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HomeMy WebLinkAboutCC 2005-11-03 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, November 3, 2005 10:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes November 3, 2005 PLANNING AND ZONING ITEMS Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen Note for the Record: The Planning and Zoning Meeting convened at 11:01 a.m., recessed at 11:05 a.m., reconvened at 3:08 p.m., and adjourned at 4:45 p.m. During part of this time, the Regular Commission meeting was also held. Note for the Record: This meeting is the October 27, 2005 meeting which had been continued due to the Declaration of Local State of Emergency relative to Hurricane Wilma. PZ.1 04-00724a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 04-0500, PURSUANT TO ARTICLES 5, 6, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 234-272 NORTHEAST 34TH STREET, MIAMI, FLORIDA; TO ALLOW A CHANGE IN THE APPLICATION FROM A 17-STORY MIXED -USE STRUCTURE CONSISTING OF 114 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH APPROXIMATELY 12,900 SQUARE FEET OF COMMERCIAL USE, AND 194 TOTAL PARKING SPACES TO AN APPROXIMATE 169 FOOT, 15-STORY MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 127 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH APPROXIMATELY 13,233 SQUARE FEET OF RETAIL, AND APPROXIMATELY 196 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 2 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 04-00724a Outside Cover.PDF 04-00724a Inside Cover.PDF 04-00724a Table of Contents.PDF 04-00724a Article I - Project Information.PDF 04-00724a I -A Letter of Intent.PDF 04-00724a I-B Major Use Special Permit Application.PDF 04-00724a I-C Approved MUSP Resolution No. R-04-0500.PDF 04-00724a Zoning Write-Up.PDF 04-00724a I-E Project Data Sheet.PDF 04-00724a I-F Zoning Atlas.PDF 04-00724a I-G Deed - Computer.PDF 04-00724a I-H Ownership List.PDF 04-00724a I-1 State of Florida Documents.PDF 04-00724a I-J Directory of Project Principals.PDF 04-00724a Article II - Project Description.PDF 04-00724a Article III - Supporting Documentation.PDF 04-00724a III Tab 1 - Minority Construction Employment Plan.PDF 04-00724a III Tab 2 - Traffic Impact Analysis.PDF 04-00724a III Tab 3 - Site Utility Study.PDF 04-00724a III Tab 4 - Economic Impact Study.PDF 04-00724a III Tab 5 - Survey of Property.PDF 04-00724a III Tab 6 - Drawings Submitted.PDF 04-00724a Legislation.PDF 04-00724a Exhibit A.pdf 04-00724a Exhibit B.pdf 04-00724a Analysis.pdf 04-00724a Zoning Map.pdf 04-00724a Aerial Map.pdf 04-00724a Pre -Application Design Comments.pdf 04-00724a Miami -Dade Aviation Comments.pdf 04-00724a School Board Comments.pdf 04-00724a PAB Reso.pdf 04-00724a Fact Sheet.pdf REQUEST: Major Use Special Permit Substantial Modification for The Boulevard Project LOCATION: Approximately 234-272 NE 34th Street APPLICANT(S): Flagler-Hudson, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 7, 2005 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to The Boulevard project. City of Miami Page 3 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 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-05-0641 Chairman Sanchez: All right. I'll tell you what well do, we'll go to PZ (planning and zoning) item. All right, PZ items. Ladies and gentlemen, those of you that'll be testifying on behalf of any of the PZ items, please stand up and be sworn in by the City Clerk. Please raise your right hand. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Priscilla A. Thompson (City Clerk): Thank you. Chairman Sanchez: Ladies and gentlemen, anyone who acts as a lobbyist, pursuant to City of Miami Ordinance 11469, Article XI of the City Code, must register with the City Clerk prior to engaging in lobbying activity before City staff board, and committees, and the City Commission. Any person making slanderous remarks, who becomes boisterous while addressing the Commission shall be barred from further audience before the Commission. This printed agenda is distributed at least five days before the meeting, and anyone wishing to obtain one, all they need to do is contact the City Clerk here at City court -- at City Hall. Any person who seeks to address the City Commission, please step forward and state your name and address for the record Having said that, we'll go to PZ 1. Lourdes Slazyk: Again, for the record, Lourdes Slazyk, Planning Department. PZ 1 is a substantial modification to a Major Use Special Permit for The Boulevard project. This is located at approximately 234 through 272 Northeast 34th Street. The original MUSP (Major Use Special Permit) approval was for a 17-story mixed -use structure that had 114 multifamily residential units, 12,900 square feet of commercial use, and 194 parking spaces. The change that they're requesting is to come down to a 15-story mixed -use structure, 127 multifamily residential units, 13,233 square feet of retail, and 196 parking spaces. It's been recommended for approval by the Planning Advisory Board, and approval with conditions by the Planning Department. The only condition we had relating to design had to do with the final landscape plan being submitted for review and approval to the Planning director prior to the issuance of a building permit. Other than that, they complied with all of the design criteria. Chairman Sanchez: All right. Is there anyone here in opposition to this item? There is none. Madam Applicant. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. My name is Lucia Dougherty, with offices at 1221 Brickell Avenue. 1 am joined today by the principal, Ricardo Dunin. This is, as Lourdes mentioned, a substantial change, but unusually, it's actually a substantial change that reduces the size of the building. In other words, the building used to be -- the parking podium used to have 46 feet; it's now down to 39. The building height was 235 feet. It's now down 169 feet, which is about 70 feet less. The number of parking spaces is actually 114, and again, this is a substantial change, but lessening it. I'm going to have Suria Yaffar and her colleague, Gianna Pampaloni, present the architecture. Our traffic engineer, Richard Garcia, is here, as well as our landscape architect, Dick Rogers, and as Lourdes mentions, we've been recommended for approval of this change by all of the lower boards, including the Urban Development Review Board and the Planning Advisory Board. City of Miami Page 4 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: Al! right. Suria Yaffar: I'm Suria Yaffar, with Zyscovich Architects. The task that we had for the beautification of this building was to create a building that was much more efficient, and also, elegant and modern, and very simple, so we came up with basically an L-shaped building that has a very formal -- creates a very formal statement onto Biscayne Boulevard. It's very symmetrical. There are three components to the building: ground floor retail that wraps on Biscayne Boulevard through 34 Street, therefore, activating all of these streets and sidewalks; two floors of parking above that, then the pool deck that is facing north, and the front of the building then comes all the way down with these vertical terraces that we're providing throughout the building. The articulation of the building is basically glass in a horizontal fashion. Let me show you right here. Sort of contrasted by these vertical terraces that you can see here that it's sort of like a recollection of the old Florida room, so these are actually rooms, terraces that face the outside, and the vertical articulation of these elements are sort of -- enhance the horizontality of the building. You can see the building steps back on 34 Street, and therefore, we believe that this will be a wonderful, I think, project, and we're very happy to say that the developer is also very happy with it. Chairman Sanchez: All right. Ms. Yaffar: Any questions? Commissioner Winton: Move PZ 1. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion to approve PZ 1. It's a resolution; second by Vice Chairman Gonzalez. Any discussion on the item? If not, all in favor, say "aye." Judith Sandoval: I just have a question. Chairman Sanchez: Ma'am, please step up. I opened up the public hearing. Ms. Sandoval: Thank you. Chairman Sanchez: OK, please step up and state -- Ms. Sandoval: OK. It's just a brief question. Chairman Sanchez: -- your name and address for the record. Ms. Sandoval: My name is Judy Sandoval. I live at 2536 Southwest 25th Terrace, and I think that's a handsome building, and I think it's the first time I've ever seen Lucia go down instead of bigger, so great. It's handsome. You know, my question is just because we've all had so much problem with the hurricane, and it's such bad publicity the damages that happened downtown. 1 mean, when I saw Miami -- flying glass on CNN (Cable News Network), 1 realized we really do have a PR (Public Relations) problem, and I just wondered -- there is a lot of glass on the first floor -- that if the City and you all, and the Planning Department, are making any modifications in our building requirements to counter the effects of a hurricane, which can do such strange things, not that it would necessarily apply to this building, but I just kind of wanted to get that in, and 1 hope you're doing something like that. Chairman Sanchez: Well, that's a very good question. I mean, this building -- you have City of Miami Page 5 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 hurricane impact windows, right? I mean -- Ms. Yaffar: Yes, correct. Chairman Sanchez: It's new codes that -- Ms. Slazyk: Yeah, it does. It meets the -- all of -- meets and exceeds all the new hurricane impact glass requirements, but the interesting thing about most of the glass that broke out, the worst conditions were in the older buildings, prior to Hurricane Andrew, and if you look at Jade, for example, which is a comparable building built after Hurricane Andrew, there were hardly any glass broken. Chairman Sanchez: Very valid question asked All right. Once again, is there anyone -- I don't want to leave anybody out, but the public hearing -- Commissioner Winton: Is reopened. Chairman Sanchez: -- is closed at this time. OK, there's a motion and a second. 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. PZ.2 05-01049 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLA PATRICIA PROJECT, TO BE LOCATED AT APPROXIMATELY 234-242 NORTHEAST 79TH STREET AND 7811-7831 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO CONSTRUCT TWO (2) HIGH-RISE MIXED -USE TOWERS, THE TALLEST ONE OF WHICH IS AN APPROXIMATE 156-FOOT, 17-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 315 TOTAL MULTIFAMILY ELDERLY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 575 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 2,140 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 232 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 6 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 05-01049 Outside Cover.PDF 05-01049 Inside Cover.PDF 05-01049 Table of Contents.PDF 05-01049 Article I - Project Information.PDF 05-01049 Letter of Intent.PDF 05-01049 Major Use Sepcial Permit Application.PDF 05-01049 Zoning Write-Up.PDF 05-01049 Zoning Atlas.PDF 05-01049 Project Data Sheet.PDF 05-01049 Deed - Computer.PDF 05-01049 Ownership List.PDF 05-01049 State of Florida Documents.PDF 05-01049 Owner Authorization Letter.PDF 05-01049 Directory of Project Principals.PDF 05-01049 Article 11 - Project Description.PDF 05-01049 Article III - Supporting Documents.PDF 05-01049 Minority Construction Employment Plan.PDF 05-01049 Traffic Impact Analysis.PDF 05-01049 Site Utility Study.PDF 05-01049 Economic Impact Analysis.PDF 05-01049 Survey of Property.PDF 05-01049 Drawings Submitted.PDF 05-01049 Legislation.pdf 05-01049 Exhibit A.pdf 05-01049 Exhibit B.pdf 05-01049 Analysis.pdf 05-01049 Zoning Map.pdf 05-01049 Aerial Map.pdf 05-01049 Pre -Application Design Comments.pdf 05-01049 Miami -Dade Aviation Comments.pdf 05-01049 School Board Comments.pdf 05-01049 PAB Reso.pdf 05-01049 Fact Sheet.pdf REQUEST: Major Use Special Permit for the Villa Patricia Project LOCATION: Approximately 234-242 NE 79th Street and 7811-7831 NE 2nd Avenue APPLICANT(S): BHG-79th Street, LLC, Lessee and Lubins Development Corp., Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 7, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Villa Patricia project. City of Miami Page 7 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 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-05-0642 Chairman Sanchez: And we move on to PZ2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2 is a Major Use Special Permit for the Villa Patricia project. This is located at approximately 234 to 242 Northeast 79th Street, and 7811, 7831 Northeast 2nd Avenue. This is going to consist of two high-rise mixed -use structures, the tallest of which is 17 stories. It'll contain approximately 315 multifamily residential units, 575 square feet of office space, 2,140 square feet of retail, and approximately 232 parking spaces. The application was recommended for approval by the Planning Advisory Board, and approval with conditions by the Planning Department. The design -related conditions are that the applicant provide details of the materials proposed to cover the garage openings, and indicate how the vehicles and mechanical systems within the garage will be concealed from view, and also that the final landscape plan be submitted for review and approval by the Planning Department, prior to the issuance of a building permit. Chairman Sanchez: All right. Is there anyone in opposition to this project? All right. Madam Applicant, you may proceed. Lucia Dougherty.: Again, for the record, my name is Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of the Carlyle Group and the Biscayne Housing Group, which is a co -venture. Carlyle Group is represented today by Alexander -- David Alexander, and the Biscayne Housing Group is represented by Michael Cox and Gonzalo de Ramone (phonetic). Now, this is an interesting project. It's located between 78th Street.and 79th Street, and on the west side of 2nd Avenue. Now, what's interesting about this is this is a hundred percent elderly affordable housing project, and so -- Commissioner Winton: Excuse me. Could you repeat that, please? Ms. Dougherty: This is a hundred percent elderly affordable housing project. Commissioner Winton: I -- I'm sorry, 1 didn't hear. Ms. Dougherty: Elderly affordable. Commissioner Winton: The whole thing, it's a what? Ms. Dougherty: It's an elderly affordable -- Commissioner Winton: One hundred percent -- Ms. Dougherty: -- housing project. Commissioner Winton: Just want to make sure it's on the record. We're always criticized for not doing any affordable housing, and there's lots of it going on in the City of Miami, but people don't want to hear the part about the affordable housing generally, so I wanted you to repeat that four times. Ms. Dougherty: And how do we even know it's going to stay that way? It's because our financing requires a 50-year covenant, so that's another question that we always get asked. How City of Miami Page 8 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 do we know it's not going to change from an affordable housing project, or even an elderly project? It's because we are required to, for our financing, maintain that for 50 years, and that's by covenant. It's -- we've had a lot of compliments on the architecture of the project. Alberto Cordovez, who is the architect, is here today, and he's going to walk you through the project. Richard Eichinger, our transport analyst, is here. Our traffic engineer and Tom Scholsser, our economic development impact study