Commission Approval ('ay of Miami Page 30 Printed on 1,11/2005 City Commission Verbatim Minutes December 9, 2004 LOCATION: Approximately 1290 NW 20th Street APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on November 22, 2004 by a vote of 8-0. PURPOSE: This will allow a solid waste drop off facility for the City of Miami. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-04-0799 Chairman Sanchez: We're at PZ.7. Vice Chairman Gonzalez: 7. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.7 -- Chairman Sanchez: PZ.7. Ms. Slazyk: -- is a special exception to allow Solid Waste Drop Facility. The City is the applicant. It's been recommended for approval by the Zoning Board, unanimously -- Commissioner Winton: So moved. Ms. Slazyk: -- and by Planning and Zoning. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion and a second. Before we go into discussion, is there anyone from the public wishing to address this item, please step forward and be recognized and be heard. Seeing none, hearing none, the public hearing is closed. Back to the Commission for discussion. Hearing no discussion, its a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.8 04-01128 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 PROPERTIES LOCATED AT APPROXIMATELY NORTHWEST 22ND STREET AND NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" C'iry uJMiann Page 31 Primed on 111 2005 City Commission Verbatim Minutes December 9, 2004 TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01128 Fact Sheet.pdf 04-01128 Analysis.PDF 04-01128 Land Use Map.pdf 04-01128 & 04-01128a Aerial Map.pdf 04-01128 PAB Reso.PDF 04-01128 Application & Supp Docs.PDF 04-01128 Legislation.PDF 04-01128 & 04-01128a Exhibit A.PDF 04-01128-voting conflict.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 NW 22nd Street and NW 2nd Avenue APPLICANT(S): Artists Lofts, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 22, 2004 by a vote of 8-0. See companion File ID 04-1128a. PURPOSE: This will change the above properties to General Commercial. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Abstained: 1 - Commissioner Winton 12627 Chairman Sanchez: We move on to the next item on the agenda, which is PZ8. Lourdes Slazyk (Assistant Director, Planning & Zoning): 8 and 9 are companion land use zoning change, second reading, recommended for approval by Planning Advisory Board and the Zoning Board. Chairman Sanchez: All right. Commissioner Winton: Well, wait, wait, wait, wait, wait, wait, wait, wait, wait. I've got to -- Jorge L. Fernandez (City Attorney): Yes. Commissioner Winton: I have conferred with the City Attorney. There has been a new development -- I was here at the last Commission meeting when this item came forward. CFry o/ Miana Page 32 Printed on l zt I/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: Right. Commissioner Winton: What has happened subsequent to that is that the current -- that the applicant, who I'm assuming was the owner last time, has put this property under contract from last meeting to this meeting. The representative of the new buyer is a real estate agent that works for my company, so that now puts me in a conflict of interest, so 1 got to run. Chairman Sanchez: See ya. Commissioner Allen: See ya. Commissioner Regalado: Well, what is that? What are we talking about here? Commissioner Winton: PZ (Planning & Zoning) -- which one? Lucia Dougherty: PZ.8. Ms. Slazyk: 7 and 8. Mr. Fernandez: 7 and -- Chairman Sanchez: PZ.8. Ms. Slazyk: 8. Chairman Sanchez: Is there any opposition to this item? Ms. Slazyk: 8 and 9. Chairman Sanchez: Hearing none, seeing none, Madam Director, go ahead. Ms. Slazyk: We recommend approval. Chairman Sanchez: You recommend approval? Ms. Slazyk: Yes. Chairman Sanchez: Give us your two -minute presentation on this. Ms. Dougherty: Lucia Dougherty, with offices at 1221 Brickell Avenue. We'd ask that you approve this project. Chairman Sanchez: All right. Commissioner Allen: Yes. Vice Chairman Gonzalez: Move to approve PZ.8. Chairman Sanchez: OK. There's a motion to approve PZ.8, which is an ordinance on second reading. There is a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. Further discussion. Hearing none from the City ofMiami Page 33 Printed on 1-1I.2005 City Commission Verbatim Minutes December 9, 2004 Commission, Mr. City Attorney, read the ordinance into the record. 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. Chairman Sanchez: Your presentations keep getting better and better every time. Yes. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Sanchez: Congratulations. PZ.9 04-01128a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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 AT APPROXIMATELY NORTHWEST 22ND STREET AND NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01128 & 04-01128a Exhibit A.PDF 04-01128a Fact Sheet.pdf 04-01128a Legislation.PDF 04-01128a Analysis.PDF 04-01128a Application & Supp Docs.PDF 04-01128a ZB Reso.PDF 04-01128 & 04-01128a Aerial Map.pdf 04-01128a Zoning Map.pdf 04-01128a-voting conflict.pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately NW 22nd Street and NW 2nd Avenue APPLICANT(S): Artists Lofts, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on October 18, 2004 by a vote of 9-0. See companion File ID 04-01128. C'rty q/Miami Page 34 Printed on til1/2005 City Commission Verbatim Minutes December 9, 2004 PURPOSE: This will change the above properties to C-2 Liberal Commercial. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Abstained: ] - Commissioner Winton 12628 Chairman Sanchez: PZ9 is a companion item. Lourdes Slazyk (Assistant Director, Planning & Zoning): Recommended approval. Chairman Sanchez: All right. Vice Chairman Gonzalez: Move PZ.9. Chairman Sanchez: There's a motion -- Commissioner Allen: Second. Chairman Sanchez: -- by Vice Chairman Gonzalez, second by Commissioner Allen. Before we open it up for discussion, its a second reading ordinance that requires a public hearing. Anyone from the public wishing to address this Commission, please step forward and be heard. Seeing none, hearing none, the public hearing is closed, and we bring it back to the Commission for further discussion. Hearing none, we pass it over to the City Attorney to read the ordinance into the record. Jorge L. Fernandez (City Attorney): PZ 9. The Ordinance was read by tide into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk. 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. Lucia Dougherty: Thank you very much. PZ.10 04-01102 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, ESTABLISHING AN URBAN CENTRAL BUSINESS DISTRICT PURSUANT TO SECTION 380.06(2) (e), FLORIDA STATUTES; SETTING FORTH THE BOUNDARIES OF THE URBAN CENTRAL BUSINESS DISTRICT; ESTABLISHING GUIDELINES AND STANDARDS WHICH SHALL BE APPLICABLE TO DEVELOPMENTS WITHIN THE URBAN CENTRAL BUSINESS DISTRICT; PROVIDING FOR TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN ('ny o[Miami Page 35 Printed on 1,11,2005 City Commission Verbatim Minutes December 9, 2004 EFFECTIVE DATE. 04-01102 Fact Sheet.pdf 04-01102 Analysis.PDF 04-01102 PAB Reso.PDF 04-01102 Legislation.PDF 04-01102 Exhibit A.pdf 04-01102 UCBD Justification Report.PDF 04-01102-Letter.pdf REQUEST: To Establish an Urban Central Business District APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 1, 2004 by a vote of 6-0. PURPOSE: This will designate the downtown area as an Urban Central Business District to encourage development in downtown. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12629 Chairman Sanchez: All right. We go to PZ.10, Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.10 is a second reading to adopt the -- setting the boundaries of the Urban Central Business District. This was approved on first reading October 28th. We have sent it to DCA (Department of Community Affairs). They have approved it. We've made just one little clarification between first reading and now. Because the Urban Central District boundaries are -- overlay part of our downtown DRI (Development of Regional Impact) and Southeast Overtown/Park West DRI boundaries, we wanted to make it very, very clear that properties that fall in the DRI may not opt out of their DRI. The Urban Central Business District just encompasses a little area around it. That being said, we recommend approval on second reading. Vice Chairman Gonzalez.: Move PZ.10. Commissioner Allen: Second. Chairman Sanchez: All right. There's a motion on the ordinance on second reading by Vice Chairman Gonzalez, and it was second by Commissioner Allen. It's a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, bringing it back to the Commission. Mr . City Attorney, read the ordinance into the record, Jorge L. Fernandez (City Attorney): PZ 10. The Ordinance was read by title into the public record by the City Attorney. Ciry qj Miami Page 36 Printed on lil 1,2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: All right. Madam -- Commissioner Regalado: Mr. Chairman, why would the DDA (Downtown Development Authority) not want this? Ms. Slazyk: Its not that they don't want it. They wanted it to be very clear that if a property is in the DDA's downtown DRI, that they can't opt out; that they can't not pay their DRI fees, and not abide by the DRI. They didn't want it to jeopardize their DRI, so it was a matter of adding this clarification, and when we put it into the Comprehensive Plan as goals, objectives and policies of being very clear that this is not to get you out of your downtown DRI. Commissioner Regalado: But they did vote against it. Ms. Slazyk: Well, that's when they called and asked for this modi -- this clarification, and we did put it in in response to their concerns. Commissioner Regalado: OK. Chairman Sanchez: All right. Does that answer your question, Commissioner? OK. Where were we? Priscilla A. Thompson (City Clerk): Roll call. Chairman Sanchez: Roll call. There you go. 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, 4/0. Chairman Sanchez: All right. This -- and this is a pilot program, right? You guys -- Ms. Slazyk: It's -- well, what it -- the Urban Central, it's designating -- Chairman Sanchez: I'm supportive a hundred percent -- Ms. Slazyk: Right. Chairman Sanchez: -- but I -- Ms. Slazyk: It's not a pilot; it's a designation that allows for increased thresholds for DRI for other properties around downtown that are not already covered by the DRI. Chairman Sanchez: Oh, I'm sorry, I'm sorry. PZ.11 is the one I want to get to. Ms. Slazyk: Oh, 11. Chairman Sanchez: I apologize. Ms. Slazyk: Home Occupation, yes. PZ.11 04-01179 ORDINANCE Second Reading City gtMiami Page 37 Printed on 141,2005 City Commission Verbatim Minutes December 9, 2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO HOME OCCUPATIONS BY AMENDING ARTICLE 9, SECTION 906 OF THE ZONING ORDINANCE, IN ORDER TO MODIFY THE REQUIREMENTS CONCERNING HOME OCCUPATIONS IN R-4, COMMERCIAL, AND SPECIAL DISTRICTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01179 Fact Sheet.pdf 04-01179 PAB Reso.PDF 04-01179 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 6, 2004 by a vote of 7-1. PURPOSE: This will allow for extensions to home occupations in certain districts to promote live/work. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12630 Chairman Sanchez: PZ. I I is the next item on second reading. I apologize for that. Is there a motion for that? Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion for PZ. lI. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Motion by Vice Chairman Gonzalez, second by Commissioner Regalado. Before we open it up for discussion, its a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. We bring it back to the Commission, On discussion on this item, this item is a pilot program, right? Lourdes Slazyk (Assistant Director, Planning & Zoning): What it -- it's only pilot in -- with the respect that it's only being applied to certain zoning districts. Chairman Sanchez: Exactly, but later on in the future, if it works -- Ms. Slazyk: It may be applied to more. Chairman Sanchez: -- in that area -- because I'm looking at the area 1 represent -- City of Miami Page 38 Printed on I, II-2005 City Commission Verbatim Minutes December 9, 2004 Ms. Slazyk: Yeah. Chairman Sanchez: -- which is right now experiencing a redevelopment surge, a lot of it coming from the arts and cultural aspect of it, so a lot of the artists have approached me as to, hey, if it works there, maybe it could work in our neighborhood, where we could live and work in our home, making it more viable and, of course, more reasonable for them to stay home and work. Ms. Slazyk: Right, and we're going 10 see how it works in these liner -- this is only for liner units and units that open to the ground floor. As you can understand, we don't want to do this up in tower units or you're going to turn them into commercial buildings -- Chairman Sanchez: Exactly. Ms. Slazyk: -- but for liner units and town home units, we think this is something that could work real well to activate the streets, and we'll see how it works and how else it should be applied. Chairman Sanchez: In R-Is and R-2s, right? Ms. Slazyk: No, this is for C-2 -- Chairman Sanchez: C-2s. Ms. Slazyk: -- for the SD-20 and 20.1, for the Design District, Brickell Village, and up in the Omni area. Chairman Sanchez: Could we select an area that -- and do that? Ms. Slazyk: For R-I ? Chairman Sanchez: Yeah. Ms. Slazyk: R-1, you can live and work in your own home -- Chairman Sanchez: Well -- Ms. Slazyk: -- right now, but it's only -- Chairman Sanchez: No. Ms. Slazyk: -- 25 percent. Chairman Sanchez: Yeah, but we're talking about something different. We're talking about something different here. Ms. Slazyk: All right. I'll -- well, 1'll come -- Chairman Sanchez: Which -- we'll address it. Ms. Slazyk: 1'll -- we'll address it, yes. Chairman Sanchez: This is fine. I just want to -- Ms. Slazyk: OK. Chairman Sanchez: -- you know, get more information on it. ( gtMiam, Page 39 Printed on 1 11/2005 City Commission Verbatim Minutes December 9, 2004 Ms. Slazyk: Yeah. Chairman Sanchez: OK, so on -- no further discussion on the item. It's an ordinance on second reading. Mr. City Attorney, could you read PZ 1I ? The Ordinance was read by title into the public record by the City Attorney. 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 adopted on second reading, 4/0. PZ.12 04-01180 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4 AND 9, IN ORDER TO MODIFY CONDITIONAL PRINCIPAL USES IN THE C-1 AND C-2 ZONING DISTRICTS AND TO MODIFY PROVISIONS OF SECTION 945, PHARMACEUTICAL LABORATORIES, TO BE CONSISTENT WITH SUCH CHANGES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01180 Fact Sheet.pdf 04-01180 PAB Reso.PDF 04-01180 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 6, 2004 by a vote of 7-0. PURPOSE: This will eliminate pharmaceutical laboratories from the C-1 Restricted Commercial zoning district. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12631 Chairman Sanchez: OK. PZ 11 is an ordinance on second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning) : PZ. 12. City ofMiami Page 40 Printed on 1'11.,2005 City Commission Verbatim Minutes December 9, 2004 Priscilla A. Thompson (City Clerk): No, PZ. 12. Commissioner Allen: 12. Chairman Sanchez: I'm sorry, PZ 12. Ms. Slazyk: This is on the pharmaceutical labs -- Chairman Sanchez: Yes. Ms. Slazyk: -- to eliminate them from C-1 and allow them in the C-2, and more intense in GI ( Government/Institutional). Chairman Sanchez: All right. Any opposition on this item? It's a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized and be heard. Seeing none, hearing none, the public hearing is closed. Bringing it to the Commission, is there a motion on this ordinance on second reading? Commissioner Winton: PZ.12? Vice Chairman Gonzalez: I'll move for discussion. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Allen. It is open for discussion. Hearing -- Vice Chairman Gonzalez: Lourdes, 1 just have one concern. How could this affect the University of Miami? Ms. Slazyk: They are GI, so this does not affect them. Vice Chairman Gonzalez: All right. Ms. Slazyk: If they had one in a C-1 district, all it would do is make them a nonconformity. Chairman Sanchez: All right. Any further discussion? Vice Chairman Gonzalez:: All right. Chairman Sanchez: 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, 5/0. PZ.13 04-01181 ORDINANCE Second Reading ( 'EN of Miami Page 41 Printed on 1-'11-`2005 City Commission Verbatim Minutes December 9, 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, MORE PARTICULARLY BY AMENDING SECTIONS 623 AND 625 IN ORDER TO ALLOW EXCEPTIONS TO SETBACK AND USE LIMITATIONS CONDITIONALLY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01181 Fact Sheet.pdf 04-01181 PAB Reso.PDF 04-01181 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 6, 2004 by a vote of 8-0. PURPOSE: This will allow arcades within the Coral Way and SW 8th Street special districts. Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12632 Chairman Sanchez: Moving along, PZ. 13 is an ordinance, second reading. Is there a motion? Vice Chairman Gonzalez:: Move. Chairman Sanchez: Now, Madam Director, why don't you put something on the record. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. This is in order to allow setback, exceptions, and use limitations. This is basically to promote arcades on Coral Way and Southwest 8th Street, and to allow the underlying office districts on Coral Way to let retail and restaurants open to the street, which isn't allowed today. Chairman Sanchez: All right. Is there a motion? Commissioner Allen: I make a motion to adopt. Commissioner Regalado: So move. Chairman Sanchez: There is a motion by Commissioner Allen, second by Commissioner Regalado. Before we open it for discussion, it's a public hearing, ordinance on second reading. Anyone from the public wishing to address this Commission, please step forward and be recognized Seeing none, hearing none, the public hearing is closed, bringing it back to the Commission. Any further discussion from the Commission? If not, Mr. City Attorney, read the ordinance on second reading. City of Miami Page 42 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 The Ordinance was read by title into the public record by the City Attorney. 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 adopted on second reading, 5/0. PZ.14 04-01283 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 11, SECTION 1102. NONCONFORMING LOTS, IN ORDER TO MODIFY LANGUAGE PERTAINING TO EXCEPTIONS TO THE DIVISION OF CONTIGUOUS NONCONFORMING LOTS UNDER THE SAME OWNERSHIP; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01283 Fact Sheet.pdf 04-01283 PAB Reso.PDF 04-01283 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 3, 2004 by a vote of 7-0. PURPOSE: This will modify language pertaining to exceptions to the division of contiguous nonconforming Tots under the same ownership. 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 Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: PZ. 14 is an ordinance on first reading. Madam Director. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. This is in order to modify the nonconforming lots ordinance. You remember, you've approved an amendment to that recently that says if you own two nonconforming lots -- what was happening was people were taking one house down to put two little ones up in its place, and it was changing the character of the neighborhoods. Well, an unintended consequence of that was, what if the neighborhood was -- is completely made up of smaller lots, then you're forcing to keep two together and create a house that's too big for the neighborhood, so what this ordinance does -- I think this -- we actually looked at the Coral Gables ordinance to see how they dealt with this, and their City of Miami Page J3 Printed on 1i11/2005 City Commission Verbatim Minutes December 9, 2004 language was great. 1t says that if you have -- if all the lots within 1000-foot radius of yours are the same size as yours, regardless of whether it's nonconforming or not, that that does become -- that defines the character of the neighborhood, so you should be able to build a home on that same size lot as everybody else has within 1,000 feet. Chairman Sanchez: Therefore, protecting the character of the neighborhood. Ms. Slazyk: Protecting the character of the neighborhood from too big or too small, so -- Chairman Sanchez: Is there a motion on this item? Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. Open for discussion. Before we do that, it's an ordinance on first reading. Anyone from the public wishing to address this Commission on this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. We bring it back to the Commission. No further discussion on the item. It's an item -- 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. 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. The following items shall not be considered before 2:30 pm. PZ.15 04-01177 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 02-1065, PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE SOUTH BAYSHORE TOWER PROJECT LOCATED AT APPROXIMATELY 1300 BRICKELL BAY DRIVE, 1390 BRICKELL BAY DRIVE, 183 SOUTHEAST 14TH STREET, 171 SOUTHEAST 14TH STREET, AND 180 SOUTHEAST 13TH STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: THE ADDITION OF 0.19 ACRES OF LAND WHICH IS ADJACENT TO THE APPROVED MUSP PROPERTY; INCREASED THE NUMBER OF RESIDENTIAL UNITS FROM 347 TO APPROXIMATELY 364 UNITS; DECREASED THE NUMBER OF PARKING SPACES FROM 516 TO APPROXIMATELY 501 SPACES; INCREASED THE FLOOR AREA FROM APPROXIMATELY 338,809 SQUARE FEET TO APPROXIMATELY 447,989 SQUARE FEET; AND City of Miami Page 44 Printed on 1-d112005 City Commission Verbatim Minutes December 9, 2004 APPROXIMATELY 10,000 SQUARE FEET OF RETAIL; INCREASED THE BULDING HEIGHT FROM 40 TO 47 STORIES; INCREASED THE RETAIL AREA FROM APPROXIMATELY 11,902 SQUARE FEET TO APPROXIMATELY 21,388 SQUARE FEET; REDUCTION OF THE PARKING PODIUM BY TWO FLOORS; APPROVAL OF A CLASS II SPECIAL PERMIT FOR THE REDUCTION IN SIZE OF ONE LOADING BAY FROM 12' X 55' TO 12' X 35'; EXTENSION OF THE MUSP EXPIRATION DATE TO SEPTEMBER 26, 2006; 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. 04-01177 MUSP Fact Sheet.pdf 04-01177 MUSP Analysis.PDF 04-01177 Zoning Map.pdf 04-01177 Aerial Map.pdf 04-01177 Pre -Application Comments.PDF 04-01177 UDRB Reso.PDF 04-01177 PAB Reso.pdf 04-01177 Intent Letter & Supp Docs.PDF 04-01177 Variance Fact Sheet.PDF 04-01177 Variance Analysis.PDF 04-01177 ZB Reso.PDF 04-01177 Variance Application & Supp Docs.PDF 04-01177 Plans.PDF 04-01177 Legislation.PDF 04-01177 Exhibit A.PDF 04-01177 Exhibit B.PDF 04-01177 Exhibit C.PDF REQUEST: Major Use Special Permit Substantial Modification for the South Bayshore Tower Project LOCATION: Approximately 1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th Street and 180 SE 13th Street APPLICANT(S): South Bayshore Tower, LLLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on July 21, 2004 by a vote of 3-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 6, 2004 by a vote of 8-0. ZONING BOARD: Recommended denial of a variance to City Commission on September 13, 2004 by a vote of 8-1, resulting in the withdrawal by the applicant of this request. See revised plans as part of backup. *See supporting documentation. PURPOSE: This will allow a substantial modification to the South Bayshore City ofMiami Page 45 Prinled an L/11.2005 City Commission Verbatim Minutes December 9, 2004 Tower Project. CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, 10 continue Item PZ. I5 to the Commission Meeting currently scheduled for January 27, 2005. Chairman Sanchez: PZ.15 is a resolution. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 15 is a substantial modification to the Major Use Special Permit for South Bayshore Tower Project. Commissioner Winton: Excuse me. Could we skip PZ. 15 for a couple of minutes -- I'm checking on something -- and go to another PZ (Planning & Zoning) and bring this back? Chairman Sanchez: Sure. Commissioner Winton: Can we go back to PZ.15? Go back to PZ.15. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 15. Commissioner Winton: We tabled it for -- because we didn't have some people we needed here. Vice Chairman Gonzalez: Right. Commissioner Winton: We brought it to the table, but we had to postpone it for a few minutes. Chairman Sanchez: I'm sorry? Commissioner Winton: PZ. 15. Chairman Sanchez: Oh, you're asking for a continuance. That's PZ. 15? Ms. Slazyk: Yes. Chairman Sanchez: OK. You're entitled to a continuance, absolutely. All right. There's a motion -- Adrienne Pardo: Can I -- wait, wait, wait. Can 1 know why she's asking for a continuance? 1 mean, I've spoken with -- Chairman Sanchez: Oh, she's on -- wait. I'm sorry. Ms. Pardo: It's my item. Chairman Sanchez: That's 15 on the item that we came -- we're coming back to. We went -- we didn't -- Commissioner Winton: Yeah, I thought we were going to PZ.15 and get record -- and get records on the -- Chairman Sanchez: Oh, I'm sorry. I'm sorry. Commissioner Winton: -- get facts on the record. Chairman Sanchez: Are you here on -- you're here on PZ.15. Well, PZ.15 is being heard now, City of Miami Page 46 Printed on 111'2005 City Commission Verbatim Minutes December 9, 2004 OK. Nelly Zamora: OK. Nelly Zamora, 1408 Brickell Bay Drive. I'm here as president of Pointview Association, directly south of the project in question. We appear at the Planning Advisory Board on October 6, and at that time, it was recommended by the board that the developer meet with the Pointview Association members to resolve some -- many of the issues that we have concerns about this development, and that meeting has not occurred, and for that reason, we feel that it would be best, better than us opposing the project, to continue it and give us an opportunity to resolve these issues. Chairman Sanchez: Commissioner Winton. Commissioner Winton: And I would like to weigh in on that, and I guess I will put it on the record. I think most people know anyhow. There's very few things that Nelly Zamora and 1 have agreed on since I've been elected, but this happens to be one of them, and if there's anyone who's worked very closely with developers from day one, it's the Pointview Association. They've worked with everybody very closely. In fact, they've let stuff happen that 1 was kind of -- you know, I might have not been so generous. I think they -- they've really stood up for development, fought for development, fought for the right kind of development in their neighborhood, and I would move for a continuance at this point. Chairman Sanchez: All right. There's a motion to continue -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- the item to what date? Ms. Pardo: Can I just respond? Vice Chairman Gonzalez: Second. Ms. Pardo: I have had contact. Commissioner Winton: You what? Ms. Pardo: I have -- I've spoken with them, and we did have a meeting. It was before the PAB ( Planning Advisory Board), but I would just like the opportunity to address that because it seems like -- Chairman Sanchez: You could address the -- Ms. Pardo: -- you think we've never -- Chairman Sanchez: You could address it, but there's -- the district Commissioner has requested that we continue the item. Commissioner Winton: Because I'm going to -- I'm saying right now, I'm moving to continue it before we do anything else -- Chairman Sanchez: There you go. Commissioner Winton: -- and you guys need to go back and meet with this group, and you can come back in January. Chairman Sanchez: All right. There's a motion. Is there a second, to come back -- City of Miami Page 47 Printed on I(11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: Second. Chairman Sanchez: -- in January? Ms. Slazyk: January 27th. Chairman Sanchez: January 22nd -- 27th? Ms. Zamora: 7th. Chairman Sanchez: 27 for the record. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The item has been continued. Ms. Zamora: Thank you very much. Chairman Sanchez: OK. What other item you want to -- Commissioner Winton: That was it. Ms. Pardo: Thank you. PZ.16 04-01267 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, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE LOFTS AT MAYFAIR PROJECT, TO BE LOCATED AT APPROXIMATELY 3317, 3327 & 3339 VIRGINIA STREET; 2954 & 2960 OAK STREET AND 2957 FLORIDA AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A 50-FOOT, 5-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 99 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 2,413 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 141 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. City qf Miami Page J8 Printed on I/I1'2005 City Commission Verbatim Minutes December 9, 2004 04-01267 Fact Sheet.pdf 04-01267 Analysis.PDF 04-01267 Zoning Map.pdf 04-01267 Aerial Map.pdf 04-01267 Pre -Application Comments.PDF 04-01267 Solid Waste Comments.PDF 04-01267 Public Works Comments.PDF 04-01267 Transporation Comments.PDF 04-01267 Miami -Dade Water & Sewer Comments.PDF 04-01267 Traffic Impact Comments.PDF 04-01267 UDRB Comments.PDF 04-01267 URS Comments.PDF 04-01267 School Board Comments.PDF 04-01267 PAB Reso.PDF 04-01267 Application & Supp Docs.PDF 04-01267 Plans.PDF 04-01267 Legislation.PDF 04-01267 Exhibit A.PDF 04-01267 Exhibit B.PDF 04-01267 Exhibit C.PDF 04-01267 Exhibit A Modif.pdf 04-01267 Analysis Modif.pdf REQUEST: Major Use Special Permit for the Lofts at Mayfair Project LOCATION: Approximately 3317, 3327 & 3339 Virginia Street; 2954 & 2960 Oak Street and 2957 Florida Avenue APPLICANT(S): Mayfair Lofts, LLC APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval to City Commission on June 16, 2004 by a vote of 7-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 20, 2004 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow the development of the Lofts at Mayfair 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 Allen Absent: 1 - Commissioner Regalado R-04-0800 Chairman Sanchez: PZ.16. City ofMiami Page 49 Primed on P11/2005 City Commission Verbatim Minutes December 9, 2004 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.16 is the major use for the Lofts at Mayfair project. It's been recommended for approval by the Planning and Zoning Department, approval by the Planning Advisory Board. It's in order to allow 99 multifamily residential units, with amenities; 2,413 square feet of retail and 141 parking spaces. We recommend approval, with the conditions in your package. They did a great job of lining. Their parking is underground. We recommend approval. Chairman Sanchez: All right. Commissioner Winton: And this site has -- Chairman Sanchez: Anyone in opposition from the public on this item? Vice Chairman Gonzalez: No. Commissioner Winton: 1 don't think so. Chairman Sanchez: Hold on, hold on. Ms. Slazyk: And this is one of the districts where this Home Occupation ordinance is going to be allowed, so these liner units are going to be great candidates for that. Commissioner Winton: Yes. Chairman Sanchez: Hold on. There's no opposition. The applicant, please give us your two - minute presentation. Ines Marrero: One -minute. Good afternoon. For the record, Ines Marrero, attorney with law offices at 1 Southeast 3rd Avenue, here on behalf of the applicant. I just want to clarify one thing. When we went before the PAB (Planning Advisory Board), the staff conditions included condition Ila, which related to certain units and the way they with oriented. We explained to the Planning Advisory Board why -- they wanted to help the project along, but the truth is, these units have already sold out. People love the live/work concept. In summary, the Planning Advisory Board agreed to delete condition 11 a, and we would request, with due respect, that the Commission also delete condition 1 la. Ms. Slazyk: That's fine. Ms. Marrero: And staff was supportive of that. Chairman Sanchez: OK, and of course, you're seeking approval? Ms. Marrero: Thank you. Yes. Chairman Sanchez: OK. Commissioner Winton: And I would like to say that this particular site has been the bane -- Ms. Slazyk: Yeah. Commissioner Winton: -- to the existence of everyone who's lived around it since I got elected, and we fought with the owner of that site over and over and over and over again before they bought it. I mean, it was just a disgrace. This project -- they worked with the community, it's a great project. It's going to do wonders for that corner that's kind of a dead zone, so I move -- City of Miami Page 50 Printed on 1/1 P2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: There's a motion by Commissioner Winton on PZ. 16 with his -- Commissioner Winton: -- recommendations, without the condition -- what is it? Ms. Slazyk: I 1 a. Ms. Marrero: 'A." Chairman Sanchez: OK. Ms. Marrero: Thank you. Chairman Sanchez: OK. There's -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- a motion to approve without the condition number -- Ms. Slazyk: 11 a. Chairman Sanchez: -- I la. There's a second by Vice Chairman Gonzalez. It's a public hearing? Priscilla A. Thompson (City Clerk): You did it already. You did it. Chairman Sanchez: It's a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed. The Commission -- there's no further discussion on the item. It's a resolution. All in favor, say "aye If The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Ms. Marrero: Thank you very much. Chairman Sanchez: Unanimously. All right. Thank you so much. Great presentation. PZ.17 04-00927a 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 PROPERTIES LOCATED AT APPROXIMATELY 3686-88 SOUTHWEST 15TH STREET AND 3685-87 SOUTHWEST 16TH STREET, 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. City of Miami Page 51 Printed on 1.,11 '2005 City Commission Verbatim Minutes December 9, 2004 04-00927a & 04-00927b Exhibit A.PDF 04-00927a Fact Sheet.pdf 04-00927a Analysis.PDF 04-00927a Land Use Map.pdf 04-00927a & 04-00927b Aerial Map.pdf 04-00927a PAB Reso.PDF 04-00927a Application & Supp Docs.PDF 04-00927a Legislation.PDF 04-00927a-S ubm ittal. pdf 04-00927a-submittal letter. 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 3686-88 SW 15th Street and 3685-87 SW 16th Street APPLICANT(S): Napoleon & Eumelia Alvarez, David & Irene Mermelstein and Ignacio and Odilia Rios, Owners and Strategic Properties Group, Inc., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 22, 2004 by a vote of 3-5. See companion File ID 04-00927 and 04-00927b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Urbanea Major Use Special Permit Project. Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12633 Chairman Sanchez: PZ. 16 -- 17. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.17 and 18 are companion land use and zoning change items. They are also companions to PZ 19, which is a Major Use Special Permit for the Urbanea project. The land use and zoning change, these are second readings from duplex residential to restricted commercial; was recommended for approval by the Planning Department. The Planning Advisory Board recommended denial of the land use change, but approval of the Major Use Special Permit. Chairman Sanchez: Let's pass this item until Commissioner Regalado gets back. It's in his district. Adrienne Pardo: Is there something about me today? City ,`Miami Page 52 Printed on 1/ 11-�2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: No. I'm sorry. You know, it was my fault. I should have been on top of this . You know what, leave the presentation up; maybe somebody else could just put their -- Ms. Slazyk: All right. Chairman Sanchez: You'll just -- Vice Chairman Gonzalez: All right. Let's go back to PZ.17. Commissioner Regalado is back. Ms. Slazyk: Which one are we going to? Vice Chairman Gonzalez: PZ.17. Commissioner Winton: And then we have -- Ms. Slazyk: 17, OK. Commissioner Winton: -- PZ.15 to hear also. Vice Chairman Gonzalez: We also have -- Ms. Slazyk: Yeah. Vice Chairman Gonzalez: Yeah. Ms. Slazyk: Gotcha. Commissioner Winton: Yeah. Ms. Slazyk: 17, 18, and 19 are companion items. 17 and 18 have to be taken first, which is the second reading on the land use and zoning change. These are in order to change from duplex residential to restricted commercial. It's been recommended for approval by the Planning, and it was adopted by the City Commission, first reading, on November 18, and these are in conjunction with the Urbanea Project, which is PZ.19. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody from the public -- is anybody in opposition? OK, ma'am, let me have the -- counsel do their presentation, and then you have an opportunity to address the Commission. Yes, ma'am. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of Strategic Properties, which is the owner of the subject property. With me here today is Henry Pino, Vivian Bonet, principals of Strategic Properties, as well as Reynaldo Borges, who is the architect of record on this project. The property's located on Douglas Road, between 15th and 16th Street. Before you, we have an application for a rezoning from R-2 to C- 1, which is two lots, and those two lots are located directly behind the subject property. You can see that we are being consistent with the neighborhood, in that the area that is colored in orange is designated C-1, and that will include for an even line there. We have designed a project that has residential, and it has commercial on the ground floor. Gilbert's Bakery is located on the ground floor currently, and will be -- is intending to go back into the space once the building is built. 1t will be a 100 units -- 114 units are permitted for the density. Commissioner Winton: Isn't this second reading? Ms. Pardo: It is second reading. There is one person here in opposition tonight. ('ay of Miami Page 53 Printed on I/11.2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: Oh. Ms. Pardo: I'd be more than happy if you'd like to have that person speak and then 1 can address just their concerns, because I'm not sure what their concerns are. Vice Chairman Gonzalez: All right, let's do that. Ma'am. Graselle Garrido: Good evening. Grace Garrido, 3620 -- Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner. 1 just want to make sure. I'm not sure if she was sworn in. Commissioner Winton: Oh. Vice Chairman Gonzalez: Oh. Ms. Garrido: No, I have not, ma'am. Vice Chairman Gonzalez: You need to be sworn in. Ms. Thompson: And we have people scheduled -- 1'm sorry. There's an item scheduled for PZ. 32, so do we want to swear in everyone? Commissioner Winton: Yeah, swear in everyone. Vice Chairman Gonzalez.: OK. Everybody that's going to be testifying on PZ (Planning & Zoning) items, will you please be sworn in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Vice Chairman Gonzalez: Thank you. Yes, ma'am. Ms. Garrido: Grace Garrido, 3620 Southwest 20th Street, and I'm here on behalf of the Coral Gate Homeowners' Association. 1 sent all of you an e-mail today, which is what I would like to read on the record. "The Coral Gate Homeowners' Association wishes to register the following.: 3685 87 Southwest 16th Street is one of 19 two-story duplex properties of the Englewood Plat that were constructed in 1937. This row of homes on Southwest 16th Street was done in the Art Deco style -- popular at the time -- and gives a unique look to that neighborhood. In fact, they are what give this area its identity. According to the principals of Smart Growth, these are exactly the types of buildings that are to be preserved; two, because the remainder of the block on both sides of the street is residential, this change of zoning will constitute an intrusion of an incompatible higher density use into a well-defined duplex residential area; three, MCNP ( Miami Comprehensive Neighborhood Plan) Goal LU (Land Use) 15 promotes the official use of land and minimizes land use complex, and land use policy L U 1.3. " -- excuse me -- "1.1.31 provides for the protection of all areas of the city from the encroachment of incompatible land uses. This change of zoning would be a violation of both of these policies, as stated by the Planning Department for another property seeking the same change on the same date, as this application went before the PAB (Planning Advisory Board), 1991, Northwest 27th Avenue. What is wrong with the one is wrong for both." MPC -- M -- I'm sorry. "MCNP Land Use Policy 1.1.1 provides that the new development or redevelopment that result in an increase in density or intensity of land use shall be contingent upon availability of public facilities and City qf Miami Page 54 Printed on I/11/2005 City Commission Verbatim Minutes December 9, 2004 services that meet or exceed the minimum LOS (Level of Service) standards adopted in the capital improvement element. Jackson and Ahlstedt, PE., the traffic consultant hired by Urban Air, writes in the traffic impact analysis review comment, dated August 9, 2004, that there are four possible alternatives for mitigating the impacts of the project on the intersection of Southwest 16th Street and Southwest 37th Avenue; A, channelize the project driveway to create a right turn in/right turn out configuration; B, re -stripe the east approach to the intersection of Southwest 16th Street and Southwest 37th Avenue to provide two westbound lanes and two eastbound lanes; one eastbound lane to accommodate the eastbound project traffic left turns; C, widen Southwest 16th Street adjacent to the site to accommodate the existing three westbound lanes, while adding a second eastbound lane to accommodate eastbound project traffic left turns; D, widen Southwest 16th Street adjacent to the site to accommodate the existing three westbound lanes, the existing single eastbound lane, and a traffic separator. This firm's comments recognize the negative impact that this oversized project will have on an intersection that was found to be lacking by the study done when Service Merchandise was to be constructed years ago; five, and finally, the PAB denied the change in zoning in September 2004 and requested the developer submit new or modified plans to the PAB. While the developer has every legal right to present his request before the City Commission, it would be a slap in the face to the dedicated members of this voluntary board for this Commission to ignore their reasonable request and grant this application. Given these facts, we find it objectionable and not in the best interest of the neighborhood or the City to grant the change of zoning for the historical neighborhood defining property, that is 3685/87 Southwest 16th Street. We respectfully request that the Commission support the PAB's request for a down -sized project, more in scale with the surrounding neighborhood. We certainly hope that you desire to stand by the assertions made regarding the preservation of established neighborhoods on the video regarding Miami 21 and Smart Growth, which is currently running on Channel 9, " and 1 thank you for listening. Chairman Sanchez: Thank you. Ms. Garrido: Thank you. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: All right. Anyone else? Commissioner Allen: I believe there is someone else. Madam. Chairman Sanchez: Yes, ma'am. Aida Soto: My name is Aida Soto and I own the duplex at 3624 Southwest 16th Street, and 1 don't have all the technical involvement that she has, but I really think that the traffic at that corner of 37th and 16th will be horrendous, and a huge building of 14 floors in a residential area will look awful. That's all I have to say, and I'm against the project. Chairman Sanchez: OK, ma'am. Thank you. Anyone else? Counsel, have you had an opportunity to make your presentation? Ms. Pardo: No, I haven't. I'd like to have the opportunity to address the comments that were raised just now. Chairman Sanchez: OK. Before we do that, Commissioner Regalado. Commissioner Regalado: I have a question. I am a little confused because on the first reading, no one showed up here, and we were told that the residents were in support; that they have -- that you have talked to the residents, and that they were in support, and I'm very confused. No one came here. I don't understand why no one -- there wasn't a single person here. I knew that City o/Miami Page» Printed on 1:'11:2005 City Commission Verbatim Minutes December 9, 2004 the Coral Gate neighborhood had some concerns, but it's -- we have this building on 16th Terrace that is already occupied, and my concern is, which will be the egress and all the -- on 16 th Terrace -- 1'm sorry, on 15th Street and 16th Street, is there going to be any exit and -- of vehicles? Because we are in the process of requesting -- we already request from the County a study of the corridor from l 7th to 37th Avenue, on Southwest 16th Street because we had had about 16 accidents in the last three or four months, and the reason is that the only straight street east to west and west to east, from 8th Street to U.S. 1, is Southwest 16th Street, and people use from 16th Street -- from 17 to 37 to avoid either Coral Way or Southwest 8th Street, and even U. S. 1, so 1 guess that the main concern here is the traffic, and I don't understand, if we -- are you going to exit on 16th Street or 15th Street? What's the deal with that? Ms. Pardo: The plans have only one ingress and egress for this property, and it is off of Southwest 16th Street. Chairman Sanchez: Is it off of 16th? Ms. Pardo: Yes. I'm looking at the site -- pardon? Commissioner Allen: Southwest -- Ms. Pardo: Yes, 1 would like the architect to be able to walk you through it. I was a little surprised tonight, too, because we've had many, many hearings on this, and at one of the earlier hearings with Zoning Board, one of the neighbors came out, the adjacent next door neighbor, and we met with him since then and he's in support of the project, and we have a letter from him in support, but at the Planning Advisory Board and at the other meetings, I had no idea about their list of concerns, but I'm happy to address them. I feel confident that we can address them, and this property -- the bulk of this property is currently zoned C-I. There's only the two small lots in the rear that are zoned duplex, which we are seeking to amend, and we spent a lot of time with staff and with the City and we've been before the Urban Development Review Board with their recommendation of support, as well as the Zoning Board with their recommendation of support. Yes, PAB did give a recommendation of denial, but we've spent a great deal of time with all these boards in designing this project so that it is sensitive to the neighborhood, and at the time that it was being designed, there was an issue with the City -- I'm sure you're all aware of it -- with regards to section 907.3.2 with the rear of the -- these buildings that abut R-1 or R-2 having to be a certain height, and at the time, there was confusion whether it would apply or wouldn't apply, and this project was designed so that would apply, even though it was later determined that, at that time, it didn't need to comply with that provision, but we do, so that in the rear, it's only a certain height. It's not too high. At this point in time -- Commissioner Allen: Mr. Chairman, if I could? Chairman Sanchez: Yes, sir, Commissioner Allen, you're recognized. Commissioner Allen: Yeah. Could I have you -- it seems to me you're going into your argument, but the four issues I believe that the residents brought up was the incompatibility and she also mentioned a similar project that was denied that's similarly situated to your project. I believe the address was 1999 Northwest 21st Street, and then the historical effect of the neighborhood, and the possibility of considering downsizing your project, so those four. Ms. Pardo: OK. With regards to the incompatibility of the subject property, adjacent to this property, on the north side, is an existing building, and we can -- Reynaldo, could you bring the aerials a little closer to the Commissioners so that they can see how this area is built out, and that it is zoned C-1. The property on Douglas Road is currently zoned C-I, and C-I allows for unlimited height, so we're just talking about the two lots in the rear. With regards to a similar project being denied, 1 don't know that specific project -- with regards to the similar project ('ity ofMiaini Page 56 Printed on 1,11'2005 City Commission Verbatim Minutes December 9, 2004 being denied, I'm not familiar with it, but 1 do know in other cases that Planning staff has not recommended approval for rezonings when they don't see a project. In this particular case, we have filed a MUSP with the rezoning and the comp plan amendment so that you could see the plans on file and you could see what would actually be built, and I don't know if that was the case with the other project because that's been the problem many times. This particular project, we spent a lot of time working with staff, providing liner uses, which is extremely important, providing lofts on the corners, having the retail all along the ground floor, screening the garage, not having the garage at a very high height in the rear, and I would assume that might be one of the reasons, but staff would be better to address that with regards to this other project. The historic buildings. These houses are not designated historic, and anybody has the right to go in there, you know, if they're not designated historic, to redevelop them, and the last one was the -- Commissioner Allen: Downsizing of the project. Ms. Pardo: -- downsizing of -- Commissioner Allen: Downsizing -- yeah, the possibility of downsizing the project. Ms. Pardo: Right. Downsizing the project. It's -- I mean, we have to keep in mind that it is zoned C-1 -- Commissioner Allen: Right. Ms. Pardo: -- the portion on Douglas, so they are entitled to have a 14-story building, and what we've done -- and I'm going to have Reynaldo walk you through it. This is not a big building. 1 mean, we've seen -- you -- generally, the buildings we bring before you at seem -- lately, most of the ones I've been working on, you're at 50 stories, 60 stories; this one, we're only talking about 14 stories. Commissioner Winton: I don't think 50 or 60 stories is an -- is a relevant -- Chairman Sanchez: Comparison. Commissioner Winton: -- comparison -- Ms. Pardo: You're right. Commissioner Winton: -- with Douglas Avenue. Ms. Pardo: You know what, you're absolutely right, and I take that back. Commissioner Regalado: But one thing -- Ms. Pardo: So at this point, I'm going to turn the floor over to the architect. Commissioner Regalado: Before you do, I just want to understand something because I'm very curious. The residents on 16th Street, and the lady -- not the Chairman of Coral Gate, but the lady that spoke, that she has a duplex in 16th Street. I just want to find out if she was noticed. Did you get a letter, because you are less than 500 -- you did not get a letter? Chairman Sanchez: Yes, she did. She couldn't come. Commissioner Regalado: You couldn't come to the Planning, to the Zoning, and to the first reading of the City Commission? ('ity of Miami Page 57 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Ms. Soto: No. Only one, but / didn't -- Commissioner Regalado: You only got one letter. Ms. Soto: (INAUDIBLE). Commissioner Allen: You'll have to -- Commissioner Regalado: That's the problem. Can I see it, please? Commissioner Allen: -- come forth. To the podium. Could you come forward to the podium? Chairman Sanchez: Ma'am, you need to state your name. Yeah. Ms. Soto: Yeah. Chairman Sanchez: Everything has to -- Ms. Soto: 1 also -- Chairman Sanchez: -- be properly documented -- Ms. Soto: Yeah -- Chairman Sanchez: -- as a hearing. Ms. Soto: -- right, OK. I also don't know. I received the other one, and I couldn't come. I have some personal problems and 1 couldn't come. Chairman Sanchez: OK. Ms. Soto: But this one, 1 came. I thought it was going to be too late, but I came. Chairman Sanchez: Thank you. Ms. Soto: That's all. Chairman Sanchez: All right. Commissioner Regalado: But 1 thought that we would notice the Planning Board and the Zoning Board meeting. Chairman Sanchez: They do -- Commissioner Regalado: But she only got one letter. Ms. Soto: No. Commissioner Winton: She got two. Ms. Soto: I got two. Commissioner Regalado: No. She said she got one. Ms. Soto: No. City q/Miami Page 58 Printed on 1 11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: She said she got the other one. She's holding one in her hand. Chairman Sanchez: She couldn't come. Ms. Slazyk: Notices do go out for Planning and Zoning Board. Well, let me check and see if the record show that it was sent. Chairman Sanchez: All right. On notification, yeah, verify if she was properly notified of such hearings. Other than that, why don't your architect walk us through. Ms. Pardo: Yes. Reinaldo Borges: For the record, Reinaldo Borges, with Borges and Associates. Chairman Sanchez: She got all three? The record state that she's got all three, so you did get all the proper notices. OK, ma'am. Thank you. Mr. Borges: Very good. Mr. Chairman and Commissioners, Reinaldo Borges with Borges and Associates, at 1201 Brickell. Just to reiterate what Adrienne was saying, we have gone through Internal Design Review, Urban Design Review, very effectively working with staff. From the beginning, we really looked at the context and the scale of the neighborhood as it transitions over towards this buffer zone that we see in the aerial photograph at Douglas Road. Douglas Road is sort of becoming a transition zone to the Coral Gables Central Business District that we see in this aerial photograph. We feel this building makes that transition effectively. We have, as Adrienne was noting, designed the building to comply with that particular section that required that 40 feet be the height of the pedestal, at ten feet -- at five feet, I'm sorry, from the property line. We illustrate that in this diagram here. The building fully complies with that, as it recesses itself back and steps itself back from the two-story duplexes that are on the east side of our property. We have actually met with the neighbor adjacent to us. We've talked about landscape buffers. We've had Kimley-Horn URG (Urban Resource Group) do a fantastic job with our landscape buffer in the back on the rear. We set the building further back from Douglas to create two fantastic loft liner units that are very urban. The retail comes back as liner along Douglas Road. We do have to enter our garage either from 16th Street or 15th Street . That is something that is flexible in the scheme. We did put all the retail parking on 15th Street and the residential parking on the 16th Street. The thought being that the residential traffic has less intense frequency of use than the commercial traffic that is coming to activate the retail fronting Douglas Road. We do have a simple drop-off condition along Douglas Road, very large canopy, native trees, and you know, 1 think the Urban Design Review applauded both the landscape and architectural treatment of the pedestal. You do see the photo montage here of the building montage into the neighborhood. I'm really not sure how much of this the neighbors have been able to visualize as they prepared to come to this meeting tonight. You do see the building from the street side with a relatively low four-story parking structure, the very active urban edge along Douglas Road, and what we feel is a very appropriately scaled building that starts to urbanize this part of the City of Miami, as it transitions over to the City of Coral Gables. 1 guess -- I don't want to overstate my presentation. 171 open to questions and clarifications. Ms. Pardo: Could I also add that with regards to the density on the subject property, this project would be permitted to have a total of 114 units, and they're requesting 100 units, so they didn't max it out with regards to density, as well as the floor area ratio. We have requested certain bonuses, but the affordable housing bonus, which allows an additional 25 percent square footage, which would be approximately an additional 22,000 square feet, they didn't -- they only requested a small portion of that of 4, 000 feet, so they weren't seeking to provide a project here that maxed out all of the density or all the FAR (Floor Area Ratio) that would be permitted on this particular site, but to design a project that they felt was needed within this community and to City of Miami Page 59 Printed on PI P2005 City Commission Verbatim Minutes December 9, 2004 provide housing that was also needed. Commissioner Allen: Counsel, what about the traffic impact, the ingress and egress, can you address that issue? Ms. Pardo: Yes. Commissioner Allen: And let me take a look at this. Ms. Pardo: We have our traffic consultant, Jack Ahlstedt. 1 would like to have him go through that with you, because within his plan that he -- we had submitted, we had some suggestions with regards to the traffic. He can go through that with you and to tell you what -- Commissioner Regalado: OK. The main thing is, on 16th Street, are there going to be houses, duplex in the back of the building? The alley, that alley is not a public alley. Ms. Pardo: No. Commissioner Regalado: It's a private -- Ms. Pardo: I think there's a road behind there. There's no alley that's being closed in this -- Commissioner Regalado: There is a road. Ms. Pardo: -- particular case. Commissioner Regalado: There is a road. Ms. Pardo: There may be a driveway on the property, but there's no platted road and there's no platted alley, and we're not seeking to close -- I know it's -- I think it's an eyesore back there. Commissioner Regalado: So what are we going to see on 16th Street, anyways, from the building? Mr. Borges: 16th Street, you basically -- this is the corner right here of 16 and Douglas. One of the things that the Urban Design Review Board applauded the building to really screen off and bring architectural features to what is the garage pedestal that would really not make it look like a garage pedestal. We do have the two loft units in the corner, which actually are sold. The entire project is sold, and as Adrienne was stating, the unit sizes are very comfortable units. This is really not a small unit project with a lot of density. We went in very consciously trying to be sensitive about density, not maxing it out, and also trying to provide a product that has been very well received. This is one of the few projects in the area, actually, where the buyers are end users and not investors. Chairman Sanchez: All right. Ms. Pardo: And I also have a letter from the next door neighbor. Do you want me to wait? Chairman Sanchez: Before you -- Ms. Pardo: OK Chairman Sanchez: -- present that letter, Commissioner Regalado, are you done with your questioning? City gfMiami Page 60 Printed on 1/11--2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Regalado: Yeah, I'm done. Chairman Sanchez: OK. Commission -- Vice Chairman Gonzalez, and then you need to finish or -- Vice Chairman Gonzalez: Is that the property of the shopping center? Mr. Borges: This is where Gilberts Bakery currently is. Chairman Sanchez: Yes. Vice Chairman Gonzalez: Right. Mr. Borges: Yes, and they're coming back with their bakery to this location. Chairman Sanchez: All right. Ms. Pardo: I'd just like to read this one paragraph into the letter [sic]. This is a gentleman who owns the house directly adjacent to the property on 16th in one of the du -- in one of the duplexes along there. It says, "Mr. Gonzalez resides immediately adjacent to what has been proposed as Urbanea. Currently existing at the proposed location is a deplorable shopping center, which not only creates an eyesore, but lowers the value of the surrounding property. Mr. Gonzalez has spoken to the developers regarding his concerns for this project. After fully considering their answers and all available information regarding this project, Mr. Gonzalez believes that Urbanea is not only in his best interest, but in the best interest of the community." 