economist, is here as well, so with that, Alberto, would you like to walk us through the project? Alberto Cordovez: Thank you, Lucia. Albert Cordovez, with Corwil Architects, Inc. I'm pleased to be here today because we, in our firm, are extremely pleased to have been a part and have been commissioned for this type of affordable housing project, and as you can see from our elevations and design, this is not the traditional affordable housing. We have gone the extra mile, thanks to a developer that understands and sees, and has a vision to create somewhat a more refined affordable housing product than what we usually and the trend has been through the years. We have balconies. We have extensive glass in the ground floor of the units. We have windows that are bigger than the usual windows that are represented in affordable housing. Our site plan incorporates three structures: one, which is a 17-story building, it tiers back from 12 stories at Northwest -- Northeast 79th Street to 17th, as you can see in this elevation right here, and the other one is a 11-story building fronting Northeast 2nd Avenue. We've been conscious about providing the urban feel for the entire project, providing complete promenades with retail spaces fronting these streets. We have liner the garage building, as suggested by zoning, with two-story town homes that are also facing the street, and we've also created an internal circulation because it is also a concern for security purpose that these tenants, the majority being maybe elderly tenants, that they have the appropriate drop-off procedures into these buildings from the inside, not to alter the traffic patterns on 79th Street and 78th, or as well, 2nd Avenue. Again, the architecture is quite pleasing for these type of projects themselves, and all the buildings are self-contained, with amenities on the ground floor, such as multipurpose room, exercise, laundry rooms, mailrooms, a leasing office per building, and of course, we've addressed the issues regarding the service and loading areas, where we contain them in areas that you won't see them actually from the street or the passerbys [sic] from the sidewalk. All the actual loading is internalized, and the garages that we've provided, the liners in the front facing the street with the town homes, and we've also created the louvers on every opening above the actual town homes. Chairman Sanchez: All right. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: First of all, I'd like to move PZ.2. Chairman Sanchez: All right. There's a motion. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. Before we open it up for discussion, it requires 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, coming back to the Commission. No further discussion. It's a resolution. All in favor, say "aye. Commissioner Winton: I'd like to make a comment though, and that is that this project -- and there's another one coming today -- is the first development that's occurred on 79th Street west of the Boulevard -- and this is significantly west of the Boulevard -- I don't know, in what, 30 City of Miami Page 9 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 years or -- Chairman Sanchez: Thirty something. Ms. Slazyk: Probably. Commissioner Winton: -- 40 years? I mean, a long, long, long, long time, and the developer in this case has a long-time track record in developing affordable housing; does a heck of a job. I think this is going to be a great asset for that neighborhood up there, and I'm thrilled to death that they're here, and 1 guess 1 would like to put on the record again -- how many units is it? Mr. Cordoves: 315. Commissioner Winton: How many? Mr. Cordoves: 315. Commissioner Winton: 315 -- Vice Chairman Gonzalez: Affordable. Ms. Slazyk: Affordable. Commissioner Winton: -- elderly affordable housing units, 100 percent elderly affordable housing that has to stay that way for 50 years because that's the financing. Thank you. Commissioner Allen: Terrific. Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.3 05-01095 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, FOR LAFAYETTE SQUARE PROJECT, TO BE LOCATED AT APPROXIMATELY 141 NORTHEAST 78TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 179-FOOT, 19-STORY HIGH STRUCTURE TO BE COMPRISED OF APPROXIMATELY 306 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 337 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 10 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 05-01095 Outside Cover.PDF 05-01095 Inside Cover.PDF 05-01095 Table of Contents.PDF 05-01095 Article I - Project Information.PDF 05-01095 I -A Letter of Intent.PDF 05-01095 I-B Major Use Special Permit Application.PDF 05-01095 I-C Zoning Write-Up.PDF 05-01095 I-D Zoning Atlas.PDF 05-01095 I-E Porject Data Sheet.PDF 05-01095 I-F Deed - Computer.PDF 05-01095 I-G Ownership List.PDF 05-01095 I-H State of Florida Documents.PDF 05-01095 I-1 Directory of Project Principals.PDF 05-01095 Article II - Project Description.PDF 05-01095 Article III - Supporting Documents.PDF 05-01095 III-1 Minority Construction Employment Plan.PDF 05-01095 III-2 Traffic Impact Analysis.PDF 05-01095 III-3 Site Utility Study.PDF 05-01095 III-4 Economic Impact Study.PDF 05-01095 III-5 Survey of Property.PDF 05-01095 III-6 Drawings Submitted.PDF 05-01095 Legislation.pdf 05-01095 Exhibit A.pdf 05-01095 Exhibit B.pdf 05-01095 MUSP Analysis.pdf 05-01095 Zoning Map.pdf 05-01095 Aerial Map.pdf 05-01095 Miami -Dade Aviation Comments.pdf 05-01095 Pre -Application Design Comments.pdf 05-01095 Special Exception Fact Sheet.pdf 05-01095 Special Exception Analysis.pdf 05-01095 ZB Reso.pdf 05-01095 Special Exception for Reduction in Parking Letter.pdf 05-01095 School Board Comments.pdf 05-01095 PAB Reso.pdf REQUEST: Major Use Special Permit for the Lafayette Square Project LOCATION: Approximately 141 NE 78th Street APPLICANT(S): Lafayette Square, Ltd. APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 21, 2005 by a vote of 8-0. ZONING BOARD: Recommended approval with conditions* of a Special Exception to allow fewer parking spaces than required for housing for low income families for Phase II of the project on September 12, 2005 by a vote City of Miami Page 11 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the Lafayette Square 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 R-05-0643 Chairman Sanchez: And we move on to PZ3. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3 is a Major Use Special Permit for the Lafayette Square project. This is also located in the Little Haiti NET (Neighborhood Enhancement Team) district at 141 Northeast 78th Street. This project will be a I9-story structure comprised of 306 total multifamily residential units with recreational amenities, 337 parking spaces. It's been recommended for approval by the Planning Advisory Board and by the Planning Department, with the standard conditions in a MUSP (Major Use Special Permit). There are no additional design conditions. They've complied with all of our requests as it pertains to the design review criteria. Therefore, we recommend approval. Chairman Sanchez: All right. Commissioner Allen: All right. Chairman Sanchez: Is there a motion? Commissioner Winton: So moved. Commissioner Allen: 1 make motion -- so move. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen. It is an ordinance on second reading. It requires a public hearing. Anyone from the public wishing to -- Commissioner Winton: This is not second reading. Chairman Sanchez: -- address this item -- Commissioner Winton: This is not second reading. Priscilla A. Thompson (City Clerk): PZ.3, resolution. Chairman Sanchez: Oh, I'm so sorry. I'm on PZ.4. All right. Sorry. All right. It's a resolution, so there's a motion and a second. It's a resolution. Doesn't require a public hearing. Commissioner Winton: And we need a -- Adrienne Pardo: It does -- Chairman Sanchez: Yes, it does re -- City of Miami Page 12 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Pardo: -- require a public hearing. Chairman Sanchez: OK, it requires a public -- anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. Just state your name for the record. Ms. Pardo: Adrienne Pardo, with actually temporary law offices on Miami Beach, but hopefully soon, back at 1221 Brickell, and I'm here today on behalf of Lafayette Square, and again, this is a affordable housing development, a hundred percent affordable housing, as well, with 306 units. Chairman Sanchez: 306 units. Commissioner Winton: Oh, my goodness, more affordable housing in the City of Miami. Chairman Sanchez: No. OK. Commissioner Winton: Keep going. Chairman Sanchez: There's a motion and a second already. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Winton, you're recognized. Commissioner Winton: I would like to put on the record also, for those who may be listening or watching, that I've been in office for six years. 1 can't recall one instance where a developer of affordable housing came before this Commission and didn't get the approval of this Commission to build affordable housing in our city -- Ms. Slazyk: That's true. Commissioner Winton: -- not one instance. We have not ever played "not in my backyard" with affordable housing in this city. There's probably no city in Miami -Dade County that's been more aggressive at trying to get affordable housing in our city, but we're always tagged as the one who doesn't have affordable housing, which is horse baloney, so I hope there's some written stuff going down in here today that we approved two more today, which is out of a long list that we've approved over the last six years, and never disapproved one, period Chairman Sanchez: But, Commissioner Winton, if I may add, why don't you show the other side of the coin? Those that are promoting affordable housing, but don't want it in their backyard. Commissioner Winton: Great point. Chairman Sanchez: All right. Commissioner Winton: Thank you, Mike. PZ.4 04-01102a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE ELEMENT/MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE FUTURE LAND USE ELEMENT/MAP TO INCORPORATE LANGUAGE REGARDING City of Miami Page 13 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 THE DESIGNATION OF AN URBAN CENTRAL BUSINESS DISTRICT WITHIN THE CITY OF MIAMI; SETTING FORTH THE BOUNDARIES OF THE URBAN CENTRAL BUSINESS DISTRICT; ESTABLISHING A POLICY FOR SUCH DESIGNATION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01102a SR Legislation (Version 2).PDF 04-01102a Analysis.pdf 04-01102a Map.pdf 04-01102a PAB Reso.pdf 04-01102a FR Fact Sheet.pdf 04-01102a FR Legislation (Version 1).pdf 04-01102a SR Fact Sheet 09-22-05.pdf 04-01102a SR Fact Sheet 10-27-05.pdf REQUEST: To Amend Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 4, 2005 by a vote of 5-0. PURPOSE: This will amend the goals, objectives and policies of the Future Land Use Element/Map by incorporating language regarding the designation of an Urban Central Business District. 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 12741 Chairman Sanchez: PZ. 4. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 is a -- Adrienne Pardo: Thank you very much. Ms. Slazyk: -- second reading ordinance amending the Comprehensive Plan, regarding the adoption of the Urban Central Business District. This was approved on first reading in June of 2005. It was then transmitted to DCA (Department of Community Affairs). We have DCA's approval on it, and we're here for second reading today. You had approved a previous ordinance that designated the Downtown Master Plan area in downtown as our Urban Central Business District. This just codifies it into our Comprehensive Plan, and we recommend approval. Commissioner Winton: So moved. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second City of Miami Page 14 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen. It is an ordinance on second reading. This is PZ.4. It requires 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, coming back to the Commission. No further discussion. Mr. City Attorney, read the ordinance on second reading into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call, Madam. Chairman Sanchez: 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.5 04-00673a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, TO MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING REQUIREMENTS RELATED TO HEIGHT, MORE PARTICULARLY TO CLARIFY MAXIMUM HEIGHT LIMITATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00673a Legislation.pdf 04-00673a Map.pdf 04-00673a PAB Reso.pdf 04-00673a FR Fact Sheet.pdf 04-00673a SR Fact Sheet.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 July 6, 2005 by a vote of 5-0. PURPOSE: This will clarify maximum height limitations in the SD-9 Biscayne Boulevard North Overlay District. 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 City of Miami Page 15 Printed on I I/23/2005 City Commission Meeting Minutes November 3, 2005 12742 Chairman Sanchez: PZ 5 is an ordinance, second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is the SD-9 amendments to establish that the maximum height limits in SD-9 are indeed the maximums, and the exceptions don't apply. Also, approved by the City Commission September 22, first reading, and recommended for approval. Commissioner Winton: So move. Chairman Sanchez: All right. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Vice Chairman Gonzalez. The item is an ordinance on second reading, requiring a public hearing. Is there anyone from the public wishing to address this item? Please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. Coming back to the Commission for discussion. Hearing no discussion, Mr. City Attorney, could you read the ordinance into the record, followed by a roll call. 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 adopted on second reading, 5/0. PZ.6 05-01093 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 6, SECTION 616 SOUTHEAST OVERTOWN PARK -WEST COMMERCIAL -RESIDENTIAL DISTRICTS OF THE ZONING ORDINANCE, IN ORDER TO MODIFY THE REGULATIONS RELATED TO GROUND FLOOR RETAIL USES IN THE SD-16 DISTRICTS IN ORDER TO EXEMPT GROUND FLOOR RETAIL USES FROM FLOOR AREA RATIO (FAR) REQUIREMENTS BY SPECIAL PERMIT; PROVIDING FOR CRITERIA, PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 05-01093 Legislation.PDF 05-01093 PAB Reso.pdf 05-01093 FR Fact Sheet.pdf 05-01093 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text City of Miami Page 16 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 21, 2005 by a vote of 8-0. PURPOSE: This will modify regulations related to ground floor retail uses in the SD-16 Southeast Overtown Park -West Commercial -Residential Districts. Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Chairman Sanchez: PZ 6 is an ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 is an ordinance that amends the SD-16 districts. These -- this is the Southeast Overtown/Park West CRA (Community Redevelopment Agency) area. What this ordinance does is it says that the ground floor retail uses provided in a project will not count against the development toward -- against the FAR (floor/area ratio) of a development. What we're hoping to do with this is provide encouragement for developers to put ground floor retail in the projects because it's not going to count against their FAR, and try to help the redevelopment of this area be much more pedestrian friendly, and really create a more sense of community, as Southeast Overtown/Park West begins to develop. It's been recommended for approval by the Planning Advisory Board, and approval by the Planning Department. Commissioner Allen: Right, and I would just like to say, if I can, Mr. Chairman, I think this is a great idea to try to serve as an incentive, if you will, to kick start -- Ms. Slazyk: Absolutely. Commissioner Allen: -- so I appreciate it very much, so I -- did we move the item? Ms. Slazyk: Not yet. Commissioner Allen: I move the item, Mr. Chairman. This is with respect to PZ.6. Chairman Sanchez: Yes, sir. Commissioner Allen: I move the item. Chairman Sanchez: Oh. There's a motion by Commissioner Allen. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is an ordinance on first reading, requiring 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, coming back to the Commission for further discussion. Hearing no discussion on the ordinance on first reading, Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 17 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.7 05-01088 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE III, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT SUPPLEMENTAL FEE," BY MODIFYING PROVISIONS RELATED TO THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT (DRI), INCLUDING CLARIFICATION OF CERTAIN DEFINITIONS; PROVIDING FOR AN UPDATED FEE TABLE AND ADDING A CONSUMER PRICE INDEX; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01088 Legislation.PDF 05-01088 FR Fact Sheet.pdf 05-01088 SR Fact Sheet.pdf REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will modify provisions related to the Southeast Overtown/Park West DRI, including clarification of certain definitions. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez Chairman Sanchez: All right. Frank, let's get you out of here. What's your item? Unidentified Speaker: PZ.7. Chairman Sanchez: All right, wait, hold on, hold on, hold on. I've got to get organized here. Commissioner Winton: You can't do -- Vice Chairman Gonzalez: PZ.7? Chairman Sanchez: Yeah. PZ.7 was advertised after 10 o'clock -- Unidentified Speaker: Yes, sir. City of Miami Page 18 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Chairman Sanchez: -- so we could take it up, so we could get you out of here. You have consultants that we're paying good money; we want to get them out of here. All right. Before you do that, I have to read into the record. It's a PZ (planning & zoning) hearing. Any person who acts as a lobbyist pursuant to City of Miami Ordinance 11469 must register with the City Clerk prior to engaging in any lobbying activity before the City staff, board, committees, and the City Commission. Any person making slanderous remarks or become boisterous while addressing this Commission shall be barred from further audience before the Commission. An agenda can be picked up at the City Clerk's Office five days prior to the Commission meeting. Any person who seeks to address the City Commission on any of the items appearing before this Commission must come up and state their name and address for the record, and talk to the City Clerk about signing up to speak. All right, so therefore, PZ. 7 is being brought forth, and you're recognized, ma'am. Priscilla A. Thompson (City Clerk): Before -- if I'm not mistaken, and the City Attorney can correct me, we do have to swear her in. Chairman Sanchez: All right. Jorge L. Fernandez (City Attorney): Yes. Chairman Sanchez: We have to swear in -- anyone speaking on behalf of PZ. 7, which is the only PZ 7 -- PZ item that's going to be heard this morning -- all the PZ items will be in the afternoon - - please stand up and be sworn in. All right, Madam Clerk, swear them 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. Lourdes Slazyk: For the record, Lourdes Slazyk, Planning Department. PZ.7 is an amendment to Chapter 13 of the City Code in order to update the fees for the Southeast Overtown/Park West DRI (Development Regional Impact). The amendment also includes updated language to the definitions, the new fee table, and adds a consumer price index, and it's being recommended for approval. Chairman Sanchez: All right. Melissa Tapares Llahues: Good morning, Chair, Commissioners. My name is Melissa Tapares Llahus, with the law firm of Bercow and Radell, for the record, 200 South Biscayne Boulevard, Miami. We are special counsel to the City of Miami Southeast Overtown/Park West CRA (Community Redevelopment Agency). Joining me this evening is Frank Rollason, the executive director; Cathy Sweetapple of Cathy Sweetapple & Associates; Rob Curtis of the Curtis Group, and Eric Lift of Lambert Advisory. Our request today is to update the existing Southeast Overtown/Park West fee ordinance. The original ordinance was approved in 1987 and the proposed amendment just serves to update it. Since 1987, we were in Increment I and currently, we're completing Increment II. The proposed amendment also amends the consumer price index adjustment factor and of the supplemental fee coefficient accordingly to the different costs that have obviously raised just as -- due to inflation and such. We have a favorable staff recommendation and respectfully request your approval today. Chairman Sanchez: All right. PZ. 7 is an ordinance on first reading. It is an ordinance that requires 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, coming back to the Commission. We need a motion and a second. City of Miami Page 19 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. Any further discussion? Hearing no discussion on the ordinance, Mr. City Attorney, read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. Chairman Sanchez: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on -- Ms. Llahues: Thank you very much. Chairman Sanchez: Thank you so much. Madam Clerk, let's -- yes. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chairman Sanchez: OK. PZ.8 05-01089 ORDINANCE First 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 XIII ENTITLED, "PARKS AND OPEN SPACE TRUST FUND;" ADDING AN INTENT STATEMENT AND PROVIDING FOR ADMINISTRATION AND REGULATIONS; AND PROVIDING FOR TRUST FUND PAYMENTS AS SPECIFIED IN SECTION 907.2 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. 05-01089 Legislation.PDF 05-01089 FR Fact Sheet.pdf REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. See related File ID 05-01089a. PURPOSE: This will create Article XIII, entitled, "Parks and Open Space Trust City of Miami Page 20 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Fund". Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Vice Chairman Gonzalez: All right. PZ. 7. Jorge L. Fernandez (City Attorney): No, it's not. Lourdes Slazyk (Assistant Director, Planning & Zoning): That was 7. Commissioner Winton: We did that this morning. Ms. Slazyk: PZ 8. Commissioner Allen: 8. Vice Chairman Gonzalez: I'm sorry. PZ 8. Ms. Slazyk: PZ.8 is an amendment to Chapter 62 of the City Code. This is in order to establish the parks and open space trust fund for the City of Miami. It includes an intent statement, provides for the administration and regulations, provides for payments into the trust fund and how the monies can be expended It's been recommended for approval. Vice Chairman Gonzalez: All right. This is a public hearing. Anyone that wants to address the Commission reference to this item, please come forward. Nina West: Just have a question. Vice Chairman Gonzalez: Yes, ma'am. Ms. West: My name is Nina West. I am on the Parks Committee of Miami Neighborhoods United. The address is 3690 Avocado Avenue, in Coconut Grove. I don't know, Mr. Winton. Commissioner Winton: I like -- Ms. West: Here you're supposed to be the parks champion. We champion you championing the parks and you make faces. Commissioner Winton: It's just the MNU (Miami Neighborhoods United) thing that I'm not a big fan of you know. Ms. West: Well, the MNU is not a pact, just remember that. Commissioner Winton: Thank you. 1'll try. It's a deal. Ms. West: OK. I'm part of the Neighborhood United group. You know, I'm just here to ask some questions for clarification. We think it's a great idea and we're very supportive of the parks open space and trust fund, and the only -- we're asking a couple of questions concerning how the money's going to be spent, who's going to supervise the money, where the accounting's going to be; is it going to go before the Parks Advisory Board? How does the Parks Advisory Board fit in? Those kinds of questions; the operation questions for the ordinance. City of Miami Page 21 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: Lourdes, you want to -- should you -- ? Yeah. Vice Chairman Gonzalez: Lourdes, can you please -- ? Commissioner Winton: Hey, Nina, do you have more questions than that? Ms. West: Yes. Commissioner Winton: OK. Why don't you come over to this mike then so that we can do kind of both. Sorry. Ms. Slazyk: OK, the way we set up this trust fund, it specifically says that not less than 80 percent of the trust fund shall be expended on acquisition of new parks and open space during each fiscal year. However, if the City Manager or his designee determines that there are insufficient reserves in the trust fund to implement viable purchases, the funds may be carried over to the next fiscal year. Commissioner Allen: Yes. Ms. Slazyk: This is in anticipation that it may take a couple years to really get enough money to Commissioner Winton: Absolutely. Ms. Slazyk: -- purchase parks. Then we put not more than ten percent shall be expended on activities directly related to improvement of existing parks and open space during each fiscal year, and again, those can be rolled over. It includes survey work, site inventory, other landscape improvements, inspection services, new plantings, and other related projects; and not more than ten percent shall be expended to provide for the administrative cost -- Commissioner Regalado: Mr. Chairman. Ms. Slazyk: -- directly related to the notice requirements of Section 907.2 of the Zoning Ordinance. Then, any individual expenditure over $50, 000 will require approval of the City Commission, and the other expenditures would be by the City Manager, with due consideration given to written recommendations from the directors of Planning, Zoning, and Parks, so the actual how the Manager is going to request -- you know, refer and get recommendations from other agencies is up to the Manager, and he's got three departments to work with. Vice Chairman Gonzalez: Commissioner Winton. Ms. West: What about the Parks Advisory Board? How do they fit in? Ms. Slazyk: If the Manager wants to refer something to the Parks Advisory Board, he's always welcome to do that, but it's not in the trust fund Ms. West: OK. Commissioner Regalado: Mr. Chairman. Commissioner Winton: Mr. Chairman. Vice Chairman Gonzalez: Commissioner Winton. Commissioner Winton: I think that this ought to work much like our Bond Oversight Board -- City of Miami Page 22 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Regalado: Exactly. Commissioner Winton: -- and 1 think it should go before our Parks Advisory Board. Commissioner Regalado: Absolutely. Commissioner Winton: I think that the Bond Oversight Board has been just a fabulous example of how you can get outstanding oversight. You know, we all get -- internal to the City, we get in a mad rush sometimes to try to get things done, and you sometimes forget about, you know, the commitment and the -- all that jazz, and when you've got rational people on these boards, you end up with really, really good help, and I think our Parks Advisory Board's pretty damn good also, and so I would recommend, at least as one amendment, that there be a requirement that any capital expenditure coming out of this, in fact, go before the Parks Advisory Board, period. Ms. Slazyk: OK. For any amount, or do you want to say over or under a certain amount? Those are the kind -- Commissioner Winton: Well -- Ms. Slazyk: -- of de -- Ms. West: How about $10, 000? Ms. Slazyk: Anything over $10,000? Commissioner Winton: Well, that's probably rational, isn't it? Because there's going to be times where we'll have some repair kind of thing that you could use this fund for, and that'd be a good thing. We don't want to be overburdening them, so that's probably rational. Ms. West: Thank you very much. Ms. Slazyk: All right. Commissioner Winton: You're welcome. Ms. Slazyk: If you -- Ms. West: We appreciate it. Ms. Slazyk: -- approve that -- Vice Chairman Gonzalez: Commissioner -- Ms. Slazyk: -- on first reading today with that condition, well make that change before it comes back -- Commissioner Winton: OK, great. Ms. Slazyk: -- to second reading. Commissioner Winton: Great. Ms. West: Thank you. City of Miami Page 23 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: My comment were the same that Commissioner Winton, but I think that any expenditures, any expenditures should go before the Park Advisory Board, and the Park Advisory Board should vote on any expenditure because the Park Advisory Board is the representative group of the City of Miami through all the appointees from the district, so I don't know the amendment that Commissioner Winton is doing, but I will support any amendment that includes the Park Advisory Board, but you know, when you say 10,000, it's the same; 10,000 or 20,000, or 50,000; it is the same. It is about the money that is going to be used for the -- so I will say just any expenditure. Commissioner Winton: 1 would accept that friendly amendment. I think that's not a bad idea either. Commissioner Allen: Right, so, therefore, we would have to make a -- change this amendment to the Section 62-403? Ms. Slazyk: Yes. What 1 would recommend is you approve it on first reading today with the condition that an amendment be added that requires any expenditure to go to the Parks Advisory Board, and you'll see it in black and white on second reading. Commissioner Allen: Right, under 62-4 -- Ms. Slazyk: Exactly. Commissioner Allen: Right. Vice Chairman Gonzalez: All right. The public hearing is closed now. We need a motion and we need a second. Commissioner Winton: So moved with the amendment. Commissioner Allen: Second. Vice Chairman Gonzalez:: We have a motion and we have a second. Mr. City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call, Madam City Clerk. Commissioner Regalado: Where is the amendment? Vice Chairman Gonzalez: As amended. Mr. Fernandez: As amended, it's part of the record. When we read it in second and final reading, then that would be incorporated in. Commissioner Winton: That's when it comes back. Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 24 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.9 05-01089a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLES 4, 6, 9 AND 25 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY MODIFYING REGULATIONS RELATED TO PROVISION OF GREEN SPACE AND OPEN SPACE WITHIN NEW DEVELOPMENT; PROVIDING FOR MODIFICATIONS OF SUCH PROVISIONS BY CLASS II SPECIAL PERMIT WITH CONTRIBUTIONS TO THE CITY OF MIAMI PARKS AND OPEN SPACE TRUST FUND FOR SUCH MODIFICATIONS; MODIFYING CERTAIN DEFINITIONS; PROVIDING FOR CRITERIA, PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01089a Legislation.PDF 05-01089a PAB Reso.PDF 05-01089a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommend approval to City Commission on September 21, 2005 by a vote of 8-0. See related File ID 05-01089. PURPOSE: This will modify provisions related to green space and open space by Class II Special Permit. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Vice Chairman Gonzalez: PZ.9. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 is first reading on the green space and open space requirements ordinance. What this ordinance does, in a nutshell, is it says for your R-1 and R-2 districts, you have a green space requirement, which must be on the ground floor, and it can't be waived for any reason. They must be provided. The only way to get out of it is to go through a variance process. Anything from R-3 and up has an open space requirement, which must also now be provided on the ground floor. The current definition of open space in our zoning ordinance doesn't say that it has to be at the groundfloor, so a lot of developers have put their open space up on their rec. (recreational) decks, on the amenity levels. We're now amending that definition to say it must be on the groundfloor. However, if you can't provide it there, or you don't want to, or for some reason, you need to move it, you can waive it, but you're going to pay into our parks and open space trust fund at a rate of $50 per square foot for each square foot that you move or don't provide at the ground floor, so if a developer has a requirement of 100 square feet of open space and they put 50 on the groundfloor and 50 up above, they're going to pay $50 for every square foot that they move or waive, as a result of this City of Miami Page 25 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 ordinance. That money then goes into the parks and open space trust fund. This has been recommended for approval by the Planning Advisory Board and approval by the Planning Department. Vice Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission on this item, please come forward. Nina West: Just one question. I don't know if I read this properly. I've been reading too much in the dark lately. 1 was reading that they can use the open space instead of recreation space. In other words -- was I reading this right? I'm not sure. The way I was reading it, the backup material, it said you could also -- this could replace the recreational requirement -- Ms. Slazyk: No. OK, the -- Ms. West: Does it have to be in addition to the recreational; that's the question I'm asking? Ms. Slazyk: It's the same amount of open space. There -- the Code has a requirement for residential recreation space for high-rises -- Ms. West: Right. Ms. Slazyk: -- but they have to have a certain amount of residential recreation space -- Ms. West: Correct. Ms. Slazyk: -- for a multifamily development. What this does is it says you don't have to do open space and that. It's one requirement -- Ms. West: Yes, that says one -- Ms. Slazyk: -- and then whatever's not on the ground floor is what you pay -- Ms. West: OK, so -- Ms. Slazyk: -- but they -- it doesn't waive their residential recreation space. That must be provided either upstairs or in gyms, or amenity level -- Ms. West: So, it's recreation space plus open space at some level? Ms. Slazyk: Right, but we don't aggregate it. They can -- they're going to have an open -- Ms. West: That's the part I don't understand. Ms. Slazyk: OK. If not, it's like double-dipping; like the City saying you have to do it twice, so what they -- what they're going to do is they're going to have an open space requirement and the residential recreation space requirement, but the two can count toward the same pool of requirement. They can't fall below the residential recreation space, but the open space would not be in addition to that, so they're going to have an open space requirement, a residential recreation space requirement. They can't waive this, but if they don't meet the open space, that's what they're going to pay for because there's a minimum number for that. Ms. West: OK, so if they don't meet the open space -- Ms. Slazyk: They got to pay for it. City of Miami Page 26 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. West: -- then they pay. Now, if they move the open space off of the first -- the groundfloor where it used to be -- Ms. Slazyk: They still have to pay. Ms. West: -- do they pay for that, too? Ms. Slazyk: Yes -- Commissioner Winton: Yes. Ms. Slazyk: -- they do. Ms. West: So, they have to -- Ms. Slazyk: Whatever is not on the ground floor, they pay for. Ms. West: They pay for, and if there's a shortage of open -- supposing there wouldn't have been enough room on the groundfloor for the green space requirement, the FAR (floor/area ratio), and everything. Ms. Slazyk: 1 don't understand that question. Ms. West: Well, I -- that's what I'm trying to understand. I don't understand. Commissioner Winton: 1 think 1 understand. Ms. Slazyk: I just don't know what the -- Commissioner Winton: Nina. Ms. Slazyk: -- question is asking. Ms. West: Right, the question -- Ms. Slazyk: If there's not enough space, then -- if they have a hardship -- Ms. West: What I'm saying is -- Ms. Slazyk: -- criteria -- Ms. West: -- can they pay for -- in other words, the requirement is you have to have green space, open space, and you have your building. Ms. Slazyk: No, no more green space requirements on these. It's an open space requirement, which must be on the groundfloor -- Ms. West: I mean, the green space still remains, though, right? Ms. Slazyk: Only for R-1 and R-2. Ms. West: Oh, OK, that's what 1 was trying -- Ms. Slazyk: OK, now, what's -- City of Miami Page 27 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. West: So the green space requirement for R-3 and higher -- Ms. Slazyk: There isn't a green space; it's an open space, which has to be at the ground floor, and they can waive it or move it by this ordinance, by paying into the trust fund. They still have to meet their minimum residential recreation space, and that can be anywhere within the building, but whatever open space requirement is not at the ground floor, they have to pay for. Ms. West: OK. Ms. Slazyk: They're still going to have setback requirements where -- and there is still a Dade County landscape ordinance, which is going to require them to have green, but we're not going to call it a green space requirement so that it doesn't have to be on the ground floor. They can pay us instead. Ms. West: OK. It's a little confusing, and we're wondering -- Ms. Slazyk: All right. Ms. West: -- if there's going to be just these flat facades -- Ms. Slazyk: All concrete. Ms. West: -- with windows, you know. Ms. Slazyk: No. There is still a Dade County landscape ordinance requirement that they have to meet, so -- Commissioner Winton: Well, in addition to that, though, our entire code has changed requiring all kinds of change in design at ground floor level now, so -- Ms. Slazyk: Exactly. Commissioner Winton: -- you couldn't build, as an example -- Ms. Slazyk: Blank walls, no. Commissioner Winton: -- the Dade County Administration building, where the museum of -- where MAM (Miami Art Museum) is, you know, which is that kind of -- that moat wall kind of thing there. That's a government facility, by the way, so -- but you couldn't build that in the City of Miami today. Ms. Slazyk: Not -- well -- Commissioner Winton: You'd have -- I mean, the government may -- the County may be able to, but if that were a -- let me rephrase that. If that were a private sector development, they couldn't build that in the City of Miami today. Ms. Slazyk: Right, unless there was no special permit required -- Commissioner Winton: Yeah. Ms. Slazyk: -- then they could. Ms. West: Then they could. Thank you. City of Miami Page 28 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Slazyk: That's what we're trying to change with Miami 21. Commissioner Winton: Now, I have another issue that I'm still struggling with, and that's the $50 requirement. Ms. Slazyk: OK. Commissioner Winton: The $50 requirement will work in some areas of the City of Miami because that's where land values are today. The $50 requirement will not work anywhere in District 2. There isn't anywhere in District 2 where you have high-rise zoning where land values come close to being $50 a foot. They're $200 a square foot; $400 a square foot. I don't even know what the latest calculation is, but it's monstrous, and so what we're doing by sticking with this $50 per square foot deal is a freebie. You know, I can get all that additional FAR; pay you 50 bucks a foot. What the heck? It's a bargain when the land cost me 400 bucks a foot. Commissioner Allen: Well -- Ms. Slazyk: Yeah, it's not really -- Ms. West: That was my point the last time. Commissioner Allen: -- before you -- Ms. Slazyk: It's not FAR. They're not getting FAR for it. What they're doing is just paying for something that they're already doing, which is moving their open space up to a rec. deck, so it's not like we wouldn't -- we're not getting anything for what they're doing now. Commissioner Winton: Oh, OK. Ms. Slazyk: This just going to -- they're going to pay us for moving this open space. Commissioner Winton: That's what I didn't understand. Commissioner Allen: Right, but -- Ms. Slazyk: This is not an FAR bonus. This does not -- Commissioner Allen: Right. Ms. Slazyk: -- increase their development capacity by one square foot. Commissioner Winton: It just takes that credit that we gave them for putting their open space on the 15th floor of the parking deck -- Ms. Slazyk: Which they're doing today anyway. Commissioner Winton: -- which they're doing today -- Commissioner Allen: Right. Commissioner Winton: -- it -- we'll still allow them to do that -- Ms. Slazyk: Exactly, but we get -- Commissioner Winton: -- but they're going to pay us -- City of Miami Page 29 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Slazyk: -- $50 per square foot. Commissioner Allen: Right. Commissioner Winton: OK, got it. Commissioner Allen: Right, and -- Commissioner Winton: That -- see, that -- that's good. Commissioner Allen: -- having said that, let me just -- Vice Chairman Gonzalez.: All right. Before -- Commissioner Allen: -- I'm sorry. Vice Chairman Gonzalez: -- continuing, ma'am, are you finished with the questions? Ms. West: Do you want me to rephrase the question? Vice Chairman Gonzalez: No, I just want to know if you finished. Commissioner Winton: No. He was asking if you were finished with your question. Vice Chairman Gonzalez: Do you have any other questions, so I can close the public hearing, and then bring it back to the Commission for the discussion among the Commissioners? Ms. West: No, I don't have any questions. Thank you. Vice Chairman Gonzalez: You're done? Thank you. Yes, ma'am. Judith Sandoval: First of all, congratulations. This is great. It's what we've been hoping for, for more parks and everything. It's great. Commissioner Winton: You have to put your name and address on the record. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I only wanted to say that couldn't it be more than $50, and do it by district, according to land values? You know, it's like the tree ordinance. You have to pay for a really big tree, and you want to move it, or you kill it or something, it's $5, 000, but usually, they end up paying 500; so if you've got a bunch of trees and the developer wants a building, he just cuts them all down because it's a very small expense for a developer putting up a big building, and we're trying to build up a parks trust fund -- Commissioner Allen: Right. Ms. Sandoval: -- so couldn't we ask a little more? Couldn't we ask 100 or 150? Commissioner Allen: Well -- Ms. Sandoval: Believe me, they can afford it. Commissioner Allen: If I could weigh in, Mr. Chairman? Vice Chairman Gonzalez: Well, no, no. City of Miami Page 30 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: I'm sorry. Vice Chairman Gonzalez.: Let's -- Commissioner Allen: You took the words out of my mouth. Vice Chairman Gonzalez: -- hear from the public and then -- Commissioner Allen: Yeah. Vice Chairman Gonzalez: -- we'll bring it back to the Commission, and we discuss it among the Commissioners, and this is only first reading. For the second reading, I'm sure that Lourdes is going to take into consideration their comments and try to accommodate what they're trying to say to see if we can please everyone with these -- Ms. Sandoval: OK. Thank you. Vice Chairman Gonzalez: Yes, ma'am. Commissioner Winton: And let me help answer you. I don't know the right answer yet -- Vice Chairman Gonzalez: Right. Commissioner Winton: -- so you -- I'm the one that brought the same -- very same issue up because 1-- but there's some technical issues that she needs to put on the -- Commissioner Allen: Record. Commissioner Winton: -- record, and then we need to think about it some more, and I'm still -- Ms. Sandoval: OK. Commissioner Allen: Right. Commissioner Winton: -- kind of trying to -- Ms. Sandoval: Great. Commissioner Winton: -- sort through this a bit -- Ms. Sandoval: Thank you. Commissioner Winton: -- myself. Commissioner Allen: And Mr. -- Vice Chairman Gonzalez: All right. Anybody else? Ms. Slazyk: We'll look at it before second reading, but there were -- you know, there was a lot of -- you know, we came up with the 50 using information from the Parks Department, and we were comfortable with that number -- Commissioner Allen: Wait. That's -- City of Miami Page 3! Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Slazyk: -- so -- Commissioner Allen: And, Mr. Chairman, see, that's my question. Vice Chairman Gonzalez: All right. Commissioner Allen: The methodology, yes. 1 mean, what's the -- ? Vice Chairman Gonzalez: Is anybody else from the public that wishes to address the Commission on this item? OK, seeing none, hearing none, the public hearing is closed. Commissioner Allen, you're recognized. Commissioner Allen: Yeah. My only concern was the methodology behind the $50 a square foot. How did it -- ? You know, (UNINTELLIGIBLE) -- Ms. Slazyk: The -- Commissioner Allen: -- and how did it arrive at that figure? Would that figure be applicable to each district? That's my question and my concern. Ms. Slazyk: Well, we worked -- Commissioner Allen: I think she took it right out of my -- Ms. Slazyk: -- with the Parks Department, and it was based on an average. Remember, this is -- a developer is not being told they have to pay this. They have a choice. They can either provide it at the ground floor the way the code requires, or if they want to move it or waive it, then they pay this, so it's not like an impact fee, where it's based on, you know, very scientific studies. This was based on an average number citywide that we worked with the Parks Department on certain level of improvements in parks -- Commissioner Allen: Right. Ms. Slazyk: -- and this is the number we're comfortable with. We can always revisit it in the future, but for now, this is the number we recommend. Commissioner Allen: Right, and this figure is not -- Vice Chairman Gonzalez: All right. Commissioner Allen: -- to be considered punitive in any way, that you're coming up -- Ms. Slazyk: No, no. Commissioner Allen: Right. That's my point. Ms. Slazyk: It's completely 100 percent the choice of the developer. Commissioner Allen: Right. Ms. Slazyk: He can either provide it, or -- just like the Affordable Housing Trust fund, that number -- you know, the -- a developer choosing to request FAR bonuses for giving us a dollar amount that we use toward a greater good in the City, it's their choice; they're not being forced to do it. City of Miami Page 32 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Right, and one last question. Lourdes, 1 trust your expertise in this, but the resident did proffer how about maybe $70, $40, less. I don't know. I mean -- Ms. Slazyk: 1-- what I'll do before second reading is -- Commissioner Allen: Yeah. Ms. Slazyk: -- we'll sit with the Parks Department and see if they want to try to split up by the different neighborhoods. This was an average for the City -- Commissioner Allen: OK. Ms. Slazyk: -- and again, we were comfortable with it, but we will look at that for second reading. Vice Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: OK. This ordinance eliminates at all the possibility of any developer, paying or not paying, that would use the City's right-of-way or the Swale area as green space, as we have in 27th Avenue. You know, in 27th Avenue, the developers use the swale area, the City's