1'd just like to submit this. At this point in time, I'll have Mr. Ahlstedt address the traffic. Chairman Sanchez: OK. Before we do that, what's the buffer between the building and the closest property? How much of a distance? Mr. Borges: We have -- Commissioner Winton: Property on the west. Commissioner Regalado: No, the property on the east. Mr. Borges: There's a 10 foot setback -- Commissioner Winton: Oh, yeah, that's right, to the east, yeah. Mr. Borges: -- to the parking pedestal itself. Chairman Sanchez: Well, I just want to know how far of a distance and what's the buffer going to be. Mr. Borges: OK. Show you the landscape site plan. Mr. Chairman, one of the things that we have done is that we actually cut these recesses into the parking garage that further increases the buffer zone by 18 feet. We have the full required setback, plus an additional five feet, so we've exceeded the rear setback of the pedestal by a full five feet, and then we've been very careful to really bring very lush tropical landscape that appropriately creates a transition to the garage pedestal with palm treats, shade trees, different native planting materials, and this is the illustration of that area. Chairman Sanchez: OK. From your building to the other adjacent property, what's the distance? ('ity of'Miami Page 61 Printed on 1i11.%2005 City Commission Verbatim Minutes December 9, 2004 Mr. Borges: The adjacent is setback, I would think, about ten feet, so there is approximately 20 feet at this edge, and an additional 18 feet, 38 feet on these recessed areas here. Chairman Sanchez: OK. Commissioner Winton: But they don't count. What's the principle setback there, distance? Mr. Borges: Ten feet. Ten and possibly another ten to the duplex adjacent to us, so there's about 20 feet to the duplex property adjacent to us on the east side. Ms. Pardo: And five feet's required. They've doubled it. Chairman Sanchez: All right. Commissioner Regalado: OK. I'll move to approve on second reading. Chairman Sanchez: All right. There's a motion to approve on second reading by Commissioner Regalado. We need a second. Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Discussion, now that the public hearing is closed. Any discussion. Hearing no discussion, it is an ordinance on second reading. Madam Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the Assistant 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 adopted on second reading, 5/0. PZ.18 04-00927b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 40, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 " TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3686-88 SOUTHWEST 15TH STREET AND 3685-87 SOUTHWEST 16TH 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 62 Printed on 1'1 t,'2005 City Commission Verbatim Minutes December 9, 2004 04-00927a & 04-00927b Exhibit A.PDF 04-00927b Fact Sheet.pdf 04-00927b ZB Reso.PDF 04-00927a & 04-00927b Aerial Map.pdf 04-00927b Zoning Map.pdf 04-00927b Legislation.PDF 04-00927b Analysis.PDF 04-00927b Application & Supp Docs.PDF REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3686-88 SW 15th Street and 3685-87 SW 16th Street APPLICANT(S): Napoleon & Eumelia Alvarez, David & Irene Mermelstein and Ignacio and Odilia Rios, Owners and Strategic Properties Group, Inc., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 26, 2004 by a vote of 9-0. See companion File ID 04-00927 and 04-00927a. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Urbanea Major Use Special Permit Project. Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen 12634 Direction to the Administration by Commissioner Winton to develop a plan to eliminate bonuses along primary corridors to aim toward the lowest density possible along these corridors where abutting residential areas lie. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 18 -- Commissioner Winton: Now -- Ms. Slazyk: -- is the companion. Chairman Sanchez: PZ.18 is a companion on second reading. Is there a motion? Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by Commissioner Regalado. Is there a second? ( of Miami Page 63 Printed on 1i11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Allen: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It's open for discussion. Vice Chairman Gonzalez: By Chairman -- by Commissioner Allen. Chairman Sanchez: Commissioner Allen, you're recognized for discussion on the item. Commissioner Allen: Oh, no, 1 just second. Vice Chairman Gonzalez: He second it. Chairman Sanchez: Oh, I'm sorry. Commissioner Allen: Second. Chairman Sanchez: For the record, Commissioner Allen second it. Commissioner Winton: May I make a quick comment to staff on these corridors? We need to do something quickly to eliminate all bonuses on all of these primary corridors where we're creating the kind of density that, as far as I'm concerned, makes no sense, and I think these guys have done a heck of a job in designing a project that can look as good as you can get it to look in that neighborhood, so I don't have a -- they've done a good -- as good a job as they can do here to do everything they can to mitigate this kind of project and its influence on the neighborhood, but the fact of the matter is is that -- on these corridors where you're up against R-1 and R-2, there should be no bonuses, period. We should cre -- we should be striving to get the lowest density we can get along these corridors, not the highest density, the lowest density, and I'll guarantee you, in a lot of other areas in this City and other cities, this project would meet with huge opposition because the fact of the matter is, when you take the picture from Coral Gables that looks like it's in scale because you're in that really commercial corridor of Coral Gables, but if you take the picture coming back this way from the east, you're right up against R-2 homes, and you've got this giant thing that just pops up there right behind your R-2 home. It doesn't make planning sense. I've said this a hundred times. I'm not sure 1 understand why we're not working as fast as we can to create minimum density along these corridors that abut residential - - R-1 and R-2 properties. Chairman Sanchez: All right. Commissioner Winton: And if we get that done, the neighbors aren't going to be here every night battling with the developers that are spending all their hard-earned money with rules and regulations that we have already approved, and so we're creating our own mess. No, we didn't create it; it was created for us. We're having to deal with it. The faster we can change the system so that the developers know what's allowed -- Ms. Slazyk: Um-hmm. Commissioner Winton: -- and we don't stick it to them after we get here and they don't stick it to the neighbors that don't know what's coming, you know, the happier everybody's going to be, and the less we have to sit here and make awful decisions, Solomonic decisions, where we cut the baby in half I mean, it's -- I'm tired of it. Chairman Sanchez: All right. Well, we have to vote on PZ.18. Commissioner Winton: I know. (pity ofMiami Page 64 Printed on Ull/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: All right. There's a motion and a second on the record. The public hearing is opened. Seeing no one coming forward to speak on the item, it is closed, so therefore, no further discussion on the Commission. Madam Attorney, read the ordinance on second reading, PZ.18. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Sanchez: All right. Madam Clerk. 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.19 04-00927 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 URBANEA PROJECT, TO BE LOCATED AT APPROXIMATELY 1501-21 SOUTHWEST 37TH AVENUE, 3686-88 SOUTHWEST 15TH STREET, AND 3685-87 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 150-FOOT, 14-STORY HIGH MIXED - USE STRUCTURE CONSISTING OF APPROXIMATELY 100 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 6,500 SQ. FT. OF RETAIL, AND APPROXIMATELY 197 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. 04-00927 Exhibit A.PDF 04-00927 Exhibit B.PDF 04-00927 Exhibit C.PDF 04-00927 Legislation.PDF 04-00927 Plans.PDF 04-00927 Variance Application.PDF 04-00927 ZB Reso.PDF 04-00927 Variance Analysis.PDF 04-00927 Variance Fact Sheet.PDF 04-00927 MUSP Application & Supp Docs.PDF 04-00927 PAB Reso.PDF 04-00927 School Board Comments.PDF 04-00927 URS Letter.PDF 04-00927 Response to Traffic Impact Review.PDF 04-00927 UDRB Reso.PDF 04-00927 Pre -Application Comments.PDF 04-00927 MUPS Analysis.PDF 04-00927 MUSP Fact Sheet.pdf 04-00927 Aerial Map.pdf 04-00927 Zoning Map.pdf City ofMia,w Page 65 Printed on 1:'ll z2005 City Commission Verbatim Minutes December 9, 2004 REQUEST: Major Use Special Permit for the Urbanea Project LOCATION: Approximately 1501-21 SW 37th Avenue, 3686-88 SW 15th Street, and 3685-87 SW 16th Street APPLICANT(S): Napoleon & Eumelia Alvarez, David & Irene Mermelstein and Ignacio & Odilia Rios, Owners and Strategic Properties, Group, Inc., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval to City Commission on May 19, 2004 by a vote of 4-1. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 22, 2004 by a vote of 7-1. ZONING BOARD: Recommended approval of variances to City Commission on July 26, 2004 by a vote of 9-0. See companion File ID 04-00927a and 04- 00927b. *See supporting documentation. PURPOSE: This will allow the development of the Urbanea Project. 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 Absent: 1 - Commissioner Allen R-04-0804 Chairman Sanchez: All right, PZ. 19 is also a companion? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 19 is the actual Major Use Special Permit. Chairman Sanchez: All righty, then. Ms. Slazyk: This is to allow mixed -used structure to be comprised of 100 multifamily units, 6, 500 square feet of retail, 197 total parking spaces; recommended for approval with conditions by the Planning Department, approval with conditions by the Planning Advisory Board, the condition being, you know, that the -- that one property be removed, the R-2 lot that they were seeking to rezone. It was also recommended for approval by the Zoning Board. Chairman Sanchez: All right. Is there a motion? It's a resolution. Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: Second City of Miami Page 66 Printed on 1i11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: -- Commissioner Regalado, second by Vice Chairman Gonzalez. Open for 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." Motion carries unanimously. Adrienne Pardo: Thank you very much. PZ.20 04-01284 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF APPROXIMATELY NORTHEAST 1ST COURT FROM NORTHEAST 31ST STREET TO 135 FEET SOUTH OF NORTHEAST 30TH STREET, NORTHEAST 30TH STREET FROM NORTHEAST 1ST COURT TO NORTHEAST 2ND AVENUE AND NORTHEAST 31ST STREET FROM NORTHEAST 2ND AVENUE TO THE FLORIDA EAST COAST RAILWAY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) THE PROPOSED SITE DEVELOPMENT SHALL INCLUDE A MINIMUM OF FIFTEEN PERCENT OF OPEN SPACE AND 2) THE APPLICANT SHALL DEDICATE AN EASEMENT MUTUALLY ACCEPTABLE TO THE APPLICANT AND THE CITY OF MIAMI PLANNING AND ZONING DEPARTMENT TO ACCOMMODATE A STREETCAR STOP AND PUBLIC ACCESS BETWEEN NORTHEAST 2ND AVENUE AND THE FLORIDA EAST COAST CORRIDOR IN SUBSTANTIAL CONFORMANCE WITH SECTION 55-1(c)(2) OF THE SUBDIVISION REGULATIONS. 04-01284 Exhibit A.PDF 04-01284 Legislation.PDF 04-01284 Fact Sheet.pdf 04-01284 Application & Supp Docs.PDF 04-01284 ZB Reso.PDF 04-01284 Public Works Letter.PDF 04-01284 Public Works Analysis.PDF 04-01284 P&Z Analysis.PDF 04-01284 Aerial Map.pdf 04-01284 Zoning Map.pdf REQUEST: Official Vacation and Closure of a Public Right of Way LOCATION: Approximately NE 1st Court from NE 31 st Street to 135 Feet South of NE 30th Street, NE 30th Street from NE 1st Court to NE 2nd Avenue and NE 31st Street from NE 2nd Avenue to the Florida East Coast Railway APPLICANT(S): Biscayne Venture, LLC and Casam 3110, LLC APPLICANT(S) AGENT: Gary Reshefsky, Esquire City gfMiami Page 67 Primed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions PLAT & STREET COMMITTEE: Recommended approval with conditions* on October 7, 2004 by a vote of 6-0. ZONING BOARD: Recommended approval with conditions* to City Commission on November 8, 2004 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow a unified commercial development site. 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 Allen Absent: 1 - Commissioner Regalado R-04-0801 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.20, then. Chairman Sanchez: OK. Ms. Slazyk: We'll go to 20? Chairman Sanchez: Yeah. Ms. Slazyk: PZ.20 is an official vacation and closure of a public right-of-way. Chairman Sanchez: Sorry about that. Adrienne Pardo: Is he coming back? Chairman Sanchez: Yeah, he's coming back, but I'm sorry. PZ.20. Ms. Slazyk: This is an official vacation and closure of the public right-of-way. It's between Northeast 1st Court from Northeast 31 st Street to 30th Street, from Northeast 1st Court to Northeast 2nd Avenue, and Northeast 31st Street from Northeast 2nd Avenue to the Florida Eastcoast Railway. This is the streets that are -- would make up the rest of that square of the Midtown project. Commissioner Winton: So -- Ms. Slazyk: We had -- Commissioner Winton: So moved. Ms. Slazyk: -- recommended approval with conditions, which you don't see too much on street closures, but these were very important. At the Plat and Street Committee, these came out. Number one, that the proposed site development shall include a minimum of 15 percent of open space, so as they be -- you know, consolidating these -- this much land, there's got to be a certain amount of open space. We wanted to make sure it was provided in whatever plans go forward, and the applicant -- City ofMiami Page 68 Printed on 1;11.2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: Applicant, you're OK with that? Ms. Slazyk: -- shall -- Gary Reshefsky: We proffered those, sir. Chairman Sanchez: OK. Ms. Slazyk: Yeah, they proffered them, and we're putting them in as conditions. Chairman Sanchez: This has every review body's recommendation for approval, OK. All right. There's a motion by Commissioner Winton. Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Sanchez: Is there a second? Commissioner Regalado: Second. Ms. Thompson: I'm sorry, Commissioner. Because we record, we didn't get a name, so -- Ms. Slazyk: Oh. Ms. Thompson: We need to make sure that name is on the record. Chairman Sanchez: Please, state your name for the record. Mr. Reshefsky: Mr. Chairman, members of Commission, Gary Reshefsky, 2951 South Bayshore Drive. Ms. Thompson: Thank you. Chairman Sanchez: And you're seeking approval? Mr. Reshefsky: Yes, sir. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez -- Commissioner Winton: Well, wait a minute. But who -- it's Gary Rashefsky. Didn't he used to work for me? I can't be supporting this anymore. Chairman Sanchez: It's -- Commissioner Winton: He left my office -- Chairman Sanchez: Did it pass two years already? Chairman Sanchez: -- to go make all the big bucks, you know what I mean? Mr. Reshefsky: Over two to four -- two years ago. Chairman Sanchez: Two years ago. Mr. Reshefsky: Four years ago. City of Miami Page 69 Printed on 1q P2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: I'll never forget. Chairman Sanchez: Oh, he's OK. All right. There's a motion -- Mr. Reshefsky: And he was politician of the year. Chairman Sanchez: -- and a second. There's a motion and a second. Discussion. Hearing no 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." Motion carries unanimously. Thank you so much, Gary. Mr. Reshefsky: Thank you very much. Chairman Sanchez: Good to see you back at City Hall. PZ.21 04-01287 RESOLUTION A RESOLUTION, WITH ATTACHMENT(S), ADOPTING THE PROPOSED 2005 EVALUATION AND APPRAISAL REPORT (EAR) OF.THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES AND CHAPTER 9J-5 FLORIDA ADMINISTRATIVE CODE; DIRECTING TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. 04-01287 Exhibit A.pdf 04-01287 PAB Reso.PDF 04-01287 DRAFT Evalulation & Appraisal Report.pdf 04-01287 Legislation - DRAFT.PDF 04-01287 Analysis.PDF 04-01287 Fact Sheet.pdf 04-01287-submittal-PAB recomendations.pdf 04-01287-submittal-letter. pdf 04-01287-submittal-response to EAR.pdf REQUEST: To Adopt the Evaluation and Appraisal Report (EAR) APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on December 1 , 2004. PURPOSE: This will adopt the Evaluation and Appraisal Report (EAR) of the Miami Comprehensive Neighborhood Plan. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Cily ojMmmi Page 70 Primed on 1 11/2005 City Commission Verbatim Minutes December 9, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez R-04-0806 Chairman Sanchez: PZ.21. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.21 is consideration of adopting the Evaluation and Appraisal Report of the Miami Comprehensive Neighborhood Plan, and we have Kevin Provance from our office to present this. Chairman Sanchez: Kevin. Kevin Provance (Land Development Planner, Planning & Zoning): Yes. Chairman Sanchez: Good to see you. State your name for the record -- Mr. Provance: Appreciate it. Chairman Sanchez: -- and give us your presentation. Mr. Provance: Yes. Kevin Provance, Planning and Zoning Department, Land Development Planner. Before you, you do have the 2005 Evaluation and Appraisal Report of the Miami Neighborhood Comprehensive Plan. Every seven years, the Department of Community Affairs mandates that each municipality in the State of Florida evaluate and appraise their Comprehensive Plan accordingly, to make a determination of whether or not we're meeting our goals, objectives, and policies. Before you, that Harold Ruck is handing out is the conditions from the Planning Advisory Board from December 1st, with regards to their conditions. If you would like, we could go through them. We are -- we concur with all of them -- there are 14 -- except for condition 12, and at your discretion, we can go through them, if you would like. Commissioner Winton: No. Chairman Sanchez: Well, not really. All right. Is there a motion to approve the PAB (Planning Advisory Board) recommendation? Commissioner Winton: Well -- now, staff is suggesting that we approve PAB recommendations, with the exception of condition 12 -- Chairman Sanchez: Condition 12. Commissioner Winton:: -- is that correct? Mr. Provance: That's correct. Commissioner Winton: And could you tell us, so we understand this issue, why you're not recommending condition number 12? Mr. Provance: Commissioner, staff is not recommending condition 12 -- they're not concurring with that because the language states about the Urban Infill Plan that has not been adopted by this board, and therefore, they're verifying that 27th Avenue is the boundary between the middle river and the upper river, according to the 1992 Miami River Master Plan -- Commissioner Winton: OK, got it. Mr. Provance: -- that has been adopted. City afMiami Page 71 Printed on I'11, 2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: But the Urban Infill Plan has not been adopted? Mr. Provance: That is correct. Vice Chairman Gonzalez: I'll move to approve the recommendation of the Planning and Zoning, with the exception of condition 12. Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: OK. This -- it's OK. Mr. Provance: Also, too, just a quick change. Chairman Sanchez: Wait. For the record -- Mr. Provance: Excuse me. Chairman Sanchez: -- there's a motion to approve by Vice Chairman Gonzalez, and there's been second by Commissioner Allen. It is open for discussion, but before we discuss it, I believe there's some guests that would like to speak on the item, and of course, we'll allow them some time to address the Commission. Please state your name and address for the record. Brett Bibeau: Thank you, honorable Chairman, honorable City Commission. Brett Bibeau, Managing Director of the Miami River Commission, with offices located at 4600 Rickenbacker Causeway, here to provide the Miami River Commission's official recommendation pursuant to City Resolution 00-320. On December 6, 2004, Kevin Provance, with the Planning Department, presented the draft EAR (Evaluation Appraisal Report) to the River Commission, and the River Commission unanimously recommended approval of the draft EAR, subject to the following conditions: For starters, we concur with all of the Planning Advisory Board conditions, and the following three conditions, in addition to the Planning Advisory Board's, are recommended respectfully by the Miami River Commission. Number I, the draft EAR on page 197, we agree that the footnote for the Port of Miami River needs revision, but we concur with U.S. Coast Guard Captain Jim Watson's written request to the Planning Department that the footnote be deleted, rather than amended. Chairman Sanchez: It be deleted rather than amended? Mr. Bibeau: Correct. Everyone's in agreement that it is inaccurate in its current state, and even creating a new footnote could potentially, quickly be out-of-date once again. Chairman Sanchez: All right. Well, somebody needs to answer -- Commissioner Winton.: Yeah. Chairman Sanchez: -- your concern. Commissioner Winton: I have no idea what you're talking about. Chairman Sanchez: Yeah, 1 want to see what the City has to say about that. Mr. Provance: The City's position is that we do not concur with the Miami River Commission. We're asking for a clarification of its accuracy. We're not asking for deletion. If they're asking - City of Miami Page 72 Printed on I'71i2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: But when you say that, you're referring to the Urban Infill Plan. Mr. Provance: No. We're referring to the footnote in the Comprehensive Plan that -- Chairman Sanchez: Oh. Mr. Provance: -- identifies the definition of the Port of Miami River. Chairman Sanchez: OK. Mr. Provance: So, what we're saying is, we're asking for clarification for accuracy, not deletion. That could mean, in the future, when we sit down and have dialogue, either we're going to -- we could delete the footnote or we could further clarify it to value what the actual Port of Miami River is. Right now, we believe that deletion will actually be a hindrance to the Miami River because once it's deleted, you can't get it back. Commissioner Winton: OK. Chairman Sanchez: All right. Commissioner Winton: Next. Chairman Sanchez: Brettt. Mr. Bibeau: Number 2, draft EAR page 197 seeks to amend existing comp. plan policy PA3.1.1. The existing policy seeks to encourage water-related/water-dependent uses along the entire Miami River, but the recommendation is to revise that to only encourage water-dependent/water- related uses to the west of 27th Avenue. The Miami River Commission recommends no revision to the existing language so that we can encourage water-dependent/water-related uses, such as water taxis in the lower and middle river. Currently, your language would allow that. The recommendation would not allow us to encourage water-related/water-dependent uses, such as water taxis, recreational boat tie-ups along the river walk, and other water-dependent/water- related uses to the east of 27th Avenue, if the current language is not revised. Chairman Sanchez: All right. What -- Mr. Bibeau: So we recommend no change to 3.1.1, so that we can continue to encourage water taxis in the lower river. Commissioner Allen: So that's a compromise? Chairman Sanchez: No. There's -- Mr. Provance: Well, staff did not concur with that because what staff is saying is, we're encouraging the water-related/water-dependent in the upper river that doesn't exist today, so we're encouraging it more, but we're not prohibiting the lower or the middle river, so let's encourage the upper river to do so. Commissioner Allen: OK. Mr. Provance: That's what that means. Chairman Sanchez: All right. What's -- City of Miami Page 73 Printed on U11/2005 City Commission Verbatim Minutes December 9, 2004 Mr. Provance: It's not going to prohibit the lower or the middle river. Mr. Bibeau: We need to encourage water taxis to bring them to the City of Miami, and our current language allows us to do that. Commissioner Winton: I'm confused. What are you saying, staff? Mr. Provance: What we're saying is, is that in the upper river, the current water-related/water uses are not as incurred -- they're not encouraged. We're asking to encourage them in the upper river, but we're not prohibiting the lower or middle river from doing so because it already exists. Commissioner Allen: Right. Mr. Provance: So, therefore -- Commissioner Allen: So all you need to do is say you're just encouraging -- extending it. Yeah. Mr. Provance: We're going to extend it to the upper river. Commissioner Allen: Right, because it makes it sound like it's an oxymoron to -- Mr. Provance: Well --1 mean -- and obviously, what he's saying, the whole entire river is being affected, but what we're saying, we just want to encourage the upper river. We're not prohibiting the lower or the middle. Commissioner Allen: So we are in agreement? Chairman Sanchez: Well, we could learn to disagree all we want here. Commissioner Allen: But aren't we in agreement? Mr. Provance: I mean, it opens for dialogue to continue. That's what the recommendation does. Further dialogue will allow that to happen. Therefore, when we sit down with the appropriate agencies, we can actually sit down when we draw out these EAR -based amendments and come up with the specific language. Commissioner Allen: 1 see. Mr. Bibeau: But we're in agreement with the existing comp. plan language and we're not in agreement with the proposed revision to eliminate encouraging water-dependent/water-related uses in the lower and middle rivers, and now change that to only encourage those uses west of 27th Avenue. Commissioner Winton: And so 1 am confused. Chairman Sanchez: Brettt -- Commissioner Winton: So why wouldn't we agree to do what they're say -- what he's saying is that, specifically state, we're encouraging it on lower river, middle river and upper river. Commissioner Allen: Right. Mr. Bibeau: Existing language. City gfMiami Page 71 Printed on 1%11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Allen: And you're not prohibiting it, so -- Commissioner Winton: I don't get -- Commissioner Allen: -- you're saying the same thing. Commissioner Winton: -- why we can't do that. Mr. Provance: We could -- what we're trying to do is, we're trying to emphasize the upper river because the lower and middle river already exists, and they're already operating that. Commissioner Allen: OK. Mr. Bibeau: We're not operating water taxis in the lower and middle river. Mr. Provance: Well, it says water -- it says water-dependent/water-related, and it doesn't specify exactly what the water-related/water-dependent is, but it opens the door for all those water taxis, water busses, et cetera; that it's all open to do such. Commissioner Winton: But why wouldn't you specifically state it, if you're encouraging it already on the lower river and middle river? What is the problem in saying that we're still encouraging it, and we're simply adding the upper river to that? Commissioner Allen: Right, as opposed to using language -- Commissioner Winton: I'm confused. Commissioner Allen: -- prohibiting it. Mr. Provance: Well, we were just trying to put the emphasis in the upper river, as well, so they wouldn't be neglected. Commissioner Winton: But when you put it only on the upper river, you take it away from the lower and the middle. I mean, that's the net effect. Mr. Provance: Makes sense, Commissioner. Commissioner Winton: I mean -- Mr. Provance: I mean, we -- what we could do is -- Commissioner Winton: Seems like you guys are kind of -- Mr. Provance: -- just encourage -- Commissioner Winton: -- doing the little doggy at each other, you know what 1 mean? Commissioner Allen: So we are in agreement. Commissioner Winton: OK. Mr. Bibeau: So, essentially, on that number two, before I go to my third and final point is just -- Lucia Dougherty: Can I just say one thing on that one issue, as to -- City of Miami Page 75 Printed on 1/ 11/2005 City Commission Verbatim Minutes December 9, 2004 Mr. Bibeau: -- not to amend 3.1.1. Ms. Dougherty: -- why the City may want to not put that in the middle river and the lower river? Because when we have had -- Commissioner Winton: Well, why -- Ms. Dougherty: -- lawsuits regarding residential, the people on the other side have said that it's against their comp. plan because we are encouraging water -dependent and water -dependent uses, and residential is not a water -dependent use. That's the problem with saying it in the middle river and the lower river, because it's used against us in our lawsuits, when you've approved residential on the river because its not water -dependent. Commissioner Allen: I see, so it's a condition. Commissioner Winton: Oh. Chairman Sanchez: Look, let's -- Mr. Bibeau: But a residential use could still have a water -dependent -- Chairman Sanchez: Brettt -- Mr. Bibeau: -- water -related frontage -- Chairman Sanchez: Brettt, listen. Mr. Bibeau: -- like a water taxi. Chairman Sanchez: Look, this -- you know, somewhere along the way, we're going to have to meet at the 50 yard line and try to find an agreement on this, but we cannot have this between the Miami River Commission and the City as to not -- always bumping heads. I mean, we -- this is not good for the City, nor the Miami River Commission, for us to be here in a public advertised Net-9 and seeing this display of you know, animosity against each other. It just boils down to that. Just disagreement on -- we realize that the river is a historical river and a working river, and sooner or later, we're just going to have to sit down and start compromising on some issues because we can't continue this path. Commissioner Winton: But I -- let me speak to the lower river only, because that's in my district, and I heard what Lucia said, but 1 also can tell you that 1 would do everything in my power to encourage water taxis and those kinds of things in the lower river, and I want to say that. I don't want it to be left to somebody's imagination, and I'm sorry that some of these attorneys are figuring out ways to twist that, but I want you guys to figure out how we don't allow the twisting, but still encourage what we want to encourage, and so -- and by the way, on the lower river, there's no battleground anyhow. Vice Chairman Gonzalez: Right, that -- Commissioner Winton: There's no battleground on the lower river; it's only on the middle river. Vice Chairman Gonzalez.: Mr. Chairman. Commissioner Winton: Yes. Chairman Sanchez: Yes, sir. City al Miami Page 76 Printed on 1,11/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez:: Yeah. The -- Commissioner Winton just, you know, hit it right on the nail. There is no controversy on the south river, OK. There is no problem on the -- Chairman Sanchez: On the middle. Vice Chairman Gonzalez: -- middle -- on what they call the middle river. The problem is in the upper river. The upper river -- and that's where -- Commissioner Winton: Oh. Vice Chairman Gonzalez: -- the conflict has been. The upper river -- Commissioner Winton: It's the upper river. Vice Chairman Gonzalez: -- happens to be in my district in Allapattah, OK. Commissioner Winton: And that's where the battleground is. That's right. Vice Chairman Gonzalez: I have -- and 1 have said it a thousand times. I don't have any problems with commercial -- industrial or commercial marine industry to come into the river and do business. With what I have a serious problem -- and I will always have a problem -- is with a piece of land sitting for 20 years, 25 years not being developed; nobody, you know, doing anything with it, and not being producing, and that is a problem, and yeah, 1 agree with the water taxi because you know what? And the water taxi should be in the lower river, in the middle river, and in the upper river. Commissioner Winton: Yeah. Vice Chairman Gonzalez: You know why? Because eventually, we're going to have some residential buildings all along the river, up to 27th Avenue, and yeah, it will be great to have water taxi, and it will be great to have that type of transportation on the river -- on the Miami River, then maybe people won't have to take their cars to go to work downtown and to go to -- to do -- buy -- you know, purchase in downtown, so why should we exclude the upper river from the water taxi? Commissioner Winton: Exactly. Now -- and you know, maybe what -- is this time sensitive? Mr. Provance: This is time sensitive. Mr. Bibeau: Yes, it is. Commissioner Winton: We're under a deadline with the State? Mr. Provance: We're under the deadline with the State. Our compliancy date is March 2000 -- March 1, 2005. What we have to do is, we have to make sure it gets the DCA (Department of Community Affairs) for their review so they can deem it as to whether it's sufficient or insufficient . The whole issue is to make sure it's submitted at a certain time, so they have that 30- to 60-day review. Commissioner Winton: Well, then, I would suggest you guys go into a huddle right now and figure out how you're going to solve this problem that we're all focused on here, so that we can pass a document, because what I don't like is you just dumped a problem in the middle of our lap and we don't understand the -- you know, these differences. We're not quite clear. I mean, we're clear on what we want. I don't know how you guys make that happen, so y'all need to figure that City of Miami Page 77 Printed on 1.111(2005 City Commission Verbatim Minutes December 9, 2004 out, and I'm not sure that what you have on the table has that answered appropriately. Mr. Provance: Commissioner, we can definitely table this and work this out. Chairman Sanchez: Well, before -- Vice Chairman Gonzalez: If you allow me. Chairman Sanchez: -- we go any further -- Vice Chairman Gonzalez: If you allow me. The only condition -- you know, 1 made a motion to approve the recommendation of the Planning Advisory Board, with the exception of condition 12 , and condition 12 is the condition that limits the development of the Miami River from 22nd Avenue to 27th Avenue, the area that has been more abandoned on the entire Miami River, and it happens to be in my district, OK, and it's very clear. It says the -- change the language in the ERA document that references the boundary of the upper river -- Commissioner Winton: 1 don't -- Vice Chairman Gonzalez: -- to be consistent with the Miami River Corridor Urban Infill Plan, definition of the upper river as west of 27th Avenue -- Commissioner Winton: Angel, I don't think -- Vice Chairman Gonzalez:: -- of 22nd Avenue. Commissioner Winton: -- any of us are arguing on this point. Vice Chairman Gonzalez.. Right. Commissioner Winton: 1 think we're all on the same wavelength. Vice Chairman Gonzalez: You know, 1 mean -- Commissioner Winton: The issue here is about water -related uses that they need to get clearer answers to us on. Vice Chairman Gonzalez: Right. Commissioner Winton: We're all in agreement on condition 12. Vice Chairman Gonzalez: Exactly. Commissioner Winton: But -- Vice Chairman Gonzalez: You know -- Commissioner Winton: -- this issue on water taxi stuff is an issue that I'm not satisfied with because I don't want it discouraged in the lower river. Chairman Sanchez: Look, but we could --1 think we can agree on water taxis on all three, the lower, middle, and upper. We could agree on that. That's -- that could be taken care of Vice Chairman Gonzalez: Definitely. City of Miami Page 78 Printed on 1i11 2005 City Commission Verbatim Minutes December 9, 2004 Ms. Slazyk: Right. Chairman Sanchez: What are the other concerns, Brett, that you have? You just went through two conditions that you have -- apparently, not you, but the Miami River Commission has concerns over. What are the rest? You have more? Mr. Bibeau: I think we're almost there, and for starters there's absolutely no animosity whatsoever. We're just here to provide an advisory recommendation. The City Commission or the elected officials, they make the final decision, and we're happy with any decision that the City Commission makes. Vice Chairman Gonzalez: All right. Commissioner Winton: Great. Chairman Sanchez: OK, so -- Mr. Bibeau: The only point -- and we're not speaking to number 12, which is the condition. Chairman Sanchez: All right, so -- Mr. Bibeau: That's totally separate. Chairman Sanchez: There's a motion -- Mr. Bibeau: What I'm speaking to is one that is not on the piece of paper before you, and that is that the existing comp. plan Policy 3.1.1 allows us to encourage water-related/water-dependent uses, such as water taxis along the entire river, in the lower river, in the middle river, and in the upper river. Commissioner Winton: OK. Mr. Bibeau: The recommended change -- Ms. Slazyk: 1 think we can do that. Mr. Bibeau: -- is to only encourage water-related/water-dependent uses in the upper river, which therefore means, we can no longer encourage water-related/water-dependent uses, such as water taxis, in the middle, nor the lower river. Vice Chairman Gonzalez: That doesn't make any sense. Mr. Bibeau: So all we have to do to clean that up -- Commissioner Allen: That's -- Ms. Slazyk: I think we can do that. Mr. Bibeau: All we have to do to clean that up -- Commissioner Winton: Hold on. I think Lourdes -- Mr. Bibeau: -- is leave 3.1.1 as -is. Chairman Sanchez: But I think that we have already addressed that, and we can move on to the ( "ay of Mianni Page 79 Primed en 1/11/2005 City Commission Verbatim Minutes December 9, 2004 next concern that you have. Are those -- Commissioner Winton: He doesn't have anymore. Chairman Sanchez: -- all the concerns? All right -- Commissioner Winton: That's it. Chairman Sanchez: -- Brett, thank you so much. We'll get -- Mr. Bibeau: Thank you. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: -- back to that. At least, I know there's maybe one or two Commissioners here that are willing to amend -- Commissioner Winton: Lourdes. Chairman Sanchez: -- that one. Lourdes, so -- Ms. Slazyk: 1 think we can do that. Chairman Sanchez: -- you could have water taxis -- Ms. Slazyk: Yes. Chairman Sanchez: -- throughout the entire -- Ms. Slazyk: Yes. Chairman Sanchez: -- river? OK. Thank you, Brett. Vice Chairman Gonzalez: All right. Mr. Bibeau: Thank you, sir. Chairman Sanchez: Sir, state your name for the record and address, please. Hadley Williams:: Hadley Williams, 2441 Trapp Avenue, here in Miami. I'm here representing Miami Neighborhoods United, which you probably know is an association of 15 or 16 different neighborhood associations around the city. We have the following comments or response to the EAR. Miami Neighborhoods United, having met with Misters Provance and Ruck of the Planning Department, requests that the Commission direct Planning Department staff to work with Miami Neighborhoods United in a continual dialogue to address our neighborhood and other issues related to improvements of the Miami Neighborhood Plan. We have provided them copies of almost 20 pages of detailed comments, but I would like to read into the record now, for example, number 1, future land use policy should specifically exclude from the urban inf ll area designation, in addition to Virginia Key, et cetera, both single-family and duplex residential sections in residential neighborhoods. This FLU (Future Land Use) policy should also be modified to specify that single-family and duplex residential sections within residential neighborhoods are not part of the mixed use neighborhoods, and will be protected from commercial and higher density residential development. To this end, existing time frames for sunsetting of all existing legal nonconforming uses and elements should be maintained. Number 2, transportation concurrency must be specifically addressed in the future land use element and ('iry of Miami Page 80 Printed on 1'1 U2005 City Commission Verbatim Minutes December 9, 2004 land use regulations thereunder, to plan population growth by area within the city, including limitation of permit issuance, in accordance with actual usage of existing arterial and corridor roadways, rather than on capacity, including underutilized public transit. Growth must be contained and managed during development of the public transit infrastructure in order to minimize the economic cost of congestion, and preserve health and quality of life for citizens and visitors. Number 3, concurrency with all other levels of service, in particular, public schools, parking and parks must also be taken into consideration more effectively in future land use element and land use regulations thereunder, and mostly likely through planned growth limitations referred to in two above. Number 4, parks recreation, open space, and coastal management elements must be revamped to provide emphasis on, A, preservation of remaining vacant and coastal land in the City; B, proactive growth of parks, recreation, and open spaces in related facilities with increased levels of service standards; C, reversal of proposed changes, such as to limit "recreational activities that require public facilities and infrastructure to areas where capacity is available." That's one of the recommendations being made, and D, preservation of remaining coastal lands, prohibiting alterations of the existing coastline by land fill artificial or natural barriers so as to preserve physical and visual access and recreational use. Number 5, the addition of a complete new step in urban planning and regulation processes for concerned citizens groups, including Miami Neighborhoods United and others; to review drafts, request modifications, review revised drafts and, finally, concur or dissent in writing on each planned regulation or exception before the Planning Commission -- or before the Planning Department's first presentation, or the Planning Advisory Board, or the City Commission. This step should be added to the existing processes for the EAR Comprehensive Plan amendments, zoning atlas changes, zoning text amendments, Major Use Special Permits, and all other street or alley closures. In addition, it is recommended that concerned citizen groups participate during the initial drafting stages with both the Planning Department and outside consultants in order to minimize unnecessary conflicts during later approval stages. Consensus building and transparency from the outset will greatly improve the overall process in both cost and time. Chairman Sanchez: Thank you so much. All right. Anyone else from the public? If not, Commissioner Regalado. Commissioner Regalado: On -- I think it was on December the 6th, about ten representatives of Miami United met with the staff, right? Mr. Provance: That's correct, Commissioner. Commissioner Regalado: And they did had a lot of concerns, especially about the integrity of the neighborhoods. Now the gentleman is saying that what we should do is ask the staff to keep working with the residents. However, 1 don't understand because you're giving away the leverage, because if we approve this, this is going to be sent to the State. What is it that -- the main -- what was the main concern of this meeting on the 6th of the residents? I don't understand. Mr. Provance: Commissioner -- Commissioner Winton: Well, you couldn't figure it out from that. Mr. Provance: -- the main concerns -- Commissioner Regalado: Huh? Mr. Provance: -- or some of the five highlight -- Commissioner Winton: We couldn't figure it out from that. City of. Miami Page 81 Printed on 1 %II/2005 City Commission Verbatim Minutes December 9, 2004 Mr. Provance: -- that we addressed, the issue is that the door is not closed. There is the -- we allow the continued dialogue. Even though we may adopt this and it's sent to DCA, the conversation is not over. We still allow the dialogue even to make amendments to this document. We have a whole year to do so. The whole issue has to be a submittal. We have a time sensitive issue and we have to get it by submittal to meet the compliancy date. However, it doesn't have to be deemed -- well, it could be deemed either sufficient or insufficient, and we could still address these issues to make this more a perfect document. The door, indeed, is not closed to the Miami United Group, nor any other citizens within the community, and we welcome their participation, and we continue to do so, and we would even like to make the recommendation that staff continue to work with this particular group on these issues that he explained today, as part of the record. Indeed, the DCA will be aware -- well aware of that, and we could continue this dialogue, and if there are any changes in the future, we can make an amendment to this adopted plan, if, at the pleasure of the Board. Commissioner Regalado: OK, but -- so I just want to understand, because I have been reading a lot of e-mails, communications between the different groups, and the main concern was that this was not precise; that it was general, and then the staff can't do anything after this. Mr. Provance: Well, the issue has to do -- Commissioner Winton: Well -- Mr. Provance: -- the generalities are there to allow the dialogue. If there's specifics in here that are not related to plans, where you have specifics -- with the appropriate groups have not been able to get together and talk about, then when these EAR -based amendments come up, we lock ourselves out, so if you allow the generalities to happen for these appropriate agencies to sit down and have dialogue, then we can actually, you know, write amendments that make sense, and therefore, well have a working comprehensive plan. Commissioner Regalado: OK, so this is just a formality because -- Mr. Provance: That's correct. Commissioner Regalado: -- there is a lot offexibility, and we still can place a condo tower in the middle of a residential -- Mr. Provance: Well, 1 wouldn't say that, but we definitely can have this dialogue to discuss that. Commissioner Regalado: OK. Mr. Provance: So the door is not closed. Vice Chairman Gonzalez: All right. Anybody else from the public would like to address -- Commissioner Winton: And, Lourdes, don't you have a suggestion to solve the solution here so we can pass this -- Ms. Slazyk: Yeah. What we were going to do -- Commissioner Winton: -- or at least vote on it? Ms. Slazyk: -- is basically, we're recommending that we add another condition that is not on your papers, that say to amend this Policy 3.1.1 to encourage water-related/water-dependent uses along the upper river, and to also encourage water taxi and water pleasure craft uses -- City ofMiami Page 82 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: There you go. Ms. Slazyk: -- within the entire river, while -- and then, specifically, while not precluding residential uses. Commissioner Allen: Good Ms. Slazyk: And 1 think that's the important -- Commissioner Allen: Good. Ms. Slazyk: -- one so that that -- Commissioner Winton: Got it. Ms. Slazyk: -- twisting you were talking about can't happen. Commissioner Allen: Yeah. Commissioner Winton: I would move the staff recommendation, with modifications. Commissioner Allen: Second. Vice Chairman Gonzalez: Modifications. That includes the -- Commissioner Winton: Bingo. Yes, the deletion of 12. Vice Chairman Gonzalez: 12. Commissioner Winton: Yes. Commissioner Allen: Right. Vice Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez.: All opposed? Motion carries. Mr. Provance: There was just a quick scrivener's error on 13. It just had to do with the citing of a Florida State Statute. On 13 -- condition 13, Chapters 163.065, not 55, so we'll make that correction, as well, to indicate the appropriate citation. Thank you. Commissioner Winton: OK. Vice Chairman Gonzalez: Thank you. PZ.22 04-00463 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE COASTAL MANAGEMENT, NATURAL RESOURCES AND CAPITAL IMPROVEMENT PROGRAM ELEMENTS OF THE MIAMI NEIGHBORHOOD City qf Miami Page 83 Printed on 1,11%2005 City Commission Verbatim Minutes December 9, 2004 COMPREHENSIVE PLAN IN ACCORDANCE WITH 1995 EVALUATION AND APPRAISAL REPORT RECOMMENDATIONS, AND FOR SUBMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AS CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENT NO. 04-2; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00463 Fact Sheet.pdf 04-00463 Analysis.PDF 04-00463 PAB Reso.PDF 04-00463 DCA Letter.PDF 04-00463 Legislation.PDF 04-00463 - submittal.pdf REQUEST: To Amend Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 21, 2004 by a vote of 7-0. PURPOSE: This will approve an Evaluation and Appraisal Report (EAR) -based amendment to the Miami Comprehensive Neighborhood Plan. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12635 Chairman Sanchez: All right. While you're up here, what's -- you have any other items? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.22 is really fast. Commissioner Regalado: She has 16. Chairman Sanchez: She does? Commissioner Regalado: 16. Commissioner Winton: Oh, yeah. Chairman Sanchez: 16. Commissioner Winton: What's 16? Ms. Slazyk: PZ22 is really fast. Second reading of one of our old 95 EAR (Evaluation Appraisal Report) -based amendments -- Commissioner Winton: Thought we did that. Ms. Slazyk: -- and it -- City ot'Miami Page 84 Printed on 1i1112005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: I'm sorry. Let's -- where are we at, PZ22? Ms. Slazyk: 22. Vice Chairman Gonzalez: 22. Ms. Slazyk: It's time sensitive, so if we were going to break, 1 want to make sure we do this one before -- Commissioner Winton: And there's another -- Mr. Chairman. Chairman Sanchez: Yes. Commissioner Winton: There's an item that I want -- that we -- Chairman Sanchez: So let's take care of 22. Ms. Slazyk: 22, second reading, is one of our -- the last of the 19-9 -- the last of '95 EAR ( Evaluation Appraisal Report) -based amendments. It's been approved by DCA (Department of Community Affairs). We recommend approval. Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Vice Chairman Gonzalez: I move -- Priscilla A. Thompson (City Clerk): PZ.22. Vice Chairman Gonzalez: -- PZ.22. Chairman Sanchez: Seeing none, hearing none, the public hearing is closed. There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Allen. It is open for discussion in the Commission . Hearing none -- no discussion from the Commission, Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: 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, 5/0. Chairman Sanchez: All right. Commissioner Winton: And Mr. Chairman -- City al Miami Page 85 Printed on 1;11/2005 City Commission Verbatim Minutes December 9, 2004 Ms. Slazyk: PZ.23, we want to continue. Commissioner Winton: -- I'm noticing that PZ.32 was a time certain at 5 p.m. Chairman Sanchez: Is there anyone here on PZ.32? PZ.32. Well, let's get it out of the way. That was a controversial one. I was saving it for last. Ms. Slazyk: Yeah, P -- Chairman Sanchez: You know, finish the Commission meeting with fireworks. Ms. Slazyk: It's the tree ordinance. Chairman Sanchez: Huh? Vice Chairman Gonzalez: PZ (Planning & Zoning). Commissioner Winton: Yeah, do the -- Chairman Sanchez: Why don't we do -- before we do that, do you mind if we just take care of two items that are noncontroversial out of the way? Commissioner Winton: Well, they can be getting set up while they're -- while you're doing that. Chairman Sanchez: And you guys, you could set up. I'm trying to -- Commissioner Winton: Yeah, set up. Vice Chairman Gonzalez: We've got two or three. Commissioner Winton: Do it. Chairman Sanchez: All right. Commissioner Winton: Do it, Joe. PZ.23 04-00984b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ZONING AND PLANNING, OF THE CITY OF MIAMI CODE BY ADDING A NEW ARTICLE XI ENTITLED, "ARTS AND ENTERTAINMENT MURAL REGULATIONS"; CREATING DEFINITIONS; PROVIDING FOR LICENSE AND PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. City qf Miami Page 86 Printed on 1i11./2005 City Commission Verbatim Minutes December 9, 2004 PURPOSE: This will add a new Article XI to the Miami City Code entitled, "Arts and Entertainment Mural Regulations." NOTE: Language in 04-00984b incorporates language passed on First Reading on September 23, 2004 and October 28, 2004 from 04-00984 and language proposed on October 28, 2004 from 04-00984a. CONTINUED Item PZ.23 was continued to the Commission Meeting currently scheduled for January 27, 2005. Vice Chairman Gonzalez.: OK. Mr. Chairman. Lourdes Slazyk (Assistant Director, Planning & Zoning): All right. 22 is real fast, second reading. Chairman Sanchez: Yeah. Vice Chairman Gonzalez: Just a minute. I have a question. I believe that PZ.23 was withdrawn Ms. Slazyk: We're going -- Chairman Sanchez: Was it? Ms. Slazyk: We're going to continue it till January 27th. Vice Chairman Gonzalez: All right. Chairman Sanchez: All right. Vice Chairman Gonzalez.: So that's one less. Chairman Sanchez: That's one. Chairman Sanchez: All right. Listen, just for -- Vice Chairman Gonzalez: 27. Chairman Sanchez: -- record cleaning and -- Commissioner Winton: Yeah -- Chairman Sanchez: -- organization -- hold on, hold on, hold on. Let me just state for the record that the PZ.23, the murals, was continued to January 27, 205 [sic]. It was not withdrawn. Unidentified Speaker: Thank you. Chairman Sanchez: So that will be back in front of this Commission on January 27, 2004 [sic]. Ms. Slazyk: 5. Chairman Sanchez: We have CA. 10, RE. 7, PZ26, PZ27, PZ28, and PZ.29. I predict approximately about 35 to 45 to 50 minutes, when we come back, after the lighting of the Christmas Tree. City o1'Miami Page 87 Printed on lilt/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: And -- Gil Pastoriza: Thank you, and happy holidays. Commissioner Winton: I have a correction to the resolution I passed earlier on reconsideration. Chairman Sanchez: Can we amend that when we come back? Commissioner Winton: Sure. Chairman Sanchez: That'll be the first item on the agenda. Commissioner Winton: Just don't let me forget. Chairman Sanchez: I won't. The court -- City of Miami's Commission meeting stands in recess, as we go and light the Christmas tree here at the City of Miami, and we invite all of you at home to watch it on Net-9. City Commission meeting stands in recess. PZ.24 04-00674 ORDINANCE Second Reading AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO PROVIDE FOR A NEW ARTICLE NO. 8.1 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; CONTAINING A REPEALER PROVISION AND A SEVERABLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00674 Fact Sheet.pdf 04-00674 PAB Reso.PDF 04-00674 PAB Reso - 11-03-04.PDF 04-00674 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 8-0. Also recommended approval to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-00674a. PURPOSE: This will create a new article to the Zoning Ordinance entitled, " Tree Protection." Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. City gfMiami Page 88 Printed on t%II'2005 City Commission Verbatim Minutes December 9, 2004 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12636 Lourdes Slazyk (Assistant Director, Planning & Zoning): 24 and 25 are the second reading tree ordinance. Commissioner Winton: So moved. Chairman Sanchez: 24. Vice Chairman Gonzalez: Second. Chairman Sanchez: Wait, wait a minute. Let me do this right, guys. 24 is an ordinance on second reading. All right. There's a motion and a second. Motion is made by Commissioner Winton, second by Vice Chairman Gonzalez. Commissioner Winton: It's the tree ordinance. Chairman Sanchez: Before we do that, it is a public hearing. Anyone from the public wishing to address this Commission on PZ.24, which is an ordinance on second reading, please step forward and limit your discussions, if possible. I think you're -- you're satisfied with this ordinance, ma'am, right? Nina West: All we want to say is thank you again. Chairman Sanchez: Well, that -- Ms. West.- Thank you so much -- Commissioner Allen: Thank you. Ms. West: -- every one of you -- Chairman Sanchez: You know -- Ms. West: -- from all the many organizations I belong to. Chairman Sanchez: But you still need to state your name for the record. Ms. West: Oh, fine. Nina West, 3690 Avocado Avenue, Coconut Grove. Thank you. Chairman Sanchez: Nina, thank you so much. We don't get that often, people thanking us for what we do up here, and that really means a lot to us. All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: Public hearing is closed. We have a motion and a second. Discussion from the Commission. Hearing none, it's a City ordinance. 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: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 89 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.25 04-00674a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, "ZONING AND PLANNING" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING ARTICLE XII ENTITLED, "TREE TRUST FUND;" ADDING AN INTENT STATEMENT AND PROVIDING FOR ADMINISTRATION AND REGULATIONS; AND PROVIDING FOR TRUST FUND PAYMENTS AS SPECIFIED IN SECTION 8.1.6.6 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00674a Fact Sheet.pdf 04-00674a Legislation.PDF REQUEST: To Amend the Code of the City of Miami APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 04-00674. PURPOSE: This will amend the Miami City Code by creating a new article entitled, "Tree Trust Fund." Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12637 Chairman Sanchez: All right, PZ.25 is an ordinance on second reading. It's establishing of the Tree Trust Fund. Vice Chairman Gonzalez: Move PZ.25. Commissioner Winton: So moved. Second. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. It's a public hearing. Anyone from the public wishing to address this Commission, step forward and be recognized. Seeing none, hearing none, the public hearing is closed. Bringing it back to the Commission for further discussion. Hearing none, Mr. City Attorney, read the ordinance into the record. ('ity otMiami Page 90 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: 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 -- Vice Chairman Gonzalez:: PZ.26. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.26 04-01132 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 1991 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01132 Fact Sheet.pdf 04-01132 Analysis.PDF 04-01132 Land Use Map.pdf 04-01132 & 04-01132a Aerial Map.pdf 04-01132 PAB Reso.PDF 04-01132 Application & Supp Docs.PDF 04-01132 Legislation.PDF 04-01132 & 04-01132a Exhibit A.PDF 04-01132-su bm ittal-photos. 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 1991 NW 27th Avenue APPLICANT(S): B&F Marine, Inc. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 22, 2004 by a vote of 3-5. This is a denial of a motion to approve, which failed to obtain the required five favorable votes. See companion File ID 04-01132a. City or Miami Page 91 Printed on 1'11,2005 City Commission Verbatim Minutes December 9, 2004 PURPOSE: This will change the above property to General Commercial. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: All right. What is the wish of the Commission, do we continue on the PZs ( Planning & Zonings) or do we take care of the earlier items? Let's -- Vice Chairman Gonzalez: Let's -- Chairman Sanchez: -- go ahead and continue on the PZ. Vice Chairman Gonzalez: Let's finish PZ, and then we'll go -- Chairman Sanchez: PZ26 and 27 are the next items in the order of the night. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. PZ -- for the record, Lourdes Slazyk. PZ.26 and 27 are companion land use and zoning change for 1991 Northwest 27th Avenue. The recommendation is for denial from the Planning Department, denial from the Planning Advisory Board, and approval by the Zoning Board This is to change the property from duplex residential to general commercial. Ben Fernandez: Thank you, members of the board. For the record -- Chairman Sanchez: All right. Before you do that, counsel, anyone in the chambers in opposition to this item? OK. Seeing none, hearing none -- Commissioner Winton: Great presentation. Chairman Sanchez: -- we'll -- Vice Chairman Gonzalez: Great presentation. Chairman Sanchez: -- allow you to opportunity to give us a two -minute presentation. Mr. B. Fernandez: Thank you. This is gateway into Allapattah, Northwest 20th Street and 27th Avenue. We think it's going to really change the face of this intersection. It's consistent with 907 .3. We have the support of the adjacent neighbors, and the Zoning Board recommended approval, so we ask that you approve this project. We still need a special exception, so we'll be coming back to your Zoning Board for that, and 1 thank you very much. Commissioner Winton: What's the project? Mr. B. Fernandez: The project is a mixed -use condominium with ground floor retail on 27th Avenue. Commissioner Winton: Does it take the whole corner? Mr. B. Fernandez: It takes the whole corner, and into the bridge embankment, which we think makes a lot of sense because it's really not -- what you have there now -- you see the pictures I passed around -- it's a nondescript warehouse. Doesn't really make any sense. Commissioner Regalado: Is that where BF Marine is now? ('Fry of Miami Page 92 Printed on I,I 1i2005 City Commission Verbatim Minutes December 9, 2004 Mr. B. Fernandez: Yes, Commissioner. Vice Chairman Gonzalez: All right. Commissioner Regalado: They sold it? Mr. B. Fernandez:: They are selling it, yes, sir. Vice Chairman Gonzalez: Lourdes, they have to come back for the special exception, right? Ms. Slazyk: Not to the Commission; they will go to the Zoning Board Vice Chairman Gonzalez: So that means that we will never have a chance to see the project, the actual project? Ms. Slazyk: Unless it's appealed, it would not come to the City Commission. Commissioner Winton: Can he require it as a condition to changing zoning? Ms. Slazyk: Pardon? Chairman Sanchez: Could we apply that condition, that it be brought back to the Commission? Commissioner Winton: Can he require they come to the Commission -- Ms. Slazyk: You can't put a condition -- Commissioner Winton: -- condition to -- Ms. Slazyk: -- on a change of zoning. The applicant can proffer to come back to you, but that -- you can't condition the zoning. Mr. B. Fernandez: We could -- oh, so -- Vice Chairman Gonzalez: And the reason is that, as Mr. Fernandez mentioned, you know, this is going to be the gateway to Allapattah, 20th Street, which is the most -- it's the principal street on Allapattah. We're working on another project that is going to be opposite to this site, and there I also have a concern, that I would like to see, you know, a nice project developed at this corner, so -- but if we can't ask for the condition, we --1'll have to take a chance, I guess. Mr. B. Fernandez: We are currently going through design review. We've gone through three site plan iterations, and we have addressed most of the comments. We'd be happy to show you some of the aspects of the plan now. Yovanna, do you want to briefly show them some of the plan? Yovanna Alvarez: Good evening. My name is Yovanna Alvarez. I'm here representing Kobi Karp Architects, located at 17100 Collins Avenue. What we're showing in front of you is a multi -- it's a mixed -use residential and commercial use apartment building. What we have done is, on the ground floor, we're showing all retail. When 1 started designing this project, what 1 wanted to do was to enhance this corner, which is the intersection of Northwest 27th Avenue with Northwest 20th Street. By doing this, we decided to put retail, especially on the corner, all glass, so you can have a very nice intersection, and you can have a pedestrian friendly street, having the commercial all inside along the 20th Street. What we also did was setting back our property line. The required is five feet and we're setting back 20 feet, and we're buffering all this area with green space, so we can have enough setback between the residents and our new building. City of Miami Page 93 Printed on 1,11:'2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: Is this going to be a rental apart -- building or home ownership? Ms. Alvarez: It's going to be condominiums. Vice Chairman Gonzalez: Home ownership? Ms. Alvarez: Yes. Mr. B. Fernandez: Fee simple homeowner. Commissioner Winton: Does this require a Class II permit? Ms. Slazyk: It's going to be a special exception. In order to do residential in C-2, which is the district they're requesting, it is special exception, so it goes to the Zoning Board. We do design review for special exceptions. Commissioner Winton: So Planning does design review -- Ms. Slazyk: Yes. Commissioner Winton: -- for special exceptions, so maybe to make Commissioner Gonzalez a little more excited about the idea of taking a chance on this rezoning that he's still nervous about taking that chance on, since there's no proffering going on here, would you -- could you guarantee that the quality of design of this product is going to match the quality of design of similar projects in other areas of the city that would be in keeping with a gateway statement for a gateway into a very important community? Ms. Slazyk: In terms of our design review comments, 1 can say yes, but the Zoning Board is the one who grants it. If they -- if we come up with some conditions in design review that the applicant doesn't agree with, and the Zoning Board sides with the applicant, then it's up to the Zoning Board. I mean, I want you to know it's not the Planning Department that issues the special exception; it's the Zoning Board. Mr. B. Fernandez: Although, there are -- Ms. Slazyk: But we will make the comments to the Zoning Board, the same design review that we -- everybody else goes through. Commissioner Winton: Are you allowed to put comments on the record to the Zoning Board that are comments from this Commission, relative to that? Ms. Slazyk: Well, we can -- I can actually go one better. If the Zoning Board approves something that the Planning Department -- Planning Department's going to make recommendations and the Zoning Board is going to approve or deny, and in the past, this has been done. It's very rare, but we can appeal it and get it to you. The Planning -- Vice Chairman Gonzalez: All right. Ms. Slazyk: -- the City Manager -- Chairman Sanchez: All right. Ms. Slazyk: -- may appeal -- City al Munn! Page 94 Printed on l/II/2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: All right. Ms. Slazyk: -- the Zoning Board and get it to you if -- you know, if they -- Commissioner Winton: Perfect. Chairman Sanchez: I believe that's acceptable by the district Commissioner. Vice Chairman Gonzalez: That's acceptable. Chairman Sanchez: All right. Vice Chairman Gonzalez: That's perfect. Mr. B. Fernandez: I think -- Chairman Sanchez: Is there a motion? Vice Chairman Gonzalez: OK. I move to approve PZ.26. Commissioner Allen: Second. Mr. B. Fernandez: Commissioner -- Chairman Sanchez: Motion to approve -- Commissioner Winton: Hold up. Chairman Sanchez: -- PZ 26. Commissioner Allen: Second. Mr. B. Fernandez: That's clearly acceptable to us, but of course, the appeal is only in the event that the City is not happy with our plan. Vice Chairman Gonzalez: Right. Mr. B. Fernandez: We're not going to come here for no reason. Commissioner Winton: We understand that. Vice Chairman Gonzalez: Right. Mr. B. Fernandez: Thank you. Vice Chairman Gonzalez: We understand. Chairman Sanchez: Point well made, counsel. There is a motion by Vice Chairman Gonzalez, and I believe it's second by Commissioner Allen. Commissioner Allen: Yes. Chairman Sanchez: It is open for discussion. Hearing no discussion, it is an ordinance on first reading. Mr. City Attorney, read it for the record. ('ity of Miami Page 95 Primed on 1,I1'2005 City Commission Verbatim Minutes December 9, 2004 Mr. Fernandez: PZ.26. Chairman Sanchez: Yes. Commissioner Allen: PZ.26. The Ordinance was read by title into the public record by the City Attorney. 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, 5/0. PZ.27 04-01132a 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 "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1991 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01132a Fact Sheet.pdf 04-01132a Analysis.PDF 04-01132a Zoning Map.pdf 04-01132 & 04-01132a Aerial Map.pdf 04-01132a ZB Reso.PDF 04-01132a Application & Supp Docs.PDF 04-01132a Legislation.PDF 04-01132 & 04-01132a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 1991 NW 27th Avenue APPLICANT(S): B&F Marine, Inc. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 8, 2004 by a vote of 6-0. See companion File ID 04-01132. City of Miami Page 96 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 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: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: PZ.27 is a companion. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. We also have recommended denial, but the Zoning Board recommended approval. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: I move to approve PZ.27. Chairman Sanchez: There is a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Winton. Before we open it up for discussion, it is an ordinance on first reading, requiring a public hearing. Is anyone from the public wishing to address this Commission, please step forth and be recognized. Seeing none, hearing none, the public hearing is closed, bringing it back to the Commission for further discussion. Hearing no further discussion, Mr. City Attorney, read the ordinance into the record. 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, 5/0. Chairman Sanchez: Congratulations, counsel. Ben Fernandez: Thank you. Happy holidays to you all. Thanks, Commissioner. Chairman Sanchez: Same to you. Vice Chairman Gonzalez: Same to you. PZ.28 04-01178 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 3155 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. (Yty of Miami Page 97 Printed on I'11:2005 City Commission Verbatim Minutes December 9, 2004 04-01178 Fact Sheet.pdf 04-01178 Analysis.PDF 04-01178 Land Use Map.pdf 04-01178 & 04-01178a Aerial Map.pdf 04-01178 PAB Resos.PDF 04-01178 Application & Supp Docs.PDF 04-01178 Legislation.PDF 04-01178 & 04-01178a Exhibit A.PDF 04-01178-submittal-petition.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 3155 SW 22nd Terrace APPLICANT(S): Edwin J. and Elizabeth Caron, Owners APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on October 6, 2004 by a vote of 6-2. The Board also recommended to the City Commission by a vote of 8-0 that if they were to consider a covenant with the companion zoning request that such covenant should be accepted and should address the following: buffers, uses, design review and landscaping. See companion File ID 04-01178a. PURPOSE: This will change the above property to Restricted Commercial. DENIED A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to deny item PZ28. Lourdes Slazyk (Assistant Director, Planning & Zoning): 28 and 29 are the last -- Chairman Sanchez: PZ.28 and 29 is an ordinance on first reading. Ms. Slazyk: Right. This is a change of land use and zoning for the property at 3155 Southwest 22nd Terrace from duplex residential to restricted commercial. The Planning Department had recommended denial, the Planning Advisory Board and the Zoning Board also recommended denial. However, the Planning Advisory Board also passed a separate motion -- resolution to the City Commission letting you know that if you were to consider a covenant with the companion zoning request, that such a covenant should be accepted and should address issues, such as buffers, uses, design review, and landscaping. This is the site where Rex Art wants to locate on Coral Way. The request for the zoning change is for the rear parcel, which it fronts on 22nd Terrace. The concern here is that 22nd Terrace is a residential street, and what this particular property has a situation that the building on Coral Way is too -- it takes up -- it's a very narrow lot and it takes up the whole frontage, so there is no way that they could agree to not allow vehicular access on 22nd Terrace, and the commercial ingress an egress on 22nd Terrace was our concern, being that that is a residential street. City of Miami Page 98 Printed on 111,'2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: All right. Ines Marrero: Mr. Chairman, members of the Commission. For the record, my name is Ines Marrero, attorney with offices at 1 Southeast 3rd Avenue. As Ms. Slazyk has expressed -- and I will go directly into the nature of the request. There's a lot of projects that come before you. They want to knock down buildings, you develop, put big high-rises. We want to use what's there . We are asking for the rezoning of one lot on 22nd Terrace that has been used for parking for the building on the front, which is the building that's in this picture. It's the Ampco building. This building right now, we could move in. It would be deemed a nonconforming grandfathered use, and we could use and occupy it. The owners have permits. We could determine it's grandfathered, but it wouldn't have parking because the parking in the rear, they never got permits for it, so it's not grandfathered, so we looked at all the options that we had before we had to come before you and asked for rezoning. Like staff indicated, we cannot ask for an SD-I2 , which is really all we need to park because the access is not from Coral Way. It's blocked entirely by the building that -- it has to be from Southwest 22nd Terrace. Your code does not allow a variance from the SD-12 provisions at special districts, so we can't ask for that. The alternative would be to maintain the duplex zoning and ask for a variance, a use variance. Again, your code doesn't allow that, so the only way that we can use it just for parking to maintain things the way they have been for fifty -some years is to rezone it. As has been stated, the intended user of the property is Rex Art. This is a family -owned business. They have been in business in the City of Miami for over 50 years, as you know, because this Commission has approved a project for their existing location. They outgrew that site. It was too big, and they have looked -- they had selected this property as a new location. It's well within a certain radius of their existing clientele. It fits their needs. It's a wonderful family -oriented, family friendly, great retail operation, and they just want to move there, fix it up, take this building -- and 1 think 1 had shown the elevation previously, what they intend to do, you know, and this is very schematic. They would have to obtain a Class II Special Permit and undergo design review -- staff review for the redevelopment, but this is a building that, you know, will activate that street. Right now, we're chipping away at the retail uses along Coral Way, and this is an application that will seek to activate an existing building, adaptive reuse, and maintain things the way they are. Last but not least, credit to the Morrisses, who are here this evening, and they are the father and son and family team who has owned Rex Art for 50-some years. They went out to the community. I said, listen, the issue here is very clear, you're going to be entering through 22nd Terrace, and the folks -- I've been here on other applications where we've addressed -- we've talked about rezoning these R-2 lots in the back that are not part of a MUSP (Major Use Special Permit) and we cannot address access and buffers and whatnot is traffic on 22nd Terrace. Commissioner Regalado has been very clear about it. Go out there. Go door-to-door; talk to the folks who are going to be affected and see how they feel, and they went door-to-door to all the properties that are highlighted, that are colored in green. The subject property is here, and this is parking, this is the Brownell building, this is parking as well. All the residents of the properties that are in green have met with the Morrisses or their representatives, and they signed -- I'm looking back to see because he gave them to me -- a letter very expressly saying that they had reviewed the plans and they were in support of the rezoning. That parking lot is going to be improved. There's going to be buffers. They want this business there. You should have heard the members the PAB (Planning Advisory Board) when we appeared before them. They -- everybody love this business. I don't know if you want to hear from them, but they have been in this community for 50 years. They want to stay here. They're not developers, and 1 understand the long-term concerns, but they wouldn't be going through this process to just put something up and then just knock it down. They want to remain in business here, and this is the only way that they can move into this facility because they it doesn't have parking, and they could move in, but it's a practical matter. Retail facilities that do not have off-street parking will not work, so let me enter these into the record. We can pass them out, but 1 think the most graphic way of showing who is -- who signed are the folks in green, and those who didn't sign, by the way, a lot of times, there may be one who said they didn't want to sign, and the rest, they just couldn't get a hold of, City ofMiami Page 99 Printed on I/1I/2005 City Commission Verbatim Minutes December 9, 2004 so 1 will do those to Madam Clerk, and with that, that pretty much closes the presentation. I don't know if you would like to hear from them or -- Chairman Sanchez: Is there anyone that you would like to bring up to speak in favor, on behalf of your -- Commissioner Winton: Is there a anyone opposed? Ms. Marrero: See, some of these are the employees of the company. They've been with the company for many years, and again, they want to stay. Chairman Sanchez: OK. Is there anyone here in opposition of the item? OK. Well, does that conclude your presentation? Commissioner Winton: Is there a covenant going with this, in case they tear the building down? Ms. Marrero: We have submitted a draft covenant to the City for their preliminary review as to form, and to the City Attorney's Office for form that we can work on between now and second reading to address the issues that the PAB wanted this Commission to make sure we're incorporated. Commissioner Winton: OK. Chairman Sanchez: Now, what is the future game plan on Southwest 22nd Terrace? What do we envision 22nd? Ms. Slazyk: 1-- you know, this is one of those that, through the Miami 21 process, a more clearer vision will be established, but over time, what's been happening is, as these Major Use Special Permits have happened on Coral Way, 22nd Terrace has become the transition street, with the town house liners. Because the properties on Coral Way, in order to accommodate the bigger projects, have requested and obtained changes of land use and zoning for the 22nd Terrace frontage. Most of those projects have very limited, if any, vehicular access. Most are town houses with no vehicles. There is one that the Commission approved to allow just parking for the town houses off of 22nd Terrace, so I think, overall, the Commission has done a real good job of you know, limiting the vehicular access, but it's really become kind of a transition district from -- transition street from the commercial of Coral Way down to the residential nature behind it. Chairman Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Actually, it's not a transitional street because 95 percent of the buildings that we approve on Coral Way have to have town houses -- Ms. Slazyk: Yep. Commissioner Regalado: -- in the back, so it looks like a residential street, and -- Ms. Slazyk: Yeah, I think I meant in scale, in scale. Commissioner Regalado: And counsel was right, one thing that this Commission has done, and especially in 22nd Terrace, is to protect the residential area from the traffic, and you know, against my will and advice, the City staff started like a pilot program to let ingress and egress on 22nd Terrace, on Latin American Cafeteria. I think it's 90 days. It was a court case and settlement. It's a pilot program, but the only way that I would vote for this, if we don't have any traffic on 22nd Terrace. Otherwise, I will not vote to approve this. City nfMiami Page 100 Printed an I/II/2005 City Commission Verbatim Minutes December 9, 2004 Ms. Slazyk: Right, and what they have said is that's not possible because they have no way for the cars to come in from Coral Way. Commissioner Regalado: Well, I don't --1 just want to know why you thought or they thought that they would be able to use a commercial parking lot on 22nd Terrace. I just -- Ms. Marrero: Because it's been parking. Commissioner Regalado: I'm sorry? Ms. Marrero: The previous owners used it for parking. It's paved. It's got curve cuts right now. Commissioner Regalado: Well, how did they came out and came in? Chairman Sanchez: From Coral Way. Ms. Marrero: No. There's no access from Coral Way. It is entirely blocked. Commissioner Regalado: Is it open on 22nd Terrace? Is it open on 22nd Terrace? Ms. Marrero: Yes. Commissioner Regalado: Then they are in violation of -- Ms. Slazyk: Yeah. They don't have permits. Commissioner Regalado: -- of the Zoning Code. Ms. Marrero: Yeah. Ms. Slazyk: That's why they're here for the zoning change, to legalize it. Ms. Marrero: But -- if I may, one of the ways that we could address this -- because the issue is merely -- as long as the building -- the way the building that's there right now is where it is, we cannot provide access any other way than through 22nd Terrace. One of -- a clause -- a provision of the covenant that we could add between now and then is a condition whereby the day that somehow -- because if any remodeling -- if it permits access from Coral Way, then we will no longer have access from 22nd Terrace. I don't know if -- yeah, the access has been there for many years, but it hasn't been legal. Commissioner Regalado, through the Chair, if I may. One of -- condition in the covenant -- one of the provisions of the covenant we would be willing to include is language that would say that the day that access is possible from Coral Way, we will no longer have access from 22nd Terrace, if the building is ever remodeled, but let me show you on this aerial, again, what the situation is. This is the one -- the lot that we're proposing to rezone. This is the existing building. It sits on the entire lot. There is no access. It blocks all the access. The only way to access is through 22nd Terrace. We would agree -- Commissioner Regalado: That building used to be an engineer (UNINTELLIGIBLE). Ms. Marrero: No. Your -- that would be ER Brownell. It's next door. This used to be a fire equipment. Let me show you -- Commissioner Regalado: Oh, yeah, yeah. Ms. Marrero: -- the photograph again. City gfMiami Page 10l Printed on ti11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Regalado: It's next to the Subway. Ms. Marrero: Yeah. The -- ER Brownell has access from Coral Way. See, when you look at -- where is my other -- this photograph. Sorry about all the -- this is part of Brownell's property. This is the width of our property. There is no access from Coral Way. This is the subject property. Commissioner Winton: Oh, so that gap is Brownell's. Ms. Marrero: Exactly. Commissioner Winton: Oh. Chairman Sanchez: Yeah, I thought it was yours. Ms. Marrero: No, it's not ours. If not, believe me, we wouldn't be here. Chairman Sanchez: Exactly. Ms. Marrero: And they have -- actually, they have access off 22nd Terrace, but they have -- right now, it's buffered and all their parking comes off Coral Way. Commissioner Regalado: Well, let me -- but let me ask you this. The laboratory upstairs, the Subway and Carvel, they have a pretty nice parking lot, which abuts the property that your client owns. Ms. Marrero: That's correct. Commissioner Regalado: OK. I would vote for this only if you use that parking to go into your parking and not use 22nd Terrace. Ms. Marrero: Well -- Commissioner Regalado: Otherwise, I'm not voting for it. That's it. Ms. Marrero: The Brownells were here when we were before the Zoning Board, and they testified that they have a lot of problems with their parking and vandalism, and they would not be amiable to giving cross access in the back, as I recall. Commissioner Regalado: Vandalism. Katrina Morris: We contacted them -- Chairman Sanchez: Ma'am. Ms. Morris: Oh, I'm sorry. Chairman Sanchez: Ma'am, ma'am. Ms. Slazyk: You need to -- Ms. Morris: I need to swear in? Chairman Sanchez: Ma'am? ('ity of Miami Page 102 Printed on P11i2005 City Commission Verbatim Minutes December 9, 2004 Ms. Marrero: Yeah, be sworn in. Chairman Sanchez: Ma'am, if you're going to speak, you need to state your name and address for the record, please. Ms. Morris: Sure, sure. Chairman Sanchez: Thank you. Ms. Morris: My name is Katrina Morris. My address is 2932 Center Street, in Coconut Grove. I spoke with the Brownells because that was where we wanted to go first. Chairman Sanchez: Have you been sworn in? Ms. Morris: No. Chairman Sanchez: OK. We need to swear you in. Madam Clerk, I apologize, but -- it's OK. Just swear -- you know, just -- Priscilla A. Thompson (City Clerk): I need you to raise your right hand, please. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: OK. You may continue. Ms. Morris: OK. We spoke with the Brownells because we wanted to avoid the situation and we said, can we get access from your parking lot, and they didn't want to lose any parking. Commissioner Winton: Did they -- did you offer to pay them? Ms. Morris: I offered any -- Commissioner Winton: Oh. Ms. Morris: -- avenue, and they weren't receptive. Ms. Marrero: Yeah, they keep the gate closed, but we would be willing to make any concessions with them, but 1-- we weren't able to -- Chairman Sanchez: All right, counsel. I think we need to move forward with this. Ms. Marrero: I mean, obviously, we can only agree to conditions that apply to property that we own, so we cannot -- Chairman Sanchez: That are within your control. Ms. Marrero: That are within our control. We don't -- the Brownells are not here. We cannot agree to conditions without them agreeing to that. I will tell you that we can -- we are willing to give you a guarantee that the day that there's any way that the access can be provided from Coral Way, we will no longer have any access off 22nd Terrace, but right now, it is paved, it is ( UNINTELLIGIBLE); there's curb cuts, and when you think about it, a lot of other property -- a City of Miami Page 103 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 lot of the other businesses along Coral Way further down have the parking in the back. 1 understand there's alleys and there's other things that buffer, and on top of that -- Commissioner Regalado: No, but the issue (UNINTELLIGIBLE) the parking in the back. The issue -- Chairman Sanchez: Is the entrance. Commissioner Regalado: -- is the traffic on 22nd Terrace. Ms. Marrero: But we have no other way of accessing that property. Commissioner Regalado: I understand that, but my -- the complaints we get here from the people next to Latin America, from the people next to Habana Vieja and other restaurants is the traffic on 22nd Terrace. That's what I'm saying and, you know, 1 think that's -- Rex Art is an icon in terms of the business in the City of Miami and all that, but I'm telling you, I am not voting for exit on 22nd Terrace. Chairman Sanchez: All right. Counsel, you need to conclude your presentation. Ms. Marrero: That is -- I'm sorry. Commissioner Winton: Sounds like it is. Ms. Marrero: I'm sorry. The only thing that I can add to that, again, is to reiterate that they did go door-to-door to the people who are going to be immediately affected. They didn't have a problem with it. They were supportive. They want to welcome this business into the neighborhood, and they thought that that was -- that over rode any issues of traffic or the potential of a developer coming in and doing another assemblage and planting another 10-story building in front of their houses. Chairman Sanchez: All right. Ms. Marrero: Thank you. Chairman Sanchez: Thank you so much. Commissioner Regalado, you have a motion? Commissioner Regalado: OK. My motion is -- this is 28, right? Chairman Sanchez: This is P -- Ms. Slazyk: 28. Commissioner Regalado: -- PZ.28. Chairman Sanchez: -- Z.28, yes. Commissioner Regalado: And 29. Chairman Sanchez: 29 is a companion item. Commissioner Regalado: My motion is to deny the -- Chairman Sanchez: All right. There's a motion -- City ofMiami Page 104 Printed on PI City Commission Verbatim Minutes December 9, 2004 Commissioner Regalado: -- change (UNINTELLIGIBLE). Chairman Sanchez: -- to deny. Is there a second? Commissioner Winton: Second. Commissioner Allen: Second. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Winton. Open for discussion. Hearing none, it's an ordinance, first reading. Mr. City Attorney, read the ordinance for the record. Ms. Thompson: No. Commissioner Winton: It was no ordinance. We just denied -- Jorge L. Fernandez (City Attorney): Its a motion to deny. Chairman Sanchez: Oh, I'm sorry. Commissioner Regalado: No. Chairman Sanchez: It's a motion to deny. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion is denied. Apologize. It's been a long day -- long night. PZ.29 04-01178a 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 PROPERTY LOCATED AT APPROXIMATELY 3155 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. 04-01178a Fact Sheet.pdf 04-01178a Analysis.PDF 04-01178a Zoning Map.pdf 04-01178 & 04-01178a Aerial Map.pdf 04-01178a ZB Reso.PDF 04-01178a Application & Supp Docs.PDF 04-01178a Legislation.PDF 04-01178 & 04-01178a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential City of Miami Page 105 Printed on 1,11,2005 City Commission Verbatim Minutes December 9, 2004 to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas LOCATION: Approximately 3155 SW 22nd Terrace APPLICANT(S): Edwin J. and Elizabeth Caron, Owners APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on November 8, 2004 by a vote of 5-0. See companion File ID 04-01178. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. DENIED A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, to deny item PZ.29. Vice Chairman Gonzalez: PZ.29. Lourdes Slazyk (Assistant Director, Planning & Zoning): 29. Chairman Sanchez: PZ.29. Same motion. Commissioner Regalado, motion to deny? Commissioner Regalado: Motion to deny. Chairman Sanchez: There's a motion to deny. Is there a second? Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: Second. There's a second -- motion is made by Commissioner Regalado, second by Commissioner Allen. Open for discussion. Hearing no discussion, all in favor, say " aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion is denied. Ordinance is denied. Vice Chairman Gonzalez: We're done with the PZ (Planning & Zoning). Chairman Sanchez: OK, we're done with PZ items. Commissioner Allen: Right. PZ.30 04-01279 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE City ofMiami Page 106 Printed on 1/11:2005 City Commission Verbatim Minutes December 9, 2004 CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 6 AND 8, IN ORDER TO ADD SECTION 628 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, IN ORDER TO MODIFY REGULATIONS FOR PROPERTIES WITHIN THE DISTRICT; REPEALING THE NCD-2 GRAND AVENUE CORRIDOR NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT FROM SECTION 802 AND ENACTING A NEW SECTION 802 PROVIDING FOR "CHARLES AVENUE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT"; EFFECT OF NCD-2 DISTRICT DESIGNATION AND CLASS II SPECIAL PERMIT IN SUCH DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01279 Exhibit A.PDF 04-01279 Exhibit B.PDF 04-01279 Exhibit C.PDF 04-01279 Legislation.PDF 04-01279 Fact Sheet.pdf 04-01279 PAB Reso.PDF 04-01279-submittal-site plans.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval (as modified) to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-01279a. PURPOSE: This will establish the SD-28 Village West Island Special Overlay District and establish a Neighborhood Conservation Overlay District on Grand Avenue. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We go back to PZ (Planning & Zoning) items. This -- which is -- raise your hands, all those that are here on the PZ.31, which is the (UNINTELLIGIBLE). OK, let's get the - - 1 think you've got better things to do home than being here, right? All right, so let's -- if the Commission would allow me to take that item out of order, we'll take -- what is it, PZ.31? Is it PZ.31 ? Lourdes Slazyk (Assistant Director, Planning & Zoning): 30 and 31. Chairman Sanchez: 30 and 31? Jorge L. Fernandez (City Attorney): Correct. Chairman Sanchez: All right. Let's go ahead and take PZ.30 so they could go home and be with their families and not have to be here. All right. City q f Miami Page 107 Printed on PI City Commission Verbatim Minutes December 9, 2004 Commissioner Regalado: While we -- oh, you're going to do it now? Ms. Slazyk: For PZs.30 and 31, I would like to introduce a member of the Planning staff, Patrick Hood -Daniel, who will be presenting this item for you. These are a companion text amendment for the NCD-2 and new SD-28 Village West Island District, with a companion atlas amendment. Patrick Hood -Daniel: Good afternoon. My name is Patrick Hood -Daniel with the Planning and Zoning Department. Chairman Sanchez: All right. First of all, before you go, is there any opposition to this item? There is opposition? You, sir. Have you checked in with the City Clerk? OK. Go ahead, sir. Mr. Hood -Daniel: Thanks. The Village West Island District is needed to promote, preserve, conserve and protect the beauty and heritage, and to improve the quality of its environment through identification, conservation, maintenance of neighborhoods, areas, sites and structures, which constitute or reflect distinctive features of the architectural, cultural, political, economic or social history of the West Grove. It is the intention to accomplish this by adopting this ordinance to implement the following: Existing residential zoning, maintains the existing regulations and adds new regulations and guidelines to encourage the Caribbean theme, and to add flexible setbacks to residential setbacks and parking. The building height. Maintain the maximum building height of 62 feet and five stories, approved on July 2003, through the NCD-2 along Grand Avenue. The Main Street character. Extends the character of the main street throughout Grand Avenue and Douglas Road. Farmer's Market. Allows operation for Saturdays and Sundays, from 8 a.m. to 8 p.m.; other special events can be established through Class I Special Permit. The Neighborhood Conservation District, Article 802, NCD-2. The existing NCD-2, approved on July 2003, will be replaced by the more extensive SD-28. The new NCD-2 will provide regulations to protect and conserve the historical character of Charles Avenue, regulations and intent, including encouraging uses related to the historical significance and demolition, requiring approval by the Department of Planning, and of any property within the conservation district. We'll be glad to answer any questions. Commissioner Allen: Yeah. Mr. Chairman. Commissioner Winton -- Chairman Sanchez: Yes, sir, you're recognized. Commissioner Allen: Yes. Yeah, Mr. Chairman. Commissioner Winton, if you could -- if you will, can you please come back to the podium? All right. This is a Special Overlay District for -- Mr. Hood -Daniel: Yes. Commissioner Allen: -- the West Grove, correct? Mr. Hood -Daniel: Yes, it is. Commissioner Allen: All right. With this overlay district, will that inevitably create additional parking? Someone -- will it affect their residential homes directly behind the district, the overlay? Mr. Hood -Daniel: No, it won't. We have guidelines in there that specifically says that we don't want to impose on those or impact the residential district, so parking is restricted in certain areas and -- yeah, it's in the guidelines, as such. Commissioner Allen: OK. Well, I guess my question is, when you create this Special Overlay District, you're -- inevitably those businesses are going to -- City of Miami Page 108 Printed on 1/11 /2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: 1 can't hear you. Commissioner Allen: -- probably need additional parking -- Mr. Hood -Daniel: Right. Commissioner Allen: -- probably need additional parking. Mr. Hood -Daniel: Right. Commissioner Allen: And I -- my concern is -- Commissioner Winton: Why are you saying "right," that you might need additional parking? Mr. Hood -Daniel: Well -- Commissioner Winton: You're saying "right." Mr. Hood -Daniel: As development happens, I mean, you're going to -- additional parking is going to happen. Commissioner Winton: Well -- Mr. Hood -Daniel: It's going to be needed Commissioner Winton: -- additional, what kind of parking? Mr. Hood -Daniel: For the businesses on Grand Avenue. Commissioner Winton: OK. Keep going, Commissioner Allen. Commissioner Allen: Yeah, so -- see, my concern is -- and 1 just need to have this cleared up. Mr. Hood -Daniel: Um-hmm. Commissioner Allen: I would assume that there are homes that are residential that are abutting just behind this special district overlay -- Mr. Hood -Daniel: Yes. Commissioner Allen: -- and that when you create these new businesses, will it inevitably create more parking that would be necessary, and will it affect those homes that are abutting -- Mr. Hood -Daniel: Right. Commissioner Allen: -- directly behind that overlay district, and would they be subject to being eminent domain for additional parking to accommodate this Special Overlay District? Commissioner Winton: No. Mr. Hood -Daniel: All right. Well, first of all, this ordinance doesn't encourage more parking, all right. I want to clear that up, because it's development that does that. Commissioner Allen: Yeah, I know. The effect of it -- Ciiy ofMlam, Page 109 Printed on L2I2005 City Commission Verbatim Minutes December 9, 2004 Mr. Hood -Daniel: Right. Commissioner Allen: -- is what I'm getting at. Mr. Hood -Daniel: Right, right, the effect, but it does have provisions in there that -- and guidelines to protect the residential district just behind that, just behind the Grand Avenue. Commissioner Allen: Yeah. Respectfully, 1 mean -- Ms. Slazyk: Let me try to -- Commissioner Allen: Yeah. Ms. Slazyk: Any new development that comes will have to meet its parking requirements, so if your concern is that development is going to move in; it's not going to provide the required parking, and then the cars are going to spill out into the neighborhood, new development will have to meet its required parking. Existing businesses there that are short of parking, this ordinance doesn't address that. Commissioner Allen: Oh, 1 see. That's -- Ms. Slazyk: That's something that, in the Center Grove, we did, using the Coconut Grove Parking Trust Fund, where people paid into a fund and, eventually, a garage was built. Commissioner Allen: I see. Ms. Slazyk: In this area, that -- we're not up to those levels yet. Commissioner Allen: Yeah, I see. Ms. Slazyk: Hopefully, new development will all provide its own parking. If they don't, they need to seek variances, and we don't have to grant them, you know, but they always have a right to ask. Existing shortages are not addressed here. It would have to be addressed -- Commissioner Winton: As we move along. Ms. Slazyk: -- in the City Code -- Commissioner Allen: Yeah. Ms. Slazyk: -- like the Trust Fund, or something else, and get DOSP (Department of Off -Street Parking) to come in and build something. Commissioner Allen: All right. Chairman Sanchez: All right. Commissioner Allen: Thanks. Chairman Sanchez: Does that answer your question? Just out of curiosity, how many people are here in support of this item, please raise your hand. In support. Commissioner Winton: Well, may I try a little different tact here? ('ay of Miami Page 110 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: And one opposition? Commissioner Winton: I see a lot of my friends from the West Grove here, and what I'm curious about -- because this -- just for the record, Commissioner Allen, this community held a major planning process five years ago, six years ago -- five years ago, I think. I think it was going on when I was running for office the very first time, so that's -- you know, I've been in office five, so it was like five and a half years ago, or something in that neighborhood, and the community went through a very significant planning process, and out of that planning process, they came up with a significant plan that they wanted implemented that would guide development in the West Grove for the next 20 or 30 or 40 or 50 years. This overlay district is nothing more than an additional piece of the implementation of that plan. We had our first NCD (Neighborhood Conservation District) public hearing that was related only to Grand Avenue year ago or six months ago that was a major fight because the developers are coming in -- carpetbag developers, I might add -- were coming in and buying up the properties and wanting to build 10-story high-rises along Grand Avenue, and the community wanted to create a Bahamian village atmosphere and that isn't high-rises, and so we had to work the developers over a little bit and make them get the appropriate religion, which 1 think they've now gotten, and so we got that overlay passed. It was a pretty bloody night, but we got it done. This is a continuation. Now, that said -- Chairman Sanchez: With a slightly adjustment. Commissioner Winton: I'm sorry? Chairman Sanchez: There's a slightly adjustment made. Commissioner Winton: Yes. That said, Jason told me a little while ago that there may be some concerns in the community about some things in this that -- may be some concerns that may be created as a result of this. He's not sure what they are. I certainly don't know what they are, and I haven't heard -- there's some question about parking on Charles, and something about somebody coming to develop something. None of that is factual, but maybe if there's someone in the audience that can put the concerns on the table, if there are any, we'd be glad to address those, but if there aren't any, we intend to -- because this is, as I said, is a continuation of that charette that was held five and a half years ago, and this is one more step in implementing the wishes of the community, as it relates to the new master plan that was created back then. That's what this implementation language or document does, but if there are issues or if there's rumors flying around out there that we need to address, let's address them right up front. Chairman Sanchez: Yeah, let's clear those rumors. Commissioner Winton: Reverend. Chairman Sanchez: And before we go on any further, Commissioner Winton, this is an ordinance on first reading. It'll be back in front of us, and we could continue to address that. Now, let's go ahead and give -- I wanted to -- that's why 1 asked who was in support because maybe they could -- Commissioner Winton: Well, I think -- Chairman Sanchez: -- come up -- Commissioner Winton: --1 think the reason you didn't get any hands, one way or another, is there must be some questions out there right now, so -- Chairman Sanchez: Well, and that's -- that really confused me a bit, so we need to get maybe -- and maybe a few people -- City of Miami Page 111 Printed on 1i11-'1005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: Well, do it. Chairman Sanchez: -- to come up and say some things, and then we'll have -- Commissioner Winton: Answer the -- let's get the -- Chairman Sanchez: Yeah. Commissioner Winton: -- issues on the table. Chairman Sanchez: All right, let's get the issues on the table. Sir, state your name and address for the record. Pastor Willie J. Leonard: My name is Pastor Willie J. Leonard, pastor of St. Matthew Community Missionary Baptist Church, and president of the Coconut Grove Ministerial Alliance . Mr. Chairman, Commissioners, it's our concern today, the reason we're here is because of the alleged parking on historical Charles Avenue, which my personally -- myself spent many, many hours in the planning of the NDC. We planned -- we worked hard, we worked diligent to plan this community. We came out like we never did before. We had University of Miami, Planning Department, and Architect Department to come in and work with us, and we just worked hours upon hours, and weeks upon weeks, and months to plan this community. We even implemented shared parking in our area, and it's just really, 1 guess, a slap in the face. Commissioner Winton: But what's the question? Pastor Leonard: The question is parking on Charles Avenue. Commissioner Allen: OK. Commissioner Winton: And what are you hearing? Pastor Leonard: Beg pardon? Commissioner Winton: What is it that you're hearing is the issue on parking on Charles Avenue? Pastor Leonard: We're hearing that there's going to be parking meters on Charles Avenue. Commissioner Winton: OK. Well, let's get that answered. Commissioner Allen: Oh, parking meters. Pastor Leonard: OK, Charles -- Commissioner Winton: Does -- is this -- Pastor Leonard. -- parking meters on Charles Avenue -- Commissioner Allen: Parking meters. Pastor Leonard: -- which we are very concerned about. Commissioner Winton: Hold on. Let's find out if that's real. I don't know if that's an issue. I'm going to let -- I'm going to look to the Planning Department right here to answer your question. (',o ofMiami Page 112 Printed on lilI'2005 City Commission Verbatim Minutes December 9, 2004 Are there, in fact -- does this contemplate, approve, or suggest that there's going to be parking meters on Charles Avenue? Ms. Slazyk: This legislation does not. This is zoning legislation that affects private property. I have not heard anything about Department of Off -Street Parking placing meters on Charles Avenue, but this legislation has nothing to do with parking meters, nor does it encourage, require, or promote parking meters on Charles Avenue -- Commissioner Winton: OK. Ms. Slazyk: -- in any way. Chairman Sanchez: All right, so that answers that. Commissioner Winton: So, let me -- Ms. Slazyk: It doesn't -- it -- Commissioner Winton: Reverend, let me add -- Ms. Slazyk: I don't know if somebody else is trying to do that, but this is not. Commissioner Winton: Wait, wait, wait. Hold on. Let me add one more piece to that, because she said she doesn't know what Department of Off -Street Parking is doing. Well, I work very closely with Off -Street Parking and I can tell you -- I'm sitting right here -- they're not putting parking meters. They've never come to me and said they want meters. I've never heard about meters on Charles Avenue, and I can tell you, they ain't getting meters on Charles Avenue, so this legislation doesn't contemplate it, allow it; has nothing to do with it. If -- the only entity that could be contemplated in that would be Off -Street Parking. They can't get -- they have to go through me to get it. Ain't getting through me, so no parking meters Charles Avenue, so that's one. Next. Pastor Leonard: OK, thank you. (Applause) Chairman Sanchez: All right. We can't have -- Commissioner Winton: Any other concerns? Chairman Sanchez: -- none of that here, all right? Commissioner Winton: Where there any other concerns? Chairman Sanchez: You've got to go to the Heat for that because the Dolphins -- Pastor Leonard: Those were my concerns. Chairman Sanchez: -- don't get claps anymore. Commissioner Winton: OK. Pastor Leonard: Thank you. Commissioner Winton: Yes, sir. City ofMiami Page 113 Printed on lit 1/2005 City Commission Verbatim Minutes December 9, 2004 Pastor Rudolph Daniels: Good evening to the Chairman and to the Commission. Certainly, I'm Pastor Rudolph Daniels, pastor of Historical Macedonia Missionary Baptist Church, and I reside in the parsonage for the 21 years I've been pastoring in just 3389 Charles Avenue, and I want to thank -- kind of woke up the Sleeping John when you talk about putting meters, but I just heard that you're not going to do that. Chairman Sanchez: No. Commissioner Winton: 1 don't think there's anybody in the City or even -- and I'm going to bring Off -Street Parking up here --1 don't think anybody's talking -- somebody started a rumor -- Pastor Daniels: Well, they started and that -- we wanted to kill -- Commissioner Winton: And -- but it isn't real. It was a rumor that somebody started, somebody that wanted to stir the pot. Pastor Daniels: Yes. Commissioner Winton: I'm going to -- here's the director of Off Street Parking. Please, let me put -- let him answer the question on the record, if he has any thought, plan or anything to put parking meters on Charles Avenue. Pastor Daniels: Because our congregations are here. They're ready to shout, Amen? Commissioner Winton: Well -- Art Noriega: Art Noriega, Executive Director, Miami Parking Authority. We have absolutely no intention putting meters on Charles Avenue, so -- Chairman Sanchez: All right. Mr. Noriega: -- that puts that to bed. Commissioner Winton: All right, so -- Chairman Sanchez: All right, we've answered that one, OK, Art. Are you content with that? Commissioner Allen: Yes. Unidentified Speaker: Yes. Chairman Sanchez: You are? OK. Commissioner Winton: OK. Moving right along. Chairman Sanchez: That has been answered. Anyone else? OK. OK, sir, please state your name and address for the record. Jeff Tucker: Right. Chairman Sanchez: And, of course, you're in opposition. Mr. Tucker: Correct. ('ity of Miami Page l di Printed on I 12005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: You've stated it. Mr. Tucker: Jeff Tucker, 3241 Florida Avenue. What I'm saying -- asking you today is to send back PZ.30 and 31 for some additional work, and the problem that I have with this -- these two items is that it's a mandatory thing, that you're trying to impose an architectural district and -- upon all the property owners there, including myself who may not want their house to look like a Caribbean -style house. Some of the items that are in this ordinance are like no round windows, no flat roofs; certain building materials you can't use. I've had discussions with the Department, with Lourdes, and have come to some of the meetings and expressed what I felt about this, and their answer is, basically, that these are recommendations, but that's not the way this ordinance is. It's a mandatory ordinance that you're imposing on the district. It's actually some form of segregation because some people may not want their house to look like that. Some people may have another idea of what architecture is, about what art is, about what free speech is, about their house, and they're going to be required to come in to you to have some hearings, and try and get their architect to come in and make little changes to the drawings and get them approved, and ultimately, its going to come back to you right here, and you're going to have neighbor against neighbor coming up and saying, you know, "I don't want that flat roof on my neighbor's house because this ordinance says we're not supposed to have flat roofs," and the other guy going to say, "Well, I just want a little flatter roof on this part, "whatever. The other thing that I have a problem with here is that you're going to take away rights that we have existing today. Obviously, today, I can get an architect and design whatever house, you know, I'd like to see architectural style, artistic style in that property. Also, there's a height limitation that we have today, which is going to be lowered, and there's frontages and setbacks, which are going to be made smaller, so certain rights that 1 have today for my property are going away, so I think that, you know, you have -- part of this is a taking because it is mandatory, and then we have to come back here and try and get changes, and et cetera, et cetera, and I'm sure you know that all these items you have are people that are going to have to come before you in the future. You're creating more regulation and more hearings for you guys, eventually. Now, my suggestion is this: Send this back -- 1'm not -- I don't have a problem with saying this is a style that we like in this neighborhood, but I wouldn't like it to be mandatory. Id like you to say, OK, the City of Miami is behind this and -- the City of Miami is behind this. We're going to help you people who would like to have that style. We're going to give you some architectural advice, or we're going to give you a bonus of 500 extra square feet if you build your house to look like the way this ordinance says, or we're going to give you something special if you, you know, help these -- your neighborhood look -- a Caribbean house, but I'm really opposed to you creating more regulation on our freedoms to build our own house the way -- style we'd like them to look, and so I would like you to send that back and have them make this more of a voluntary thing, maybe with the City as helping them with bonuses, if they do that. Commissioner Winton: OK. Chairman Sanchez: All right. Thank you so much. Ms. Slazyk: That's not true. Commissioner Winton: Lourdes. Ms. Slazyk: That's not true. Commissioner Winton: Please respond. Chairman Sanchez: All right. Ms. Slazyk: At the Planning Advisory Board, that item was actually discussed, and as a result of the Planning Advisory Board, in Section 628.9, which -- of the ordinance, which is the ('ity of Miami Page 115 Printed on 1.11/2005 City Commission Verbatim Minutes December 9, 2004 Architecture and Urban Design Guidelines -- 1'll read you the exact words: "The guidelines contained herein may be waived or modified by Class 11 Special Permit, if, through the Class II Special Permit process, the Planning Director finds that the requested modifications result in a project that is consistent with the intent of this section. In R-1 and R-2" -- which is the single- family and duplex homes -- "the guidelines are voluntary. No waiver shall be required in R-1 or R-2 district if the guidelines are not followed," so there is not even a Class II re -- Commissioner Winton: There's not -- there's nothing. Ms. Slazyk: It's completely voluntary for R-1 and R-2. In the commercial districts, we have a series of very detailed guidelines in here, and through the Class II process, if something looks right, even though its not exactly what the guidelines said through the Class II process, which is required, we will, you know -- Commissioner Winton: We're not having a debate. Ms. Slazyk: -- make sure that the spirit is adhered to, but it's -- R-I and R-2, it's voluntary. It says right here, "are voluntary." Commissioner Winton: Crystal clear in the -- Ms. Slazyk: Yeah. Commissioner Winton: -- document. Mr. Tucker: That's been changed. Chairman Sanchez: Now, sir -- Ms. Slazyk: It changed from Planning Board. It's in -- it's been in this package for ten days. Chairman Sanchez: Sir, sir, you're out of order. Ms. Slazyk: OK. Chairman Sanchez: All questions must come through the Chair, and you need to come up and state your name for the record. Ma'am. Yvonne McDonald: Yvonne McDonald, 3672 Grand Avenue. I'm the director of the Urban Empowerment Corporation, and I have been -- our agency has been one of the leading agencies in the community, from the very beginning, working to have this NCD come to fruition for the Village West Coconut Grove community. 