right-of-way, the one that we maintain, as their green space for their building. Commissioner Winton: 1 think this is different. Commissioner Allen: Are they -- is that -- ? Commissioner Regalado: Hello. Commissioner Winton: I think we need to understand. Commissioner Allen: Is that a truism? Ms. Slazyk: Well, the -- I just -- speaking to the Zoning Administrator. By eliminating the green space in R-3 or higher and replacing it with open space as written, I think it eliminates that -- Commissioner Regalado: You think? Ms. Slazyk: -- for R-3 and higher. Well, I'd like the Zoning Administrator to give an opinion on the -- Commissioner Regalado: OK. Ms. Slazyk: -- words, and he needs to look at it, but -- Commissioner Regalado: Because they're going to find a way. Ms. Slazyk: Because there isn't a green space requirement anymore for R-3 and higher. It's open space, and there's all new rules in here for it, so we'll look at that for second reading and see -- Commissioner Regalado: Yeah, yeah, yeah, but the thing is -- Ms. Slazyk: Yeah. Commissioner Regalado: -- it is a shame that we allowed developers to use the swale area, you City of Miami Page 33 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 know, the thing that is just next to the street -- Ms. Slazyk: 1 know. Commissioner Regalado: -- as measure for the green space that they have to provide. That's wrong because, after all, if somebody trips and falls on that, it's the City's responsibility. The City is the one that should maintain the swale area, so -- Ms. Slazyk: I think that's a great point, and I would ask you to add that as a condition to your approval, and 1'll make sure that we close that loophole for second reading. Commissioner Regalado: There is -- 1 mean, they'll find -- Ms. Slazyk: If it -- well -- Commissioner Regalado: -- a way to get through and -- Ms. Slazyk: Not if it explicitly says -- Commissioner Winton: She just gave you a method. Put it in as an option? Commissioner Regalado: Oh, right. Ms. Slazyk: -- yeah, that nothing beyond the net lot area shall count towards meeting these requirements. Commissioner Regalado: Right. Ms. Slazyk: If that sentence is in there, explicitly, nobody can find a loophole because it's explicit. Commissioner Regalado: OK, well, we'll put in there. Ms. Slazyk: Approve it with that condition and we'll add that -- Commissioner Regalado: City Attorney. Ms. Slazyk: -- for second reading. Commissioner Regalado: City Attorney, City Attorney. Jorge Fernandez (City Attorney): Just listening. Commissioner Regalado: OK. As long as you put that phrase over there, I'm happy. Commissioner Winton: Do we have a motion on the table yet? Priscilla A. Thompson (City Clerk): No. Mr. Fernandez: For second reading, we will make sure that well address that concern. There is more than one way of writing the language to make sure that that doesn't take place in the future. Commissioner Regalado: How about -- City of Miami Page 34 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Slazyk: OK. Commissioner Regalado: -- if somebody forgets to put it in second reading? Mr. Fernandez: No, no, we will -- Commissioner Winton: Well, we're going to be -- Mr. Fernandez: -- make sure. Commissioner Winton: Well, if somebody forgets, then you ought to read it. It's coming back before us. Ms. Slazyk: You don't approve it. Mr. Fernandez: It will be incorporated. Ms. Slazyk: You continue it, yeah. Commissioner Winton: I would like to move PZ9, with Commissioner Regalado's -- Ms. Slazyk: Condition. Commissioner Winton: -- recommended change to the ordinance. Mr. Fernandez: Yes. Ms. Slazyk: OK. Commissioner Allen: Right, recommended -- Vice Chairman Gonzalez: All right. We have a motion. Do we have a second? Commissioner Regalado: Second. Commissioner Allen: Yes, but Commissioner Winton, for clarification purposes, does that also entail the methodology of the $50 per square foot? Would they consider that also, increasing -- ? Commissioner Winton: They're going to come -- they've made a commitment already that they'll come back to us in second reading and either give us additional logic for the 50 or some modification thereof -- Ms. Slazyk: Right. Commissioner Winton: -- and then we got to hear it, and we'll make a decision. Commissioner Allen: Great. Ms. Slazyk: Yeah, the only issue is if it goes -- if it increases, it may have to go back to PAB (Planning Advisory Board), so we'll -- Vice Chairman Gonzalez: All right. Ms. Slazyk: -- bring you more information. City of Miami Page 35 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: We --1 want to speak in the issue of the monies. The cost of land in your district and my district -- you know, your district and my district are very unfortunate districts. They have been the poorest districts of the City of Miami for ages, and we cannot compare the price of land in my district or your district -- Commissioner Winton: To mine. Vice Chairman Gonzalez: -- with -- Commissioner Allen: Precisely. Vice Chairman Gonzalez: -- the cost of land in your district -- Commissioner Winton: Absolutely. Vice Chairman Gonzalez: -- so there has to be some kind of differential -- Commissioner Allen: Equilibrium. Vice Chairman Gonzalez: -- within the monies that is going to be paid in your district and my district because one thing that 1 don't want to do is to create obstacles for anybody coming into my area to redevelop my area that hasn't had any redevelopment for the last 40 or 50 years. Commissioner Allen: Correct. Vice Chairman Gonzalez: Same is happening with your district -- Commissioner Allen: Correct. Vice Chairman Gonzalez: -- so you know, what -- we've got to be very careful -- Commissioner Winton: That's the balance. Commissioner Allen: Right. Vice Chairman Gonzalez: -- how we handle this. Commissioner Allen: Right. Vice Chairman Gonzalez: All right. Commissioner Winton: Absolutely. Vice Chairman Gonzalez: Because I know there are areas that development is overboard, and there has been a lot of development, but there is still some poor neighborhoods in the City of Miami that pay taxes and contribute to pay the expenses of other neighborhoods -- Commissioner Allen: Right, and -- Vice Chairman Gonzalez: -- OK, that have been privileged neighborhoods for years in this City, that you know -- and our district deserve the same right of development -- Commissioner Allen: Precisely. City of Miami Page 36 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: -- and prosperity as other districts in the City of Miami, so -- Commissioner Allen: And if I could, Mr. Chairman -- Vice Chairman Gonzalez: Yes. Commissioner Allen: -- because that's exactly where I'm getting at. That's why I indicated whether or not it should be higher or lower, depending on each district. Maybe there should be a weighted process, a weighted measuring process, depending on the district, and then that also would require the City Attorney to opine on this. I don't think -- Mr. City Attorney. Mr. Fernandez: Yes. Commissioner Allen: Is that possible? 1 don't think that we will be taking anyone private property rights. For example, with Commissioner Winton's district, they must pay $50, but yet, when they come to our district, there will be maybe a $20 cost. Vice Chairman Gonzalez: You know, the problem is that reality is that for years anything negative went across the bridge -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- to your area and my area. Commissioner Allen: Correct. Vice Chairman Gonzalez: Jails, courthouses, drug addicts -- Commissioner Winton: Incinerators. Vice Chairman Gonzalez.: -- programs, alcoholic programs -- Commissioner Winton: Ash. Vice Chairman Gonzalez: -- women detention center, children and family, youth jail; you know, nobody wanted any of this in their districts and their neighborhoods, so they put it across the river, across the bridge, so it's time to, you know, re -- take possession of our neighborhoods and start giving those people the same quality of life, the same dignity, and the same respect that everybody else has in this city, so saying that, we have a motion and we have a second. Mr. City Attorney -- Mr. Fernandez: Yeah. Vice Chairman Gonzalez: -- it's an ordinance. Mr. Fernandez: Correct, but speaking to the proposed amendment, we will look for language that builds in an equitable factor. 1 don't know whether it is by district, per se, or -- Commissioner Winton: Maybe. Mr. Fernandez: -- some other mechanism, but we will work on that for you before we come back. Vice Chairman Gonzalez.: That will be up to the department director to work it out, and I suggest that you should meet with each individual Commissioner -- City of Miami Page 37 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Ms. Slazyk: Yeah. Vice Chairman Gonzalez: -- you know, with your proposed plan. I mean, don't do it like you did it now because all 1 know about this ordinance is what 1 read. Nobody sat with me, and you know, and told me what you were doing, so you know -- Ms. Slazyk: All right. Well, well -- Vice Chairman Gonzalez: -- we need to -- Ms. Slazyk: -- do that before second reading and see if we can find a solution. Vice Chairman Gonzalez: -- start giving a little bit of consideration to the Commissioners that sit up here, OK? Everybody needs to start learning to do that. Mr. Fernandez: So then, again, is a reading -- a first reading with the two recommendations, one by Commissioner Regalado, which looks at the issue of making sure we close that loophole so that green space on the swale is not counted -- Commissioner Regalado: No, but Mr. City Attorney, with all due respect, what Commissioner -- what Vice Chairman Gonzalez is saying that we're -- we come here blind. We have to spend that many minutes discussing this because no one bothered -- Vice Chairman Gonzalez: Exactly. Commissioner Regalado: -- to come and brief us on that, and don't tell me it's about Wilma or Katrina because, 1 mean, you weren't giving out ice, but I was available, so you know, there is a total disconnect with the Administration and at least with this Commissioner because I'm always out of the loop, but then, you know, I'm the black sheep here, but you know, you get -- you know, when you plan winds, you get storms, so I just vote no, and then that's your problem. I just amend your motion and all your meetings and everything go to the drain, and it only takes half an hour. I'm always available. Vice Chairman Gonzalez: Me, too. Commissioner Regalado: 1 am always available. There's no week that any administration official have asked for a meeting that 1 have never responded no; always available. I just want -- Vice Chairman Gonzalez: All right. Commissioner Regalado: -- to say that. Vice Chairman Gonzalez: Read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call, Madam City Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.10 05-01050 RESOLUTION City of Miami Page 38 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED NORTH OF NORTHEAST 36TH STREET BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT 05-01050 Legislation.pdf 05-01050 Exhibit A.pdf 05-01050 Planning Analysis.pdf 05-01050 Zoning Map.pdf 05-01050 Aerial Map.pdf 05-01050 Class II Special Permit Final Decision.pdf 05-01050 Class II Special Permit Appeal.pdf 05-01050 Public Works Analysis.pdf 05-01050 Public Works Letter.pdf 05-01050 ZB Reso.pdf 05-01050 Application & Supporting Docs.pdf 05-01050 Fact Sheet 10-27-05.pdf 05-01050 Presentation.pdf 05-01050 Submittal-1 pdf 05-01050 Submittal-2.pdf 05-01050 Submittal-3.pdf 05-01050 Submittal-4.pdf REQUEST: Official Vacation and Closure of an Alley LOCATION: Approximately North of NE 36th Street Between North Miami Avenue and NE Miami Court APPLICANT(S): A & S Design District Development, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with conditions* on June 2, 2005 by a vote of 5-0. ZONING BOARD: Recommended approval with conditions* to City Commission on September 12, 2005 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a unified commercial development site for the proposed Electra project. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Chairman Sanchez absent, to continue item PZ 10 to the Commission Meeting currently scheduled for December 15, 2005. City of Miami Page 39 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez.: All right. PZ 10. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 10 is an official vacation and closure of an alley north of 36th Street between North Miami Avenue and Northeast Miami Court. It's been recommended for approval with conditions by the Zoning Board and by the Plat and Street Committee. The conditions of the Plat and Street Committee go to the public benefit. Condition number 1 is acceptance by the City of a voluntary contribution of funds in the amount of $50, 786.72 towards the cost of the City's Capital Improvement Program job number B40699, entitled "Buena Vista Heights," and also, the applicant shall complete the site pedestrian improvements contained in the Class II Special Permit for the Electra development, including wide sidewalks, uniform pavers, and public accessible plaza along Northwest 36th Street and Northeast Miami Court. Those were the findings on the public benefit, so it's been recommended for approval. Commissioner Allen: Mr. Chairman, Lourdes, can I just ask a quick question before you chime in? Can they build their structure without the closure or -- and/or vacation of this alleyway? Ms. Slazyk: I don't believe -- not as presented. Commissioner Allen: As proposed. Ms. Slazyk: They would have to modem it, yes. Commissioner Allen: But it can be built? Ms. Slazyk: They'd have to change it substantially. Commissioner Allen: And in what way? Ms. Slazyk: J'll let the applicant -- Commissioner Allen: OK. Ms. Slazyk: -- explain that, yeah. Gilberto Pastoriza: Good afternoon, Mr. Chairman, members of the Commission. Vice Chairman Gonzalez: Good afternoon. Mr. Pastoriza: Gilberto Pastoriza, 2665 South Bayshore Drive, here on behalf of the applicant, and this is an alley vacation that occurs between Northeast Miami Court, North Miami Avenue. It's a ten foot alley that runs for a distance of 188 feet. The -- actually, the criteria that you have with regards to vacation of alleys in your code is Section -- Commissioner Allen: 55. Mr. Pastoriza: -- 55-15. That section says that the following conditions must be met -- by the way, all of your -- the -- all of your departments, including your Public Works Department, the Plat and Street Committee, have gone through all of these criterias [sic] and they have recommended approval. Also, your Zoning Board recommended approval of this item. The first item is, is it in the public interest, or would the general public benefit from the vacation of the rights -of -way or easements? I submit to you that we have gotten together with your City administration and we have agreed to contribute $50, 000 to the -- as a public benefit contribution for the City to offset some of these capital costs of the improvement program City of Miami Page 40 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 number B40699, which is the Buena Vista Heights job improvement program. The Buena Vista Heights improvement project is addressing street improvements to the surrounding streets in this area, thus providing a general public benefit from the contributions that we're making. The next item is, is the general public no longer using the rights -of -way or easements, including public service vehicles, such as trash, garbage trucks, et cetera? 