1-- first of all, I want to thank Commissioner Winton for all of his efforts in working with the community to help us have our vision of how we would like to see our community in the future, and 1 want to also acknowledge the community and their hard work. Its represented here today by all the people who are here. As you can see, we have a very active, proactive community. The minute that there's a rumor about anything in our community, we come out, and we say what we feel and what we think, and so today, that rumor about parking lots or parking meters on Charles Avenue has been squashed, and I hope that the community is very comfortable with what you've heard today, because from the very beginning, this initiative has been to preserve our community, to deal with the issue of gentrification. We know that Coconut Grove right now has changed overnight, and properties have changed hands, and so when we saw that coming, we decided, what we needed to do was to preserve the heritage that has been in our community for over a hundred years, and that's what this is all about. It's about making sure that another a hundred years from now, there will be some black folks in Coconut Grove, quite frankly, OK. (7ry of Miami Page 116 Printed on Li 1/2005 City Commission Verbatim Minutes December 9, 2004 (Applause) Chairman Sanchez: Thank you. Ms. McDonald: So in doing that, we decided that what we wanted to do was to stick with our Bahamian heritage. We worked on Grand Avenue, and as Commissioner said, it wasn't easy, but we were able to have five stories as our height limit because we know that that's very important to us. We do not want to have 20-story buildings on Grand Avenue. There will be no encroachment on the Charles Ave -- on the Thomas Avenue street or Florida Avenue. All those residential homes that are abutting Grand Avenue will not be touched. As far as the parking, we recognize the parking is going to have to take place, and we're also working on that. There are some properties along Charles -- along Grand Avenue that possibly, in the near future, could be used as a parking lot, but to get to the reason why we're here today. We're talking about three issues with the phase of the NCD: Historic preservation of Charles Avenue, which is 100 years old. We want to preserve that street. This will make sure that any properties that are in a position where they can be designated as historic, which a lot of those properties on Charles Avenue are over 50, 60, 70 years old -- the Mariah Brown house is ren -- being renovated right now. There will be a museum for our community. We want to preserve that and make it a historic site. The other properties -- a cemetery and other family homes -- on Charles Avenue that we hope those families will preserve it, so this NCD will do that for that street. It will also give us an opportunity to designate possibly the whole street as our historic street. That's what - - one of the things. The other thing is about the zoning. It's very, very important right now that we have the zoning as it is. There are a lot of R-1 properties in Coconut Grove, and this NCD, Phase 1I, will preserve that. 1t will keep the zoning as it is, so that any person that comes into our community and wants to purchase a property, they know, when they purchase it, that it's zoned R-1, R-2, R-3, and it will remain that. In the very, very far future, hopefully, you know, 20, 30, 40 years from now, anyone who wants to change the zoning will have to go through a lot of hard work to do that, and the community, of course, will stand up and say no, and the other part of the NCD is the parking, so I'm here this evening to say to you, we've done our work. The PAB (Planning Advisory Board) Board passed it unanimously at the second reading in support of our NCD, and so I'm asking you, Mr. Chairman and Commissioners, to support the community and pass this on first reading in support of the Neighborhood Conservation District for Village West Coconut Grove. Thank you. Commissioner Winton: So moved. Chairman Sanchez: Wait, wait. Commissioner Allen: Second. Chairman Sanchez: OK. There's a motion by Commissioner Winton, second by -- Commissioner Winton: Well, what else needs to be said? Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen. It is open for discussion. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I just wanted to say that the first conservation district was done in District 4, in my district, in Coral Gate, and I am surprised. 1 am surprised that you're here to defend this that we're doing, which we should thank you for what you're doing because you're trying to preserve an area that is part of the history of the City, an area there is -- I mean, older than any -- probably any other area, except downtown Miami, and yet, you have to defend this. Coral Gate became a conservation district because, like you, all of the neighbors wanted it, and now everybody who's buying a house or any lot in Coral Gate Co); q(Mium, Page 1l7 Printed on 1/I1/2005 City Commission Verbatim Minutes December 9, 2004 has to understand that they have to follow the rules or don't buy it. If you don't like what the West Grove is and will be, just don't go there, don't invest there, but don't think of going to the West Grove to buy another lot and trying to get a new high-rise. I mean, we were -- I was listening to regulations. If you go to Coral Gables, you cannot paint your house -- Unidentified Speaker: A certain color. Commissioner Regalado: -- of the color that they don't want, so I mean, you know -- (Applause) Commissioner Regalado: Oh, no. No, 1 was saying, 1-- Chairman Sanchez: I've got a job to do. I've got to refrain you from doing that, you know. Commissioner Regalado: Just -- Chairman Sanchez: It's a tough job I got, but I've got to do it. Commissioner Regalado: -- just to tell you that last year, we did Coral Gate as a conservation district. It has worked very good. In fact, more people are trying to move and buy homes because now they know that it's going to be a residential historic area, so congratulations and thank you for your support to your community. Chairman Sanchez: All right. There is a motion and a second. It is an ordinance on first reading. No further discussion from the Commission. Mr. City Attorney, read the ordinance on first reading. Mr. Fernandez: Yes, PZ 30. The Ordinance was read by title into the public record by the City Attorney. 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, 5/0. PZ.31 04-01279a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING PAGE NOS. 46 AND 47 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY: 1) ADDING THE SD-28 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY BOUNDED BY BIRD ROAD AND US-1 ON THE NORTH; 32ND AVENUE ON THE EAST; FRANKLIN AVENUE (INCLUDING THE BLOCK SOUTH OF FRANKLIN BETWEEN HIBISCUS AND PLAZA STREET), AND CHARLES TERRACE ON THE SOUTH AND THE CITY LIMITS ON THE WEST (SEE COMPLETE LEGAL DESCRIPTIONS AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBITS A AND B AND MADE A PART THEREOF); MIAMI, FLORIDA; AND 2) MODIFYING THE BOUNDARIES OF THE NCD-2 CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT FROM GRAND AVENUE TO ('ity o_fMiami Page 118 Printed on U11'2005 City Commission Verbatim Minutes December 9, 2004 CHARLES AVENUE BY REMOVING THE NCD-2 OVERLAY ALONG ALL PROPERTIES LOCATED ALONG GRAND AVENUE AND FURTHER ADDING THE NCD-2 OVERLAY TO ALL PROPERTIES FRONTING CHARLES AVENUE FROM DOUGLAS ROAD TO MAIN HIGHWAY (SEE COMPLETE LEGAL DESCRIPTIONS AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBITS C AND D AND MADE A PART THEREOF) MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SERVERILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01279a Fact Sheet.pdf 04-01279a Zoning Map A.pdf 04-01279a Aerial Map A.pdf 04-01279a Zoning Map B.pdf 04-01279a Aerial Map B.pdf 04-01279a PAB Reso.PDF 04-01279a Legislation.PDF 04-01279a Exhibit A.PDF 04-01179a Exhibit B.pdf 04-01279a Exhibit C.PDF 04-01279a Exhibit D.pdf REQUEST: To Amend Ordinance No. 11000, 1) To Add the SD-28 Village West Island Special Overlay District to All Underlying Zoning Classifications and 2) To Modify the Boundaries of the NCD-2 Charles Avenue Neighborhood Conservation District, to Change the Zoning Atlas LOCATION: 1) The Area Generally Bounded by Bird Road and US-1 on the North; 32nd Avenue on the East; Franklin Avenue (Including the Block South of Franklin Between Hibiscus and Plaza Street), and Charles Terrace on the South and the City Limits on the West; and 2) The Area from Grand Avenue to Charles Avenue by Removing the NCD-2 Overlay Along All Properties Located Along Grand Avenue and Further Adding the NCD-2 Overlay to all Properties Fronting Charles Avenue from Douglas Road to Main Highway APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-01279. PURPOSE: This will change the above properties to 1) SD-28 Village West Island Special Overlay District and 2) modify the boundaries of the NCD-2 Charles Avenue Neighborhood Conservation District. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. PZ3I is the companion atlas City of Miami Page 119 Printed on PI City Commission Verbatim Minutes December 9, 2004 amendment, and actually, the City Attorney did just remind me to just one -- by way of explanation, what you did a while ago on Grand Avenue is apply NCD-2. What this does is it repeals it and creates a new NCD-2 on Charles Avenue, and overlays a new special district on all of West Grove, so that's why you heard the word "repeal" and enact the NCD-2. Its being moved to Charles, with an SD (Special District), for their -- all of West Grove. That being said, PZ.31 is the companion atlas amendment. Commissioner Winton: So moved. Chairman Sanchez: All right. It's a companion item. There's a motion. Commissioner Allen: Second. Chairman Sanchez: Is there a second? There's a motion and a second Before we -- anyone from the public wishing to address the Commission, please step forward. Seeing none, hearing none, public meeting is closed. There's a motion and a second. Any further discussion from the Commission? If not, it is an ordinance on first reading. Mr. City Attorney, read the ordinance into the record All right. Madam Clerk, roll call. Jorge L. Fernandez (City Attorney): No. I need to continue reading here. I just need to see where I left off. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Are you done, Mr. City Attorney? Mr. Fernandez: I think so. 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. Chairman Sanchez: It passed on first reading. Congratulations. Ms. Thompson: It passes, 5/0. Commissioner Allen: Great. Chairman Sanchez: All right. Happy holidays to all. Commissioner Allen: Yes. Chairman Sanchez: Please, on your way out, keep your noise down. Good night. The following item shall not be considered before 5:00 pm. PZ.32 04-01207 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), DENYING THE APPEAL BY THE PALM GROVE NEIGHBORHOOD ASSOCIATION AND ANDREW DICKMAN, ESQUIRE, AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS THE CLASS II SPECIAL PERMIT APPLICATION NO. 04-0157 ('fry of Miami Page 120 Printed on 1711 2005 City Commission Verbatim Minutes December 9, 2004 ISSUED ON JULY 15, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 7460 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 04-01207 Exhibit A.pdf 04-01207 Fact Sheet.pdf 04-01207 Zoning Map.pdf 04-01207 Aerial Map.pdf 04-01207 ZB Appeal Letter.PDF 04-01207 ZB Reso.PDF 04-01207 Class II Appeal Letters.PDF 04-01207 Class II Final Decision.PDF 04-01207 Class II Referral.PDF 04-01207 UDRB Reso.PDF 04-01207 Legislation a.PDF 04-01207 Legislation b.PDF 04-01207-Submittal-1. pdf 04-01207-Submittal-2. pdf 04-01207-Submittal-3.pdf 04-01207-Submittal-4. pd f 04-01207-submittal-site plans.pdf 04-01207-submittal- E-mail.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0805 Chairman Sanchez: All right. I've been advised that they're switch -- they're turning the Christmas tree on at 7, so we need to be out there maybe 6:50. Commissioner Winton: Rock and roll, baby. Vice Chairman Gonzalez: Right. We got 45 minutes. Chairman Sanchez: All right, so we've got 45 minutes. What -- Vice Chairman Gonzalez.: Let's -- can we get -- Jorge L. Fernandez (City Attorney): We're at 32. Vice Chairman Gonzalez: -- PZ.27? Chairman Sanchez: 32? Vice Chairman Gonzalez: It's going to be -- Mr. Fernandez:: Yes. Chairman Sanchez: Which one? Vice Chairman Gonzalez: 27 is going to -- 26 and 27 are going to be noncontroversial. Chairman Sanchez: Is 27 a controversial one? ('ity of Miami Page 121 Printed on 111-'2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: No. Commissioner Regalado: They've got to do the -- Lourdes Slazyk (Assistant Director, Planning & Zoning): 20 -- Commissioner Regalado: -- 5 p.m. -- Ms. Slazyk: 20 -- Commissioner Regalado: -- time certain. Chairman Sanchez: OK. Vice Chairman Gonzalez: Oh, OK. Ms. Slazyk: Yeah. OK. Chairman Sanchez: All right, sir, you're recognized. Ms. Slazyk: 32 is an appeal of a Class II Special Permit. Chairman Sanchez: So it's an appeal? Ms. Slazyk: The City Commission already heard the testimony on this and continued it. Chairman Sanchez: Oh, no, we've heard the public -- Ms. Slazyk: So this is the continuation. Chairman Sanchez: OK, so this is the -- the public hearing has -- OK. Andrew Dickman: Good evening, Mr. Chair, Commissioners. Andrew Dickman, law offices at 9111 Park Drive, in Miami Shores, Florida. I'm representing the homeowners -- a group of homeowners in Palm Grove neighborhood. Specifically here on this appeal would be Abbie Cuellar and Eileen Bottari, but just to absolutely be clear, that this is a group of homeowners that have gotten together. It is not the Palm Grove Civic Association that is incorporated in that area. It's a little different. You'll recall that we met with you all here on the 18th. We have brought our appeal before you. You asked that we get together with the developer at that meeting, so it was -- been continued. On November 30th, we did meet with the developers, and the short story is that we've come to an agreement on a number of items, and have agreed to disagree on one big item. Let me just very quickly go into -- the issues here are that this is a C-1 lot with a R-2 lot on Biscayne Boulevard. The building itself abuts the Palm Grove neighborhood, and the sensitivity is that the Palm Grove neighborhood are comprised primarily of single-family homes. It's an old neighborhood, and a lot of the neighborhood residents that I've been employed by are concerned about the height and scale of this building right up against the neighborhood. We have asked that the developer totally exclude from the project the R-2 lot that it is using to enhance its 45-degree angle. As you'll recall, in the new SD-9 zoning, it requires a 25-foot height limit abutting the R -- anything that's residential, 1 think, up to R-3, I believe, or R-2, and then starting at a 45-degree angle, it has to keep under that, and this developer has a R-2 lot. 1 belief it's 50-foot wide lot in the back that it's using in order to bring forward -- perhaps, Mr. Pastoriza has those diagrams that you can see. The essence of this is, we've asked them to go ahead and move the building forward to the boulevard and not use the R- 2 lot. In addition to that, to also enhance the landscaping on the rear part of the building, the ('ity o Miami Page 122 Printed on 1/11i2005 City Commission Verbatim Minutes December 9, 2004 west side of the building, which is the side of the building that my clients are going to primarily be looking at. Fortunately, they've agreed to do that. They've agreed to also, I believe, include some type of a -- perhaps in the condominium documentation, to require lower wattage lights on the west side of the building because there's a lot of terraces and outdoor lighting, as well as a pool area, to try to minimize the glare effect or any kind of echo effect that might reverberate out into the neighborhood. They have redesigned the back end or the west end of their project, which we are very grateful of and just to get to the crux of this is that we feel -- we still feel the height of this building is too high. My clients feel that eight stories on this lot would be about as much as they can accept, in terms of the building, and the reason being is that when you look at the as -built context -- and you could see our diagrams up here for you -- you can see what this building would look like in the as -built -- the context of the as -built area. You can also look in the developer's own plans. This is on A 1, where it shows the context with paragraphs. Everything is existing two-story, existing one-story, existing single-family residential. Everything around this is, in fact, one and two stories. Granted, the zoning here does allow for higher development, and my clients are willing to live with a larger development, but nothing to the size and scale that the developer is proposing. Again, we appreciate the fact that they have been willing to redesign. They indicated that they would be willing to move the entire development onto the C-1 lot and put the R-2 lot back into the neighborhood, essentially a wall with landscaping so that it was clear that the neighborhood delineation would be right on the zoning boundary between the residential and the commercial. They've agreed to certain things in the back end of the building, which we appreciate, but again, just to cut right to the chase, you know, our issue is the height on this. We'd like that they move it forward. They're going to ask for more height. We want eight stories, and that's essentially where it is. Commissioner Winton: What is -- Commissioner Allen: So, Mr. Dickman -- Commissioner Winton: How many stories is it? Gil Pastoriza: Eleven. Commissioner Winton: How many? Chairman Sanchez: Eleven? Mr. Pastoriza: Eleven stories. Commissioner Winton: I can't hear you. Mr. Pastoriza: Eleven stories. Mr. Dickman: Eleven stories. Commissioner Allen: Right. If I may, Mr. Chairman, and you said something very operative. I remember from our last discussion -- Mr. Dickman: Um-hmm. Commissioner Allen: -- so I did suggest moving it -- Mr. Dickman: Yes, you were -- Commissioner Allen: -- more to the east -- Cay of Miami Page 123 Printed on 1,11--2005 City Commission Verbatim Minutes December 9, 2004 Mr. Dickman: That's right. Commissioner Allen: -- 50 -- did they accommodate you? Mr. Dickman: That's -- we -- you know, that's what we talked about. That's -- in our discussions on the 30th, we talked about that. Commissioner Allen: So -- Mr. Dickman: They seem to be in agreement with that. I'm sure that they -- I'm not -- Commissioner Allen: OK. Mr. Dickman: -- sure we have a firm agreement on it. Perhaps, the developer would like to -- Mr. Pastoriza: Yeah. Mr. Dickman: -- go ahead and answer that question real quickly. Mr. Pastoriza: If I could, let me -- can I distribute what we're presenting tonight? Chairman Sanchez: All right. Counsel, the format is, you will have your opportunity -- Mr. Dickman: Yeah. If I could -- Chairman Sanchez: He will have his opportunity, and then you will have your opportunity to rebuttal. Mr. Dickman: Right. Why don't I go ahead -- Gil, if you don't mind, why don't I just go ahead and make my presentation. We'll just follow the -- so that the record's clear, if you don't mind. 1 know that, Commissioner, you answered a question -- you asked a question. I'm sure that --1 don't want to answer the question for him -- Commissioner Allen: Yeah, right, right. Mr. Dickman: -- because I'm not sure we have a total agreement on it, even though the discussions were going in that direction. That's the short answer. Let me just state for the record, our position is that the SD-9 is not an entitlement to the community -- to the developers; that it's a maximum development capacity, in that the Section 1305.2 and the City's Comprehensive Plan ensures that the City and the neighborhoods will look at other things besides just the SD-9 to fit these buildings in on sites, and what you have to look at is the as -built area to try to find a scale that is compatible with the neighborhood. You must consider the as - built area, as well as considering the SD-9. I do have a number of -- couple of neighbors who are here, who would like to speak very briefly, if they could, on this matter, and I specifically want to -- we've got our exhibits totally blocked. Mr. Pastoriza: Oh, sorry. Vice Chairman Gonzalez: All right. Mr. Dickman: One gentleman I do want to introduce is Miguel Antonetti, who's a neighbor in the area, and in fact, he lives at 55 -- or 555 Northeast 7lst Street. I'd like for him to speak for a moment, and while he does that -- 74th Street -- I'm going to point out where he lives while he's speaking. ( "ity of Miami Page 124 Printed on 1 /11 2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: All right. Miguel Antonetti: Hello, good evening. Miguel Antonetti, 555 Northeast 74th Street. I would like to be in front to, you know, point with my finger very much what's -- Commissioner Allen: You have the mike -- Mr. Antonetti: Can I? Commissioner Winton: OK. Mr. Antonetti: A mobile. Commissioner Allen: It's over there. Mr. Dickman, he may need the microphone, in which he could walk with -- speak, if it's over there with you. Commissioner Winton: Right here. Commissioner Allen: Thank you. Mr. Antonetti: Hello. Thanks. Where's that other picture, where my house is? Well, this my house, right, the orange one, with the blue doors, right over here, and -- well, you know, it's our first house, as you know. It's our home, and it's very pretty, and what I was telling Eileen and Charles, before -- if I would have known -- if we would have known when we bought it, ( UNINTELLIGIBLE) this was going to happen, we would have never even consider working around the house, you know, and it's very sad. We have a two -- 15-months daughter, and we're planning for our next child, and we couldn't be more sad that we are -- there is a potential threat to the value of our house, let's say -- property, I wanted to say. I'm sorry. It would be also -- I mean, it would be excellent that we will have a development over there that actually increase the value of our house, which is what we were said, you know. The value of the house is going to increase 20 to 30 percent in the next few months. This is very scary, and I fear for my family's future, and the next five to ten years doesn't look as they were looking when we moved over there . I really appreciate you family people to please put yourself in our shoe. Commissioner Allen: So you're totally -- you're not in favor of the project, at all, or a scaled - down version? What's your position? Mr. Antonetti: As long as it doesn't violate our privacy, 1 agree with it, 1 welcome it, because it will bring value to our -- Commissioner Allen: Right. Mr. Antonetti: -- properties and neighborhood. Commissioner Allen: So the height, as well? Mr. Antonetti: This way is scary because our patio and our dining table, and my daughter's room is going to be exposed to people's balcony, so you know, it's like I've been thinking what to do to sell the house. To put trees. I cannot fool anyone and not tell them, you know, about this, if I'm going to sell the house. I've got to be honest, so it's very scary, and you know, I just commend for your -- Commissioner Allen: Right. Mr. Antonetti: Right. Thanks very much. City ofMiami Page 125 Printed on I;11'2005 City Commission Verbatim Minutes December 9, 2004 Vice Chairman Gonzalez: All right. Thank you very much. Yes, ma'am. Commissioner Winton: What side of the building are you on? Vice Chairman Gonzalez: I believe in the rear of the building. Commissioner Allen: If you can point out to Commissioner Winton -- Mr. Antonetti: I'm sorry? Commissioner Winton: What side of the building, is that the north? He's on the west side? Unidentified Speaker: South side. Commissioner Winton: Or behind it? OK. Mr. Antonetti: We're over here, sir. Commissioner Winton: Well, 1 see that. 1 don't know what direction it is. Mr. Antonetti: And the building is on our -- right. We're over here. Mr. Dickman: It's to the south of you. Mr. Antonetti: Right, would be on our north view. Mr. Dickman: You're on the south side of the building. Mr. Antonetti: Right, exactly. Commissioner Winton: He's on the south side of the building? Mr. Antonetti: So be on our north. Commissioner Winton: Got it. Mr. Antonetti: Exactly. Commissioner Winton: Got it. Got it. Mr. Antonetti: You have a good night. Thanks very much, sir. Vice Chairman Gonzalez: Yes, ma'am. Eileen Bottari: Eileen Bottari, 505 Northeast 76th Street. I've lived in Palm Grove for 21 years. I participated in the negotiations with our attorney, Andrew Dickman, and also Abbie Cuellar. She's not here tonight. She's very ill, so she's at home, but I really speak for two -- the both of us. We were very happy with the agreements for the back of the building. You know, we're -- what they've agreed to do, and overall, all of the people that are supporting us in the neighborhood -- everyone I spoke to, the issue is height. We -- and we're asking that they bring the building down to eight stories. Commissioner Allen: Eight stories. City of Miami Page 126 Printed on 1i11%2005 City Commission Verbatim Minutes December 9, 2004 Ms. Bottari: OK. Thank you. Vice Chairman Gonzalez: Thank you. All right. Mr. Dickman: OK. Vice Chairman Gonzalez: You done? Mr. Dickman: That will -- I'll conclude with just the three points: That we want the building moved east 50 feet to exclude the R-2; that the west end design changes that were discussed at our meeting would be adopted, and that the building be brought down to eight stories. I'd like to reserve a few minutes for rebuttal, if I can, thank you. Vice Chairman Gonzalez: All right. Mr. Pastoriza. Mr. Pastoriza: Mr. Chairman, thank you. Gil Pastoriza, 2665 South Bayshore Drive, 4th Floor, Miami, Florida, and 1 would first start out by saying that this project was -- the application for the Class II Special Permit project, and that's what we're here on. We're here on an appeal of a Class II Special Permit. This project does not have any bonuses; does -- it's not -- did not seek any variances. Did not seek any of those things. We went straight for a Class II Special Permit. That's all we did. When we submitted our application for the Class 11 Special Permit, we submitted our application before the SD-9 regulations were in place, so according to your own Code, according to your own Code, which is Section 2105.4.1, we did not have to comply with the SD-9 regulations because we submitted the complete application prior to the SD-9 regulations being in place. Notwithstanding that, we went ahead and we did comply with the SD -9 regulations, and I want to take you through the various steps that we've done; how this project has evolved from day one to today. On day one, we came in with this particular project here that you see, which was a project that was under the C-1 SD-9 prior regulations. That project had a height of 150 feet, had 77 units, and had an FAR of 96,800 square feet. As we moved along the process, the SD-9 was beginning to be formulated by this Commission, with the help of the neighbors and with the help of the developers. I spoke with my client. My client says, "Gil, let's bring this project down and let's comply with the SD-9 regulations, " so we went -- this other project came to the UDRB (Urban Development Review Board), but here is the project that got approved with the Class 11 Special Permit. That project that got approved with the Class 11 Special Permit, which is what is being appealed here tonight, is a project that lowers the height to 120 feet -- Commissioner Winton: From what? From 150? Mr. Pastoriza: From 150. It also had -- lowered it -- it's a 20 percent reduction. Then it lowered the units from 77 to 67, which is a 13 percent reduction, and there was a reduction on FARs (floor area ratios) of 83,600 square feet, or a 15 percent reduction. Mind you, that the ordinance, the SD-9 ordinance allows this property -- this is one of the properties on Biscayne Boulevard that has a very deep -- it's a deep lot, it's a deep lot, and accordingly, your ordinance allows this property to go to 120 feet in height. 1 give you here, just for your -- just so that you can see the -- on a drawing, the -- this is the old building. Commissioner Winton: Could I ask you a -- now -- Mr. Pastoriza: Yes. Commissioner Winton: -- our current SD-9 ordinance allows for -- Madam Planner, our current SD-9 ordinance allows for a height of 120 feet on this site? Ms. Slazyk: On properties that were -- remember, when we -- City of Miami Page 127 Printed on 1.%11/2005 City Commission Verbatim Minutes December 9, 2004 Commissioner Winton: Yes, I remember very clearly. Ms. Slazyk: -- were talking about the deeper properties on the boulevard, 120 feet was the maximum height. Commissioner Winton: Got it. Ms. Slazyk: Otherwise, it was the 7 and 8 stories -- Commissioner Winton: Yes. Ms. Slazyk: -- 85, 95 feet. Commissioner Winton: OK. Thank you. Mr. Pastoriza: And just to give you an idea, this is the amount of building that we have eliminated -- Commissioner Winton: OK. Mr. Pastoriza: -- through this process. When we met with the neighbors -- and let me tell you, 1 am very appreciative of Mr. Dickman, Ms. Cuellar, and Ms. Bottari, and they gave us some very good input. We tried to bring into our project some of those concerns. Specifically, what we did is, we really treated the west facade of our building, which is the facade that will be facing those units, the most -- we focus -- really focus on that. Here is an evolution of that facade, so that you can take -- so that you can see how we -- where we've gone. This was the facade with the original 150-foot high building. This is the facade with the Class II Special Permit, and this is the facade with the -- addressing the neighbors' concerns. What we did, Commissioners, is that we took a chunk of this building back in here, OK. We took it out and what we did, we created like a step approach, kind of like what we have across the street from us, a pier approach. We also redefined the height at the top, cut it down some, so that we have a west facade that really, with the landscaping, the heavy landscaping that we're going to provide, really mask, completely mask that facade from the neighbors. I would like you -- to take you through some of the other requirements from the SD-9 ordinance so that you can see that we meet those requirements, too. Remember, we didn't have to do this, but we're doing it. An issue has come up about moving the building to Biscayne Boulevard, and I think this is a point that needs to be brought out. We are dedicating to the City of Miami 12 feet all along Biscayne Boulevard, all along the frontage of our property, for the expansion of Biscayne Boulevard, whenever that comes. That -- those 12 feet, we could have -- if we didn't have to dedicate those 12 feet, we could have moved this building 12 feet more. That dedication, we estimate, has a value of about $100,000. We are giving it to the City of Miami. Commissioner Winton: But would you be willing to move it up the 50 feet -- Mr. Pastoriza: We can't move it up anymore -- Commissioner Winton: -- minus the 12? Mr. Pastoriza: -- and I'll tell --1'll tell you, we can't move it up anymore because we are right on the property line now. Unidentified Speaker: Case closed. Mr. Pastoriza: We're right on the base building line. Your ordinance, your SD-9 ordinance City ofMiami Page 128 Printed on 1'1l%2005 City Commission Verbatim Minutes December 9, 2004 allows projects that front on Biscayne Boulevard to have a zero setback, if you provide an arcade. We are providing the arcade, and therefore, our setback to Biscayne Boulevard is right on the boulevard. Commissioner Winton: OK. Mr. Pastoriza: The side street setback, which runs all along Northeast 75th Street, your ordinance provides for a minimum -- from zero to -- zero minimum to a maximum of ten feet. Our project has an eight and a halffoot all along the Northeast 75th Street, plus some additional setbacks when we come into some of the stairs. The site property line -- that was the street side - - the site property line, the interior side, your ordinance allows you to go to zero, when you have a district that is the same district as yours. All of our setback, we have a C-1 property that buffers us from one of the neighbor's houses that -- the gentleman that spoke here, so we could have gone to zero all the way down to here. We have anywhere from six and a half to eight and a half all along that property line, so we exceed -- oh, and at the rear. At the rear, your ordinance has a 10 foot requirement. Our building is setback from the C-1 lot -- even though we own the R-2 lot, and it's all one property -- is setback 16 feet. Commissioner Winton: Now, explain that. Your setback -- so your building isn't on the R-2 at all? Mr. Pastoriza: No, no. Our building -- Commissioner Winton: And it's setback -- so it sets back 16 feet -- Mr. Pastoriza: Our building is -- Commissioner Winton: -- to is east of the R-1 -- R-2? Mr. Pastoriza: R-2. Commissioner Winton: OK. Mr. Pastoriza: Our building is 66 feet east of our property line. Commissioner Winton: OK. Mr. Pastoriza: Of our property line. Liners. Your ordinance requires liners. We have fully lined Biscayne Boulevard with habitable space, and we have treated the 75th Street facade so that it does appear that we have a parking garage there. The garage access. Your ordinance says that if your property fronts on Biscayne Boulevard and you have a side street, your access has to be on the side street. That's what we have, because they wanted Biscayne Boulevard to be pedestrian friendly. We are also preserving one of the big old trees that is in the property, that is pretty much somewhere around in here. We are relocating that to the back, and we're providing additional landscaping, as we had agreed to with our neighbors. If the Public Works will allow us, we are also intending to do a median on 75th Street and landscape that median, if allowed by the Public Works Department. We did -- we conducted a shadow study, and I think that you have that as part of your package -- and after 10 a.m., all the shadows are contained totally within our property. This project also complies with Section 907.3.2 of your Zoning Ordinance 11000. Again, 1 would just like to remind you that, voluntarily, we have gone ahead and we have complied with the SD-9 regulations. This is not an assemblage. We bought this prior to -- your ordinance is very specific. Your ordinance has a date. It says that properties that were 150 feet deep in April 29, 2004. We bought this property way before 2004. The record should reflect that. 1 put some of that into the record the last time: We've done this voluntarily. I would also like to remind you that the burden is on the appellant. The appellant has the burden to show that City al Miami Page 129 Printed on 1/11i2005 City Commission Verbatim Minutes December 9, 2004 your Zoning Director -- your Planning Director acted wrong when she issued her permit. I submit to you that she did not; that she followed your 1305 on all your criterias [sic]. He has to show that the Zoning Board acted wrong when they denied the appeal the first time. Zoning Board, on the contrary, I think the Zoning Board acted properly. There is no substantial competent evidence on this record to support the approval of this appeal, and I would ask this Commission that if you are supportive of the Class II Special Permit, and if you think that the changes that we've made, which are the changes that we have told the neighbors that we were going to make, if you think those changes have merit, I would ask that you approve the Class II Special Permit, subject to the modifications as per the plans that we have distributed to you today. Thank you, sir. Chairman Sanchez: Thank you, counsel. Counsel, time for rebuttal. Mr. Pastoriza: Oh, wait a minute. One second, please. Chairman Sanchez: Yes. Mr. Pastoriza: Mr. Knoefler, who is the principal, would like to read a letter into -- oh, he's here I'm sorry. I'm sorry. Go ahead, sir. Chairman Sanchez: OK, Bob, step up to the mike. Bob Flanders: Good evening, Commissioners. Priscilla A. Thompson (City Clerk): Excuse me, Commissioners. Mr. Flanders has not been sworn in. Chairman Sanchez: Oh. Well, need to get him sworn in. Commissioner Winton: Joe, (UNINTELLIGIBLE) sworn in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Mr. Flanders: Good evening. It's good to see you, and I'll be very quick. For the record, I've polled several of the -- Commissioner Winton: Name and address. Mr. Flanders: Oh, I'm sorry. Robert Flanders, 720 Palm Bay Lane, Miami, Florida, 24 years. I've polled several responsible community leaders in Palm Grove, which is where this project is sited, including the former and the presidents of the Palm Grove Neighborhood Association, and I wish to add my name as a supporter of this project, as now proposed by Stone Street Developers. Mr. Knoefler has met many times with the neighbors, and has clearly addressed their concern by amending the original project to accommodate changes that clearly enhanced the project's desirability in the Upper East Side. As all of you know, some of us in the Upper East Side have been working together with you, City staff and the County for over ten years. We participated in the August '96 charette, which addressed the physical and fiscal rehabilitation of the boulevard, then known as the "Street of Broken Dreams." Our success in reversing the tide of neglect and history of public prostitution, drugs and other crimes that tarnished the Upper East Side's reputation for years is well publicized, and finally, we have developers who are City of Miami Page 130 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 willing to step up to the plate, take a risk, and invest millions in the area. Our vision of redeveloping the Upper East Side, which we created at the original boulevard charette in '96, and as amended by the zoning charettes, which address the allowable height of new construction on the boulevard, is becoming a reality, but in fact, the boulevard may be DOA, dead on arrival, if the current situation of unreasonable, illogical, and inflexible challenges to every project is not addressed. Most of the people who are opposing development of any kind simply do not have a vision for what they would like to see. We need some leadership from you, our elected officials, in order to create another charette for the future look of the boulevard. 1 understand Miami 21 may be the vehicle. The boulevard is a substandard street size -- you know, it's too small. The physical road is too small, and so are the lots that abut the boulevard, OK. When the boulevard was conceived in 1925, parking was not anticipated as the gigantic problem it is today; yet, the neighborhoods that border the boulevard are large, and we need a strong base of support businesses lining the boulevard, not empty lots and decrepit motels. It is time to bring all the elements of the community together in this open and transparent master plan process that takes advantage of the current wave of interest on the boulevard before it dissipates into a swamp of misguided confusion, well-meaning misrepresentation, and lack of vision. Thank you, gentlemen Chairman Sanchez: Thank you, Bob. Counsel. Oh, there's more? Oh, OK. Sorry about that. Donald Wilson: Hi. My name is Donald Wilson. I'm the president of the Palm Grove Neighborhood Association. 1 reside at 7460 Northeast 5th Avenue, which is directly one block west of the project. First of all, I would like to commend the developer on all the actions that he's actually taken in the past couple of weeks since our last hearing. He's been very proactive to try to take the concerns of the neighbors, whether they be of one neighbor or whether they be of the entire neighborhood, and try to address everything that he was able to address in a reasonable manner. I think he's done a very good job. He's done a good job of masking the back of the building, and minimizing the impact that it's going to have on its neighbors directly and blocks away as well. I would also like to say that 1 think that this is a neighborhood that we need to seize the window of opportunity that we have in front of us. It won't last forever. Right now, we're kind of spoiled because there's so many developers and so much money coming to this neighborhood, but it won't last forever. If we don't support projects like this, where are we going to be in ten years, when we still have vacant lots sitting in this neighborhood that are bringing nothing back to the community? I really think this is a very good project. I do hope that you do deny the appeal, with the conditions of the changes that had been made tonight, including the median to help minimalize [sic] some of the traffic speed coming into the neighborhood, but 1 really do want to commend the developer, and I hope you do, as well. Chairman Sanchez: Thank you so much. Anyone else? If not, counsel. Ulrich Michel: My name is Ulrich Michel. I reside at 577 Northeast 73rd Street. 1 think the Commission should be aware that the majority of the present leadership of Palm Grove has strong commercial and real estate ties. Mr. Pastoriza: Excuse me. 1 think that he -- he already -- his side already spoke. Mr. Michel: Up until two years ago, Palm Grove was basically an association that -- Chairman Sanchez: Sir. Mr. Michel: -- that represented the -- Chairman Sanchez: Sir -- Mr. Michel: -- neighbors. City n/Miami Page 131 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: -- I'm going to have to inform you that you're out of order. The public hearing -- Mr. Michel: Yes. Chairman Sanchez: The last time that we had the hearing, you should have had an opportunity - - where you here at that meeting -- Mr. Michel: Yes, 1 was there. Chairman Sanchez: -- to address -- well, you've had -- Commissioner Winton: Yeah, so that -- Chairman Sanchez: -- your opportunity. Commissioner Winton: Well, we didn't get -- we weren't having new public hearings on this, that's the whole purpose. Chairman Sanchez: Well, that's what he's doing right now, so -- Commissioner Winton: Yeah, so -- Chairman Sanchez: Sir, you're out of order on the issue. Thank you. Counsel. Mr. Dickman: Commissioners, let me just cut to the chase because really, this is not a -- Chairman Sanchez: This is your rebuttal. Mr. Dickman: Right -- this is not a homeowners' association against development. This is really the process working to try to get to a better development. We have never said no development on this property whatsoever. We think that the changes that the developer has offered, at least on the back end, are good, and so the process is working; although, we did have to appeal to get to this place. The two issues that we are still asking for -- Chairman Sanchez: I thought there was one issue. Mr. Dickman: No. There's two issues. One is that the R-2 lot be separated off of it, and whether you say push the building forward -- Commissioner Winton: But the building already has been pushed forward. Mr. Dickman: Understand that. Let's -- let me put it this way. Commissioner Winton: I mean, you want to push it forward into the street? Mr. Dickman: No. What I want them to not be using is the R-2 lot for this angle. In other words, they're using the R-2 lot for that angle. The R-2 lot -- if they use that R-2 lot for that angle, that R-2 lot will never again be part of the neighborhood, because in other words, the development permit -- the development order is tied to this R-2 lot. In other words, that lot is going to have to stay that way as a pocket park or some kind of vacant land, in order to go forward. What we're saying -- Commissioner Winton: What's wrong with that? City ofMiami Page 132 Printed on 1'11/2005 City Commission Verbatim Minutes December 9, 2004 Mr. Dickman: -- and I thought we had agreement on -- was that this lot would, once again, go back to the neighborhood, and that this line, this angle that is part of the SD-9, would be upheld and they would move that onto the C-1 lot and then the line would be back here. That's not -- that's in essence -- Commissioner Winton: Well, how would they do that without making it taller then? Mr. Dickman: They would basically take off these -- they'd have to redesign -- that's what we're saying, is that the building has to be taken back so that this part -- They're using this R-2 lot -- Commissioner Winton: OK, 1 understand, so keep going. Mr. Dickman: And that's all we're saying -- Commissioner Winton: Keep going. Mr. Dickman: -- is that they should not be able to use -- they're essentially assembling the residential lot -- Commissioner Winton: Keep going. I got the point. Mr. Dickman: -- into this to be able to do that. Commissioner Winton: Next point. I'm ready to go. Next point. Mr. Dickman: And then the other issue is the height. Basically, we think that given -- and we are going to submit these into the record as Exhibit A and B. We think that it sufficiently demonstrates that the built context of this area requires some mitigation of the height of this building. Everything in the area is one and two stories, and eight stories is what we're asking for, and again, you're talking about a parapet that's at least 15 feet high, so when they're saying 100 feet, they're -- you're also adding on to that about 15 feet of parapet, so the real height of this is really much higher than what they're saying, so in conclusion, we're asking that the R-2 lot not be used at all, and that the developer put that back into the neighborhood, and that the building actually be built according to the SD-9 with an 8-foot height. Chairman Sanchez: All right. It's -- as they say, it's time to fish or cut bait, so it's back to the Commission. Commissioner Allen: Right. Chairman Sanchez: I believe Commissioner -- Commissioner Winton: Two quick points I want 10 make. One is that -- maybe three -- one, I think the developer has worked hard to bring this project into compliance with our SD-9 overlay plan on Biscayne Boulevard. You know, he could have been fighting us tooth and nail, and he chose not to, which I'm thrilled about. I'm real happy about the landscaping. 1 want to make sure that we get that built into this thing because I think that landscaping at the rear is absolutely essential, and number three, to the neighborhood association -- and I've said this, 171 bet you, ten times on the record. I follow very closely what the neighborhood associations adopt, and ifpeople in the neighborhood don't like the leadership that they've got, throw 'em out, but I don't follow very often individual leaders in neighborhoods. Otherwise, we have anarchy, and I've put this on the record many times since I've been elected, and I'm putting it on the record again. If you all don't like the leadership in Palm Grove, throw 'em out, but right now the leadership is in support of this project, as they've configured it, with this issue that Public Works ('ity of Miami Page 133 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 has to work on about -- with the median on 20 -- 75th Street. Chairman Sanchez: All right. Commissioner Winton: So given the landscaping that they've agreed to do in the back, they've got the building moved far -- as far forward as they can, they're going to do the landscaping, they're going to work at doing the median at 75th Street, given that, then I'm going to move to -- what am 1 moving to do? I'm going to support this. Mr. Fernandez: You're moving -- Chairman Sanchez: You're not -- Commissioner Allen: To -- up to -- Mr. Fernandez: To deny -- Chairman Sanchez: To deny the appeal with conditions. Mr. Fernandez: -- the -- Commissioner Winton: OK. Commissioner Allen: Appeal. Commissioner Winton: I'm going to move to deny the appeal and uphold the Zoning -- Mr. Fernandez: And uphold -- Commissioner Winton: -- Board's decision? Mr. Fernandez: Exactly. Ms. Slazyk: Right, and you want to -- Commissioner Allen: Second. Ms. Slazyk: -- add the condition -- Commissioner Winton: With the new conditions. Ms. Slazyk: -- that the landscape be provided as presented in the plans here at City Commission. Mr. Pastoriza: If I could just -- Commissioner Allen: Right, and they -- Mr. Pastoriza: You can say -- Lourdes -- Commissioner Allen: -- have agreed to -- Commissioner Sanchez: Whoa, whoa, whoa, whoa -- Commissioner Allen: -- move it forward, right? ('iry ofMiami Page 13J Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: -- whoa, whoa, whoa, whoa. Let's -- Ms. Slazyk: Right. Mr. Pastoriza:: Yeah. Chairman Sanchez: Hold on. 1 know it's getting late. Commissioner Allen: Right. Chairman Sanchez: The Commissioner has stated what his motion is. Are we all in agreement with the motion? Commissioner Allen: Yes. Chairman Sanchez: OK. There is a motion by Commissioner Winton. Vice Chairman Gonzalez: Second. Chairman Sanchez: Is there a second? Second -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Vice Chairman Gonzalez. It is open for discussion on the Commission Hearing no discussion -- Commissioner Allen: Just one discussion. Chairman Sanchez: Commissioner Allen, you're recognized for the purpose of discussion. Commissioner Allen: The movement, for lack of a better description, pushing it forward has been agreed to, correct? Mr. Pastoriza:: Yes. Commissioner Allen: Right, OK. Commissioner Winton: Well, it's already pushed forward. It's already -- Commissioner Allen: Right, OK. Great. Commissioner Winton: It's already at the -- Commissioner Allen: OK. Commissioner Winton: -- Biscayne Boulevard lot line. Commissioner Allen: Right. Chairman Sanchez: All right. Commissioner Winton: It can't go any further forward. Commissioner Allen: Got it. Right. Cuy ofMiami Page 135 Printed on 1/11i2005 City Commission Verbatim Minutes December 9, 2004 Chairman Sanchez: All right. It is an ordinance? Vice Chairman Gonzalez: No. Mr. Fernandez: Yes. Chairman Sanchez: Mr. City Attorney, read the ordinance -- Mr. Fernandez: No, it's a resolution. Chairman Sanchez: I'm sorry. Commissioner Allen: Reso. Chairman Sanchez: It's a resolution. OK. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The denial has been approved, with conditions. Commissioner Allen: All right. Chairman Sanchez: All right. City of Miami Page 136 Printed on 1'11i2005 City Commission Verbatim Minutes December 9, 2004 NON -AGENDA ITEMS NA.1 04-01366 DISCUSSION ITEM A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to reconsider Resolution No. R-04- 0764, Item PZ.15 from the November 18, 2004 Commission Meeting, which granted an appeal to allow new construction for the property located at approximately 5101 Biscayne Boulevard, Miami, Florida, and requesting that said item be heard at the April 28, 2005 Commission Meeting; further requesting that the applicant be required to follow all of the original steps, which includes meeting with the community and going through the Planning and Zoning Department for all the necessary approvals before this item is heard on April 28, 2005. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Allen absent, to modify prior motion to include reconsideration of Resolution No. R-04-0765, Item PZ.16 from the November 18, 2004 Commission Meeting, which granted an appeal to allow new construction for the property located at approximately 5225 Biscayne Boulevard, Miami, Florida, with the same conditions as stated above. MOTION Commissioner Winton.: Wait, and 1 want to just get this one thing on the record so that we can send a couple people on their way. Chairman Sanchez: All right, fine. Commissioner Winton, you're recognized. Commissioner Winton: And I'm going to read this. Pursuant to Code Section 62.2 of the City of Miami City Code, reconsideration of zoning and comprehensive plan amendments, 1 move to reconsider Item PZ.15, Resolution 04-0764 from the November 18, 2004 meeting, which item was a denial of a Class 11-- was a denial of Class 11 permits, at 5101, 5225 Biscayne Boulevard, and I move to move that this item be reconsidered at the April 28, 2005 meeting, and I'm also wanting to make sure that on the record, that the refiling of this Class I1 permit, that the applicant is, in fact, required to follow all of the original steps, which includes meeting with the community, going back through -- Lourdes Slazyk (Assistant Director, Planning & Zoning): The Design Review. Commissioner Winton: -- your department for all the approvals, and we're anticipating that the developer's going to meet all of the new standards that we have in place for that area. Chairman Sanchez: All right. There's a motion for reconsider whatever was stated on the record. Commissioner Regalado: Second. Chairman Sanchez: Is this a second? Second by -- Commissioner Winton.: And cannot come back before that April 28th meeting. Chairman Sanchez: All right, as stated by Commissioner Winton, second by Commissioner Regalado. It is open for discussion. Any discussion? Hearing none, all in favor, say "aye." City of Miami Page 137 Printed on 1/11/2005 City Commission Verbatim Minutes December 9, 2004 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It carries. All right. Anything else? Commissioner Winton: No. Chairman Sanchez: (INAUDIBLE) front of City Hall, where we had a great outing. A lot of people had a great time. It's our tradition to keep going every year and light up the Christmas tree here in front of City Hall. The meeting is back in order. We do have several items that are - - six items that are pending, but I believe that Commissioner Johnny Winton had an amendment made to his motion to reconsider earlier. Commissioner Winton: Yeah. On the reconsideration -- Chairman Sanchez: OK. Commissioner Winton: -- it was supposed to be PZ (Planning & Zoning) Items 15 and 16, and we only put 15 on the record, so I move for the reconsideration of both PZ.15 and 16 according to this -- Vice Chairman Gonzalez: Second. Commissioner Winton: -- the prior resolution. Chairman Sanchez: All right. There's a -- Commissioner Regalado: Second Chairman Sanchez: -- motion to reconsider the previous legislation by Commissioner Winton, 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." Motion carries. Both items have been moved for reconsider. Mr. Fernandez.: Mr. Chairman, and just to make sure it's for the same time in -- Commissioner Winton: Same time, same conditions -- Mr. Fernandez: Correct. Commissioner Winton: -- same everything. NA.2 04-01362 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. FOUR (4), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AND DEVELOPMENT AGREEMENT WITH GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC, PROVIDING AN EXTENSION OF THE DATE FOR COMPLETION OF THE LEASEHOLD IMPROVEMENTS AT THE CITY -OWNED PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, City of Miami Page 138 Printed on 1%11i2005 City Commission Verbatim Minutes December 9, 2004 MIAMI, FLORIDA, UNTIL APRIL 30, 2005. 04-01362-exhibit-Amendment 4.pdf Motion by Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0809 Chairman Sanchez: Moving along. If I could just -- I have two pocket items. Anybody have any pocket items? These are -- mine are pocket items. I have a resolution of the City of Miami Commission authorizing the City Manager to execute an amendment, in a form acceptable to the City Attorney, to the lease agreement, the lease, with Grove Harbor Marine and Caribbean Marketplace, LLC, the lessee, to extend the term of completion of the leasehold improvements at the City owned property located at 2640 South Bayshore Drive, Miami, Florida, the property, until April the 30th, 205 [sic], which is a very short extension. So moved. Vice Chairman Gonzalez: OK. We have a motion. Do we have a second? Commissioner Regalado: Second. Commissioner Allen: Second. Vice Chairman Gonzalez.: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Wait a minute. NA.3 04-01367 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A WAIVER OF THE RENTAL FEE FOR USE OF THE COCONUT GROVE EXPO CENTER BY THE LITTLE HAVANA ACTIVITIES & NUTRITION CENTER OF DADE COUNTY, INC., FOR THE ELDERLY CHRISTMAS PARTY ON WEDNESDAY, DECEMBER 22, 2004, FROM 11 A.M. TO 2 P.M. Motion by Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0810 Chairman Sanchez: I have another pocket item. It's a resolution of the City of Miami Commission authorizing a waiver of the rental fee for the use of the Coconut Grove Expo Center by the Little Havana Activity and Nutrition Center of Dade County, Inc., for the elderly Christmas party to be held Wednesday, December the 22nd, 204 [sic], from 11 a.m. to 2 p.m., at the request of the Mayor. So move. Commissioner Regalado: Second. Vice Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye City of Miami Page 139 Printed on 1'11.2005 City Commission Verbatim Minutes December 9, 2004 The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. NA.4 04-01364 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $3,500, FOR COSTS ASSOCIATED FOR THE CUBAN AMERICAN NATIONAL COUNCILS EVENT "EL DIA DE LOS NINOS" TO BE HELD AT SHENANDOAH PARK, ON DECEMBER 11, 2004; ALLOCATING SAID FUNDS FROM THE SPECIAL REVENUE FUND ENTITLED "POVERTY INITIATIVE," FOR THE FOLLOWING : (1) THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW, INCLUDING THOSE FOR THE USE OF THE PUBLIC RIGHT-OF-WAY, AND 2) THE PROVISION OF IN -KIND SERVICES BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, SOLID WASTE, AND PARKS & RECREATION; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. Motion by Chairman Sanchez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-04-0811 Chairman Sanchez: I have another one. A resolution of the City of Miami Commission authorizing the allocation offunds in the amount not to exceed $3,500 for costs associated for the Cuban -American National Council's Event El nino -- El Dia de Los Ninos, to be held at Shenandoah Park on December the 11 th, 204 [sic]; allocating said funds from the special revenue fund entitled 'Poverty Initiative "for the following: I, the waiver of all fees and permits permissible by law, including those for the use of the public right-of-way; and 2, the provision of in -kind services by the Department of Police, Fire -Rescue, Solid Waste, and Parks Department, conditions set authorization upon the organizer; obtaining all permits required by law; 2, paying for all other necessary costs of the City services, and applicable fees associated with the said event; 3, obtaining insurance to protect the City in an amount prescribed by the City Manager or designee, and 4, complying with all conditions and limitations as may be prescribed by the City Manager or designee. This is the request of the Mayor. So move. Vice Chairman Gonzalez: We have a motion. Do we have a second? Commissioner Allen: Second. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez:: All opposed? Motion carries. NA.5 04-01368 DISCUSSION ITEM City of A4ram, Page 140 Printed on 1'11/2005 City Commission Verbatim Minutes December 9, 2004 A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to adjourn today's Commission Meeting. Chairman Sanchez: Are there any other pocket items? Commissioner Allen: No. Mr. Chairman, I make -- Chairman Sanchez: Any other issues? Commissioner Allen: I make a motion we adjourn. Chairman Sanchez: That's always acceptable. Vice Chairman Gonzalez: Motion to adjourn. We have a second? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: We're going home. Chairman Sanchez: Thank you so much. Happy holidays to all. Vice Chairman Gonzalez: Merry Christmas to everyone. Happy holidays. Chairman Sanchez: And may you have a wonderful new year filled with -- Commissioner Winton: See you next year. Chairman Sanchez: -- health, prosperity. City of Miami Page 141 Printed on P11 2005