1 submit to you some photographs of the area in question, which clearly shows that that alley has never -- has not -- it's not in use; it's not paved, and therefore, at the present time and for a while, has not been used by any public service vehicle. Third, would there be no adverse effect on the ability to provide police, fire, or emergency services? This property has three street frontages; it's Miami Avenue on the west, 36th Street on the south, and Northeast Miami Court on the east, and by the way, the Julia Tuttle expressway immediately abuts this property on the north, and actually, Northeast Miami Court dead -ends over on the expressway; and then, finally, the last criteria is would the vacation -- Commissioner Winton: Would the vacation and closure of the rights -of -way -- Mr. Pastoriza: Yeah, right. Commissioner Winton: -- or easements have a beneficial effect on -- Mr. Pastoriza: Right. There you go. Commissioner Winton: -- pedestrian and vehicular -- Mr. Pastoriza: Thank you, sir. Commissioner Winton: -- circulation in the area? Mr. Pastoriza: Well, first of all, the closing of the alley itself eliminates two curb cuts there. Any new projects that would be built here would have to make improvements to all the surrounding sidewalks, so therefore, we do believe that any project that will be built here would make an improvement to the pedestrian traffic. 1 will submit to you that these are the standards in your code that you must follow in determining whether or not the road closure is proper. Commissioner Allen: Right. Mr. Chairman. If 1 may, Mr. Pastoriza, you know I love you. You're a great guy, and you're saying a great deal of things, but can I stop you from time to time because you're saying some operative things I'd just like to get -- Mr. Pastoriza: Yes, sir. Commissioner Allen: -- a quick answer to? Right, and you're mentioning -- you're indicating 55-15, but it also gives the City Commission the ability to make a determination as to whether or not we should vacate or close this, notwithstanding, correct? That's part of -- Mr. Pastoriza: Well, the ultimate decision maker -- Commissioner Allen: Yeah, which is -- Mr. Pastoriza: -- is that -- is you, as Commissioners. Commissioner Allen:: -- the City Commission, correct? Mr. Pastoriza: Yes, sir. Commissioner Allen: Right, right, just want to make sure of that. OK, and let me also ask, by closing this, does this give you the ability to increase your floor/area ratio? City of Miami Page 41 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Mr. Pastoriza: Well, the floor/area ratio, no, because the floor/area ratio is based on gross lot density, and therefore, even if this alley was not to be closed, since we own both sides of the alley Commissioner Allen: Correct. Mr. Pastoriza: -- we could incorporate the entire alley as part of our floor area. Commissioner Allen: Right, so this doesn't give you the ability, if it was closed, assuming arguendo, we agree with you, that you can then go higher because you now have additional floor/area ratio? Mr. Pastoriza: No, sir. The floor area remains the same. Commissioner Allen: OK. Mr. Pastoriza: And just in summary -- and then I would like to reserve some time for rebuttal because I know that there's some people here in opposition to this matter -- all of your boards, the Zoning Board, all your professional staff is recommending approval of this application. We believe that we meet the criteria in your code for the granting of the road closure, and we respectfully request that you approve this road closure. Thank you, and I would like to reserve time. Commissioner Allen: Oh, one -- Vice Chairman Gonzalez: All right. Commissioner Allen: -- before you -- one last question. Vice Chairman Gonzalez: Yes, sir. Commissioner Allen: (UNINTELLIGIBLE). 1 heard Madam Lourdes mention $50, 000. How did that methodology come about? I mean, who arrived at that magic figure, and -- ? Ms. Slazyk: They -- what they -- Commissioner Allen: I just was curious. Ms. Slazyk: -- did was they chose one of our CIP (Capital Improvements Program) projects for the area for street improvements, and sort of adopted it, and -- Commissioner Allen: Right, but the amount, the figure -- Ms. Slazyk: -- that's the -- Commissioner Allen: -- so -- Ms. Slazyk: -- number that was in the CIP -- Commissioner Allen: -- that 50,000 is -- Ms. Slazyk: -- for the project. Yeah. Commissioner Allen: -- line item? OK, gotcha. City of Miami Page 42 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: All right. This is a public hearing. Anyone that wishes to address the Commission in reference to this item, please come forward, in favor or in opposition. Yes, ma'am. Have you been sworn in? Brenda Kuhns: No, I haven't. Vice Chairman Gonzalez: Have you been sworn in? Ms. Kuhns: 1 have not. Vice Chairman Gonzalez: OK, Madam City Clerk. Priscilla A. Thompson (City Clerk): Those of you who have just come in and have not been sworn in, 1 need you to please raise your right hand. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Vice Chairman Gonzalez: All right. Yes, ma'am. Ms. Kuhns: Thank you. Vice Chairman Gonzalez:: Your name and address for the record. Ms. Kuhns: My name is Brenda Kuhns. My address is 119 Northeast 43rd Street. Scott Short: Hi. Vice Chairman Gonzalez: Yes, sir. Mr. Short: My name is Scott Short. My address is 44 Northeast 46th Street. Vice Chairman Gonzalez: All right. Are you going to do a presentation together or -- ? Ms. Kuhns: We're going to do a short presentation, during which we both speak. Vice Chairman Gonzalez: OK, go ahead. Ms. Kuhns: Thank you. We also have paper copies of our presentation for each Commissioner, and one for the Clerk. Tell me when that's ready to go. Vice Chairman Gonzalez: Yes, sir. Go ahead. Mr. Short: Go ahead, Brenda. Vice Chairman Gonzalez: OK. Ms. Kuhns: Can they see it? It's not -- Mr. Short: Oh, we need the audio/visual people to connect us. Vice Chairman Gonzalez: They need to use the screen for the presentation. Ms. Kuhns: We can do the presentation without it. Can you see it on your screens? City of Miami Page 43 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Regalado: No. Vice Chairman Gonzalez: No. Ms. Kuhns: No, OK. Then we can't. Commissioner Regalado: Well, that's OK. I have this. Ms. Kuhns: I'd prefer if the public could see it as well. We were informed that the screen would also portray our presentation so that people watching on the -- Unidentified Speaker: We'll get it right up. Ms. Kuhns: -- public network would be able to see it. Unidentified Speaker: We'll get Communications to (UNINTELLIGIBLE). Ms. Kuhns: OK, great. Vice Chairman Gonzalez: They're going to get it ready. Mr. Short: While you're waiting, I could just ident myself. I'm the vice president of the Buena Vista East Historic Neighborhood Association. Ms. Kuhns: And I'm a member of the board of the Buena Vista East Neighborhood Association, and I'm also the chairperson of the development committee. We are here on our individual capacities, as residents, and also on behalf of the association. Unidentified Speaker: There you go. It's up on this screen. Ms. Kuhns: You ready? Mr. Short: OK. Ms. Kuhns: OK. Commissioners, can you also see it on your screens? Commissioner Winton: Not yet -- Ms. Kuhns: OK Commissioner Winton: -- but 1 can turn -- Vice Chairman Gonzalez: Yeah, we got it. We got it now. Commissioner Winton: It's like my electricity two nights ago; it just popped up. Ms. Kuhns: Wilma strikes again, right? Thank you, Commissioners, for allowing us -- Vice Chairman Gonzalez.: We're ready, so go ahead. Ms. Kuhns: -- to speak today. Individually, and on behalf of the Buena Vista East Historic Neighborhood Association, we oppose the vacancy and closure of an alleyway that runs through the applicant's property. We ask that this Commission deny this official vacancy and closure of a public alley for the Electra I project. In the alternative, we ask that you require the applicant to City of Miami Page 44 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 significantly reduce the height and scale of his project prior to any approval of the closure, or also in the alternative, we ask that this Commission delay decision on this vacancy and closure of the alley until completion of two appeals to the Class II Special Permit granted for this property and this project. We oppose this alley closure for four reasons. First, the official vacancy and closure of this public alley is in violation of Section 55-15(c) of the City of Miami ordinance. Second, this -- I'll go into each point in more detail after I mention them briefly. Second, this project is in violation of Section 1305.2 of the City of Miami Zoning Code, which requires new development to be in context with the surrounding community. The developer is not building within his property rights because in order for him to build this project, this City and this Commission must give him a piece of public land. 1 know that Commissioner Allen had asked the applicant if he would be able to maintain the same FAR, the same floor/area ratio, without the alley closure, and he did answer the question properly, but what he didn't mention is that this alley runs directly through the middle of the property. This alley divides two lots. He would not be able to aggregate the lots. He also would not be able to build the project because he wouldn't have permission to build on public land, so the giveaway of this alley makes this building possible. I just want to clarify that. Third, the character of the Design District, the historic downtown area, the town center for Buena Vista is worth saving, and will be irreparably damaged by high -scale developments like Electra I; and fourth, this project is in contradiction to Miami 21 's smart growth principles, which call for appropriate transitions between C-1 urban core and R-1 residential zoning. Our first point, official vacation and closure of this public alley is in violation of 55-15(c) of the City of Miami ordinance. 55(c) -- 55-15(c)(1) requires a vacation and closure to be in the public interest or benefit the general public. Closure of this alley to facilitate construction of a 30-story enormous project, Electra I, does neither. Indeed, Electra I is a detriment to the surrounding residential and low -scale commercial communities. 55-15(c)(1) requires that the project be in the public's best interest. It requires a public benefit. Fifty thousand dollars is not a public benefit sufficient to justify the damage to the surrounding areas that this building will cause. Also, a 30-story building on this lot is also not a public benefit. Section 55-15(c)(4) requires that a vacancy and closure benefit pedestrian and vehicular circulation in the area. Closure of this alley benefits neither. Present and planned infrastructure would be overburdened by this 30-story building. It is not in the public interest due to the negative impacts on traffic on 36th Street and North Miami Avenue. Building -- 1'm sorry, closure and vacancy of this alley makes this project possible, and yet, it does not create a public benefit, nor does it create a benefit to the pedestrian or vehicular traffic. Our next slide shows that our desire is to make North Miami Avenue, which is presently a very unsafe street -- we've had neighbors get hit by cars. This is a terribly dangerous street. There are very few traffic lights, and we -- it is our goal to have this street become more pedestrian friendly. Vacancy and closure of this public alley would make our goal to make North Miami Avenue safer impossible. We desire lower volume and more pedestrian friendly North Miami Avenue, which will never be possible if the high -density development, such as Electra I, is permitted in SD-8. This next slide shows our recommendation and what the City planner -- or the DPZ (Duany Plater-Zyberk), who -- is it DPZ? Mr. Short: Yes. Ms. Kuhns: -- did our charette -- had a charette a couple of years ago, and the residents all got together with DPZ, hired by the City. It was an enormous effort, and we all, together, came up with this plan for North Miami Avenue. Mr. Short: This is from the FEC (Florida East Coast) charette. Ms. Kuhns: As you can see, it includes medians, crosswalks; it's a pedestrian friendly street. With the density that the applicant's project would create, this plan is not possible. Second, Electra I violates Section 1305.2 of the City of Miami Zoning Code, and this alley closure and vacancy makes possible a project that is in violation of the City of Miami Zoning Code, and as such, should be denied Section 1305.2 requires new development to respond to the physical, City of Miami Page 45 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 contextual environment. Section 1305.2 requires that this project be in scale with the surrounding neighborhoods, and it is not. There is nothing even remotely close, in any way, the size or scale of this project. The City staff during design review for Electra 1, repeatedly pointed out this exact point. On March 1, 2005, City staffers during design review said -- or wrote in their review, "The building height is out of scale for the area." This -- Jorge L. Fernandez (City Attorney): Mr. Chairman. Excuse me. The -- I just want to make sure that -- not to interrupt the presenter, but you need to remain focused on the issue that's in front of you, which is the vacation of this easement, and of the Chapter 55-15. Allegations, or alluding, or making arguments with regard to 1305 and whatever potential zoning, or FAR, or all of that would be for another day, another time when it comes in front of you. Right now, the applicant is certainly trying to guide your attention and your focus elsewhere, and that's fine. She may continue with her presentation, if you would entertain that, but it is totally out of focus, and you - - I need to bring you back to focus on 55-15. Vice Chairman Gonzalez: All right. Commissioner Allen: If I may, Mr. Chairman. Vice Chairman Gonzalez: Yes, sir. Commissioner Allen: If I may, he -- the City Attorney is quite right, and we clearly understand your concerns, so if you can, can you remain focused on the issue of as you mentioned, the 55-15 -- Vice Chairman Gonzalez: Alley closure. Commissioner Allen: -- subsection C -- Ms. Kuhns: I will, sir. Commissioner Allen: -- and demonstrate to us, if you will, how does this -- how -- well, you wouldn't demonstrate it. He would be demonstrating how this is benefiting -- this is a public benefit, but why is it not a public benefit. Ms. Kuhns: Yes, sir. May 1 address one -- Commissioner Allen: But bear -- Vice Chairman Gonzalez: Excuse me. Commissioner Allen: If 1 may, and -- but also bear in mind, my understanding is, you said something earlier in your presentation that the alley runs between the two properties in which he -- this developer owns -- Ms. Kuhns: Yes, sir. Commissioner Allen: -- so we're not talking about a street closure, per se, right? Ms. Kuhns: No, it's not a street. Commissioner Allen: 1 don't want anybody to get the wrong impression because I -- Mr. Pastoriza, if you may -- I don't -- I think you may have -- Commissioner Winton: Well, the drawing's in here, in the book. City of Miami Page 46 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Allen: Yeah, the drawing's in here, but so no -- so we'll all be on the same page, we're not talking about a street closure, and we're not talking about a street closure, which I'm (UNINTELLIGIBLE), right. Ms. Kuhns: No. Commissioner Allen: We're simply talking about an alley that's -- Ms. Kuhns: An alley. Commissioner Allen: -- existing on the property as it stands now -- Ms. Kuhns: Exactly. Commissioner Allen: -- pursuant to that site plan. Ms. Kuhns: Exactly. Commissioner Allen: OK. Ms. Kuhns: And -- Vice Chairman Gonzalez: All right. Commissioner Regalado -- Mr. Fernandez: Ten -- Vice Chairman Gonzalez: -- you had a question. Mr. Fernandez: -- feet in width. Commissioner Allen: Ten feet in width, right. Ms. Kuhns: And 188 feet in length. Vice Chairman Gonzalez: Yes, sir. Commissioner Allen: Correct. Commissioner Regalado: OK, the --1 think that, for me, the fundamental question -- although the City Attorney will say, well, you know, you need to stay focused, but the -- everything about this building, apparently, evolves around the alley, so -- Ms. Kuhns: Yes, sir. Commissioner Regalado: -- everything is relevant to this alley, but on point number one, official vacation and closure of this public alley is in violation of Section 55-15(c) of the City of Miami ordinance. My question to the City Attorney, yes or no? Mr. Fernandez: It's up to you. You make that -- Commissioner Allen: Right. Mr. Fernandez: -- determination after you hear -- City of Miami Page a7 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Regalado: No, no, no, no, no, no. I would tell you how I'm going to vote right now, but that's not the point. The point is if this, according to the professional staff, could be considered in violation of the City of Miami ordinance, the 55-15, for the reasons stated here. I mean, I know we have to make the decision, but does -- I mean, why do they say that? Mr. Fernandez: Who says what? I'm -- Commissioner Regalado: In the presentation. Vice Chairman Gonzalez: They say that it is in violation of Section -- Mr. Fernandez: Who's saying that? Staff is saying that? Commissioner Regalado: No, no, no, no. Vice Chairman Gonzalez: The lady is saying that. Commissioner Regalado: The presenter. Vice Chairman Gonzalez: They lady is saying -- Mr. Fernandez: Oh, the -- yeah, of course, because the presenter is -- Commissioner Regalado: No, no, no, no. Mr. Fernandez: -- opposed to it. Commissioner Regalado: No, no. Well, if somebody -- look, somebody comes and say here, you know, it's dark outside; we know that it's daylight, but what I'm saying is that they have done their homework. They have gone by the book, and they claim that it's in violation. I'm asking you if there is any violation at all on this item; public purpose, size of the building, whatever. Mr. Fernandez: Who is in violation? That's what I'm trying to -- Commissioner Allen: Well, maybe 1-- Mr. Fernandez.: Oh, if your question is is the application legal and sufficient in front of you, the answer is yes. Commissioner Allen: Yes. Commissioner Regalado: Well, that doesn't answer my question, but that's OK. I'm not going to stop the presentation. Commissioner Allen: Well, maybe -- Mr. Fernandez: But 1-- frankly, 1 did not understand your question, Commissioner. Commissioner Allen: -- yeah, maybe 1 can bring the focus back here, if I could, Mr. Chairman. Commissioner Winton: Well, I think she was ready. Commissioner Allen: Yeah, I guess -- we sit here as the Commission. We make the ultimate decision, and arguably, this has been, if you will, gone before various boards before it reached us. You now have the opportunity to present this public hearing, OK? Now, 1 guess Lourdes is City of Miami Page 48 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 around, right. Yeah, as it stands now, whatever site plan was submitted by the developer or the plat, apparently it met all of the technical requirements, correct, according to your department? Thus, it was approved favorably, I would assume, from your department and who else? Vice Chairman Gonzalez: Planning, Public Works -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- and Plat and Street Committee. Commissioner Allen: All the applicable boards, right. Now, you're before us now, but you have to convince us -- because, in effect, we're going to have to do a findings of fact -- that this closure of the alley is not in the public's best interest, so that's what you have to give to this board, this committee, for our consideration. Ms. Kuhns: OK. Commissioner Allen: Because they met the technical requirements, you see. Commissioner Winton: Moving right along. Commissioner Allen: Right. Vice Chairman Gonzalez: All right. Let's move on. How long do you think your presentation is going to take, ma'am? Ms. Kuhns: Well, I'd like to address Commissioner Allen's concern, if I could, and -- Vice Chairman Gonzalez: Yes, sure. Mr. Short: It's only a few more minutes. Ms. Kuhns: OK. This board has the discretion to approve or disapprove this alley closure. Vice Chairman Gonzalez: That's right. Ms. Kuhns: We are addressing the issues -- and the City Attorney can address this with me -- we are addressing issues with Section 1305.2 because when this board -- when this Commission decides to give away public land, you should give it away when it's in the public's best interest, and not to facilitate a developer being in violation of another City ordinance. That was our reference for Section 1305. Commissioner Allen: 1 see what she's saying. Commissioner Winton: So let her keep going. Commissioner Allen: She's -- Commissioner Winton: Just keep -- just let her go, and so we'll -- Vice Chairman Gonzalez: Yeah. Commissioner Allen: I see what she's saying. Commissioner Winton: Come on. City of Miami Page 49 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: Go ahead. Commissioner Winton: Keep going. Vice Chairman Gonzalez:: Go ahead. Ms. Kuhns: When considering Section 55-15(c), it's my position that this Commission should consider whether your approval would allow someone to violate another ordinance, and it's our position that such approval would; that approving the alley closure would allow this developer to act in violation of another City ordinance. Commissioner Allen: I see what you're saying. I see exactly what she's saying. Mr. Fernandez: Arguably, because I'm sure that if you let the applicant present and address on that issue, the applicant would give you a contrasting point of view. Commissioner Allen: OK. Vice Chairman Gonzalez: OK, go ahead. Commissioner Winton: Correct. Ms. Kuhns: Commissioner Allen asked me to address the rationale that this -- behind 55-15(c) that this alley closure is not in the public interest. It's in the public interest of the people that live in this neighborhood, work in this neighborhood, the business owners, the property owners, and everybody who walks down the street, down North Miami Avenue, to have a number of things: one is a safe place. Miami Avenue presently is a very unsafe street. I don't know if it's the most unsafe in the City, but it's got to be somewhere close because we have residents and neighbors get hit by cars all the time on this street. We have cars drive into people's homes on this street. Building an enormous 30-story building will create such density on Northeast 36th Street and North Miami Avenue that it would be adverse to the public interest to allow such a project. The public also has an interest in having a livable place to spend their time, to do their shopping, to live, to have a neighborhood. There are historic neighborhoods on -- just immediately north to this project -- proposed project. These historic neighborhoods will be adversely affected by approval of this project, and for these reasons -- wait, 1 have one more. The businesses in the Design District and the commercial property owners in the Design District will be adversely affected also by approval of this alley closure because -- and it is also not in the public interest because such enormous density is going to create an unpleasant environment, and will, we believe, change the character of the Design District, which the business owners in that area have been very careful to try to develop. Commissioner Allen: Right. If I may, Mr. Chairman, this is for furtherance of our understanding of this. 1 don't know if you got to this, but you've handed to us a letter from the City of Miami Planning Department pre -application design review, Class II Special Permit, so are you indicating here, where the arrow has indicated, that -- Mr. Short: That's the slide in front of you right now. Commissioner Allen: -- OK, that this is the violation that you're speaking of? Ms. Kuhns: I'm sorry. He's not talking -- Commissioner Allen: Is this the violation that you're speaking oj? That it's out of character, out of scale, that you alluded to earlier, and now that -- what we would attempt to do now will be a City of Miami Page 50 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 second violation, if you will, so is this that first violation you're speaking of? Ms. Kuhns: I'm not sure what the Class II Permit says of that area that you're discussing. It's our position that this project, if approved in another -- we've appealed this project, and this Commission will hear that appeal at a later date -- Commissioner Allen: Right. Vice Chairman Gonzalez: But -- Ms. Kuhns: -- and -- Vice Chairman Gonzalez: -- the problem that I see here is that we're not discussing the project. Commissioner Allen: Yeah. Vice Chairman Gonzalez: We're not addressing -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- a project in particular. We're talking about an alley closure, and we have to remain concentrated on the alley closure. I mean, any other argument of how the building is going to look, how tall it is going to be, how dense it's going to be, that is for later on. That have -- will have to come back probably under a Special Class II Permit, or whatever. Commissioner Allen: Right. Vice Chairman Gonzalez: It will have to come back, you know, but the -- but now, we're talking about an alley closure. We don't want to go -- because, otherwise, we're going to be talking here for three hours, and we're going to be staying away from the -- Commissioner Allen: Correct. Vice Chairman Gonzalez: -- main issue, which is -- Commissioner Winton: Mr. Chairman. Vice Chairman Gonzalez: -- the alley closure. Yes, sir. Commissioner Winton: Could I suggest that you all wrap up with your recommendations, again, so we're clear on what you're -- Ms. Kuhns: OK. Commissioner Winton: -- recommending to us? Ms. Kuhns: Yes. Mr. Short: Shouldn't we go to the last one? Ms. Kuhns: May I address Vice Chairman Gonzalez's -- Vice Chairman Gonzalez.: Yes, ma'am. Ms. Kuhns: -- comment? City of Miami Page 51 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Vice Chairman Gonzalez: Go ahead Ms. Kuhns: I respectfully disagree, sir, because when this Commission votes to give away public land, it's my position that it should not facilitate the future violation of another ordinance, and when that is at risk, and is yet to be determined, it's my position that this Commission should delay and not approve an alley closure giveaway. It's one of our recommendations that you merely wait until the opportunity for this Commission to hear arguments both for and against the granting of a Class II Special Permit, which would directly address Section 1305 and my argument, and we request that the Commission not give away public land when it's not in the -- not in -- not a public benefit, and also, it's yet to be determined whether or not this project is in violation of another City ordinance. Commissioner Winton: Mr. Chairman. Commissioner Allen: And if I may -- she summed it up, but do you also disagree with the amount of money that's being tendered for this proposed vacation as well? Ms. Kuhns: Yes. We don't believe that $50, 000 is an adequate benefit to the public. Not only is this project a detriment to the nearby residents, neighborhoods and businesses, also to the traffic involved and the pedestrians in the area, but what the developer is -- so, the project itself is not a benefit, but in addition to that, what the developer is calling a benefit, which is this $50, 000 gift, is actually not a benefit in comparison to the detriment that this project is going to cause. Commissioner Allen: Thank you. Commissioner Winton: Mr. Chairman. Commissioner Allen: Thank you. Vice Chairman Gonzalez: All right. Yes, sir. Commissioner Winton: We've had a very -- we've had a significant number of alleyway closure requests before this Commission, at least since I've been elected, and there's a number of them that we have, in fact, denied, and we've denied them for some of the very reasons that this group is outlining. There's no question -- I'm looking at this site plan. You can't build the same building on the site if you have -- if you don't have that alley closure as you could build with the alley closure, and not to get into the battle over whether the building is good or not, which I think it is not on that particular location, but I think they make -- that I'm very concerned about size and scale on this particular location, and so, as a consequence, I think best for us to err on the side of caution here. If there is an appeal of -- and I don't know, Mr. City Attorney, if we can even consider it this way, and you can tell me because if we can't, then I'll be glad to offer another suggestion here because it seems, in terms of where I'm going with a motion, the motion is going to be to deny this alley closure. Commissioner Allen: Second. Commissioner Winton: Now, what I'm willing to consider -- Vice Chairman Gonzalez.: Wait a minute. Commissioner Winton: -- is -- Vice Chairman Gonzalez.: Wait a minute. They haven't completed -- City of Miami Page 52 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: Well, you can rebut, but I'm -- you -- Vice Chairman Gonzalez: They -- yeah, he had -- Commissioner Winton: Yeah, he gets -- he does get to rebut, but I'm just telling you, he's going to have to do a good rebuttal, because I'm telling you where I'm going -- Vice Chairman Gonzalez: Right. Commissioner Winton: -- and what I'm willing to consider, in fairness to the developer's side of this, is that, as they've suggested, we can defer this item until a point immediately following the Class 11 action that will be come -- apparently, be coming before the Commission, if that's allowable, and I'm willing to do that, as opposed to just outright deny. Commissioner Regalado: Mr. Chairman. Commissioner Winton: So, I'm -- but I'm asking the City Attorney a question. Vice Chairman Gonzalez: He has a question on the floor. Mr. Fernandez: Yeah. The -- you can do that, your latter recommendation to delay making a final decision on this until you hear the Class II. Vice Chairman Gonzalez: All right. Commissioner Winton: So would -- so let me ask another question of counsel here. You know where I'm going. That's a motion I have on the table. Now, you may want to continue with your -- because you're allowed rebuttal, or we just continue this to that point, whenever that is. I don't know what you want to do there, so -- yes. Would you let him -- ? Mr. Pastoriza: Just -- we're amenable to the deferral, but I just want to put one statement on the record just in case, cause 1 don't know eventually how the vote is going to go. We are raising a lack of standing argument, both for the association and for the neighbors, and I'll be two minutes. Commissioner Winton: And this is a legal technical thing, so we can't -- Mr. Pastoriza: Yes. Commissioner Winton: -- there's nothing we -- Ms. Kuhns: I know what standing is. Mr. Pastoriza: This is just a legality. Ms. Kuhns: I disagree with counsel. Commissioner Winton: But he's putting it on the record This isn't an issue for us. Mr. Pastoriza: And I will tell you, we're amenable to the deferral, but 1 need to make this point. Under Renard, these neighbors, and they so stated here, they live on 42nd Street and 43rd Street, the property is located on 36th Street and Miami Avenue. They are more than 1,200 feet away from this property. With a buffer of the expressway in between, and with an area which is SD-8, which is the same area as our property, which that area, SD-8 area, is about 100 acres, so there's precedent for this type of lack of standing when you have neighbors that are so far City of Miami Page 53 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 removed from the property. With regards to the association, under Peacock, you well know that an association only has standing to dispute procedural issues. No procedural issues have been raised, therefore, I just want to preserve the record on the lack of standing issue, and we will be - Vice Chairman Gonzalez: All right. Mr. Pastoriza: -- amendable to see -- to hear everything together at one time. Commissioner Winton: OK, so -- Vice Chairman Gonzalez: All right. Ms. Kuhns: May 1 make one preservation of issue, as well? Vice Chairman Gonzalez: I'm going to give you two more minutes -- Ms. Kuhns: OK. Vice Chairman Gonzalez: -- to conclude your presentation. I need to close the public hearing and bring it back to the Commission so Commissioner Winton can have a motion. Commissioner Regalado wants to also discuss the item, so -- Commissioner Allen: Right. Ms. Kuhns: Thank you. Vice Chairman Gonzalez: -- please conclude your presentation. Ms. Kuhns: Thank you, sir. For the record, we have opposed this project both individually, in behalf of the Buena Vista East Neighborhood -- Historic Neighborhood Association, and we respectfully ask this Commission to deny the official vacation and closure of a public alley that the applicant has requested for the Electra I project, and in the alternative, we ask that this Commission delay consideration of this request until all appeals to the Class II Special Permit - -and there are two of them -- have been heard and decided. Commissioner Allen: Thank you. Vice Chairman Gonzalez: All right. Thank you. All right. Anybody else from the public? Yes, ma'am, please. Judith Sandoval: This matter of closing alleys and building huge buildings, you all will remember the terrible fights we had about the Catalonia building in Silver Bluff on 27th Avenue, which Johnny Winton called the poster child for a bad building. It all started with them wanting to take over an alley, a public alley. There have been two lawsuits. The whole town of -- district of Silver Bluff is mad at the City over this thing. As far as being 1,200 feet away, I'm 1,200 feet away, and I can see that building from my -- over my Poinciana tree. You're going to do the same thing up here, and the trouble is, they set precedents, these kinds of projects, so, please, use your wisdom and be good to the neighborhood, 1 beg you. Thank you. Vice Chairman Gonzalez.: Thank you. Commissioner Allen: Well, Mr. -- Vice Chairman Gonzalez: All right. The public hearing is closed. I have -- Commissioner City of Miami Page 54 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Regalado has been waiting to address this item. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. My point was precisely on the lack of standing of the association. I'm not a member of any association. However, I live on Southwest 20th Street, and every time that there is a new building in Coral Way, I am impacted, whether it's 1,200 or 1,300 feet, because I got more cars in my street. I live on the residential street, and the other day, I had to wait at 5 p.m. like about five minutes to back out of the driveway because of the cars like zooming on my neighborhood, so the issue here is that we should take a look on the alley closure as a citywide issue, and not because it's only 1,000 feet or 1,200 feet away. I think that whatever is the will of this Commission, I will follow, if we're talking of deferring this or denying this. 1 will support both issues, but if what the neighbors want is a significant reduction, and the developer's resident is willing to talk to the neighbors, I'm also fine. What I'm saying is I'm ready to vote on the denial, and I'm ready to vote on the deferral. Commissioner Allen: Right. Commissioner Regalado: Thank you, Mr. Chairman. Vice Chairman Gonzalez: All right. Commissioner Winton: Is my motion on the table already? Commissioner Allen: Mr. Chairman. Vice Chairman Gonzalez: Commissioner Allen. Commissioner Allen: Mr. Chairman, if I may just quickly, I know Commissioner Winton proffered two motions, but at this point, Commissioner Winton, I'd like to adopt your former motion, which was a denial, and move in that direction, if we could, please. So I make a motion that we deny the closure and/or vacation of this alley. Vice Chairman Gonzalez: No, wait a minute. Wait a minute. Commissioner Winton: But I think -- don't we have a motion on the table? Vice Chairman Gonzalez: Wait a minute. Commissioner Allen: Oh, we did? Vice Chairman Gonzalez: We had a motion on the -- Commissioner Allen: Oh, I'm sorry. Commissioner Winton: You seconded my motion. Vice Chairman Gonzalez: You second the motion. Commissioner Allen: I'm sorry. 1 stand corrected, yes. Vice Chairman Gonzalez: So if you want to -- you know, if you don't want to second the motion, then you express that you don't want to second the motion, and the motion will die, and then there will be another motion (INAUDIBLE) -- Commissioner Allen: Well, could I ask the maker of the motion to -- City of Miami Page 55 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Regalado: We had a motion to deny. Commissioner Allen: -- consider the suggestion I made? Commissioner Winton: Let me ask a question -- Commissioner Allen: Sure. Commissioner Winton: -- before we go there. Mr. City Attorney, what happens on outright denial? Mr. Fernandez: Well, if the motion would be a denial, you need to afford the applicant an opportunity to rebut, which he was never given an opportunity -- Commissioner Winton: Right. Mr. Fernandez: -- to rebut. He only addressed your pending motion -- Commissioner Winton: That's correct. Mr. Fernandez: -- which is a motion to delay this item until you consider the appeals of the Class II Special Permit, but the effect of a denial if, in fact, you take a vote to deny, is then that after the rebuttal is made, you're giving the applicant an opportunity to seek redress in court for the actions that this Commission have taken with regard to whether, in fact, you know, you violated issues of standing by granting the speakers the opportunity to speak, and not having established a direct connection -- Commissioner Winton: OK, thank you, so -- Mr. Fernandez: -- as required by law. Commissioner Winton: -- Commissioner Allen, let me tell you how I would rather approach this and why 1 would rather leave my motion on the table. That is because Commissioner Regalado said something that 1 hadn't had a chance to say, and it's the same thing we've done over and over again. These folks aren't opposed to development. What they want is the right development. They want the right development in their neighborhood. They want the right development on that corner. This developer could provide the right development, and so, if we deny, then we head off into la -la land. If we continue or defer so that this issue becomes a part of our -- or as following the Class II issue where we're going to debate the project, we can send the signal now today that, Mr. Developer, you need to get together with the neighborhoods and figure out if y'all can figure out a compromise that works for the neighbors so that they get in support of the closure of this alleyway, and so I think we could create a win -win here, as supposed to just a hard -lined no, and then we're all in court, and if we -- and a court case could decide something we don't want necessarily decided; kind of like Mary Brickell Park, and these neighbors aren't irrational. I mean, they want the right development, so -- Commissioner Allen: Right. Commissioner Winton: -- I think we send a signal to the developer that you better get with the neighbors and figure out if y'all can come up with something good, and if you can't, then we're going to make a decision. Commissioner Allen: Precisely, and that's what we would like to achieve, and that's what I would want to achieve. In fact, if I'm not mistaken, I hope that it had taken place. I don't know if these parties ever got together -- City of Miami Page 56 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Commissioner Winton: Well, probably not. Commissioner Allen: -- and they need to going forward -- Commissioner Winton: It usually doesn't happen without our encouragement. Commissioner Allen: -- because we do take these (UNINTELLIGIBLE) serious. We do listen to our homeowners' associations and homeowners, and I take to heart what their positions are, so that should be a strong message to the developer, and having said that, again, 1 reaffirm and second the motion that Commissioner Winton proffered relative to -- Vice Chairman Gonzalez: All right, so the motion is to defer? Commissioner Winton: The motion is -- Commissioner Allen: Yeah. Commissioner Winton: -- to tie it to -- not to deny, but to defer -- or is it defer or continuing we're doing? Ms. Slazyk: Yeah, it's a -- Vice Chairman Gonzalez: Continuing. Ms. Slazyk: -- continuance. Mr. Fernandez: It's to continue until the time that the appeals to the Class II -- Commissioner Winton: Bingo. Mr. Fernandez: -- Special Permit -- Ms. Slazyk: Yeah, except that -- Commissioner Winton: And that's my motion. Ms. Slazyk: Yeah. The thing is a date certain means -- then we don't have to pay to re -advertise, so could 1 ask for a December date certain, and if the Class 11 appeal is not here yet, by then we'll know when it's going to be here, and then we can continue it again -- Commissioner Winton: Yes, I'll accept that. Ms. Slazyk: -- so let's go to the December PZ (planning and zoning) meeting, and if the Class II's not here, well continue it again at that time. Commissioner Winton: Great. Vice Chairman Gonzalez:: All right. We have a motion and we have a second to continue until December PZ meeting. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez.: All opposed? Motion carries. Mr. Pastoriza: Thank you. City of Miami Page 57 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 PZ.11 05-01090 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING CERTAIN POLICIES OF THE FUTURE LAND USE ELEMENT, HOUSING ELEMENT, PARKS, RECREATION, AND OPEN SPACE ELEMENT, COASTAL MANAGEMENT ELEMENT, AND CAPITAL IMPROVEMENTS ELEMENT TO INCORPORATE LANGUAGE NECESSARY FOR THE IMPLEMENTATION OF THE MIAMI21 PROJECT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; PROVIDING FOR TRANSMITTAL TO STATE AGENCIES AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01090 Legislation.PDF 05-01090 PAB Reso.PDF 05-01090 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 21, 2005 by a vote of 8-0. PURPOSE: This will incorporate language necessary for the implementation of the Miami21 project. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Vice Chairman Gonzalez: All right. PZ.11. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 11 is a first reading ordinance amending the Miami Comprehensive Neighborhood Plan in order to incorporate language necessary for the implementation of the Miami 21 project. What we did was we -- with our consultants, we went through all of the goals, objectives, and policies of the comp. (comprehensive) plan, and we are trying to clean up certain issues to make the comp. plan ready for the adoption of Miami 21 as that proceeds. They're primarily clean-up language, removal of words that might trigger inconsistency issues when we adopt Miami 21, so we -- it's been recommended for approval unanimously by the Planning Advisory Board, approval by the Planning Department, and once you approve this on first reading, we will transmit it to DCA (Department of Community Affairs), and when it comes back, you will get another opportunity at second reading to look at it again. Vice Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address this item, please come forward. Yes, ma'am. Commissioner Winton: Don't hold your -- come up. City of Miami Page 58 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 Judith Sandoval: I have a lot of concern about certain provisions of Miami 21, and I noticed that in the -- about the corridors, and I'm not sure how it fits into this, but a lot of it's got to do with language. Lourdes, perhaps, you can help me. 1 need you to clam some things. I noticed specifically in the scope of services contract between the City and Duany Plater-Zyberk, about the corridors, one corridor -- two corridors which directly affect the neighborhood of Silver Bluff, 1,300 feet from the middle of the corridor -- and there're 15 corridors in the City -- 1,300 feet on either side, supposedly a five-minute walk, all of this will be rezoned, and dense development will be encouraged. That is two and a half blocks on either side of a corridor. I happen to live in one of those blocks. There are three historic houses on my block. I don't know what you're encouraging, but I don't want a 20-story building next door to me. 1 don't want a pizza parlor across the street, or a gasoline station on the corner, and yet, this rush to intensify development will wipe out half by rezoning of Silver Bluff as we know it, a neighborhood dating from 1921, a historic district, and I would like to know about the language that is being put into Miami 21, how is it going to deal with this issue? Because I don't believe that you gentlemen intend to do that. Commissioner Winton: Correct. Vice Chairman Gonzalez: Lourdes, would you please answer the question or -- ? Ana Gelabert: Ana Gelabert, the Planning director. Miami 21 does not intend to do that at all. The way that we try working with DPZ (Duany Plater-Zyberk), as you know, we defined major commercial corridors, and the reason why they were expanded to the five-minute pedestrian shed, as we called it, it was so -- in our study, we treated everything, including the commercial corridor, as part of a neighborhood, so it wasn't just treating the commercial property, but the commercial properties that front these commercial corridors belong to a neighborhood, and that transition is the one that we were concerned with, so not at all -- no, it's not the intention of Miami 21 to upzone all the corridors just because that area is covered with the five-minute pedestrian shed. It was a way for us to make sure that corridors are treated as neighborhoods, as they belong to a neighborhood, they're just not freestanding. Just to make sure -- but the item that you have in front of you does not deal with that level of Miami 21; it was the comp. plan. Ms. Sandoval: Does that mean that the existing R-1/R-2 neighborhood designation will take precedent over commercial -- any commercial zoning in that same area, in that neighborhood; not in the corridor, but in what's residential now? Ms. Gelabert: We are studying the first quadrant, and that's an answer that I cannot give you because it would be a blank statement that we're right now in the process of studying the neighborhoods and what are the impact. We're changing the zoning ordinance as we know it today to something that is called the form based code, which actually the purpose of that is that it will give us the Iran -- Commissioner Winton: Excuse me, Ana, could I interrupt you -- Ms. Gelabert: Sure, of course. Commissioner Winton: -- so that you don't get her really confused here? Let me help answer the question and address what Ana's -- well, the reason she wouldn't answer you. Because you asked a blanket question about every single place in the City of Miami, so she couldn't say yes or no. She's got to give you a long explanation. In -- the basic fundamental of Miami 21 is to preserve and make sacrosanct R-1 neighborhoods, end of story, so that we don't have the battles that we've been having for the last three years, four years, with these developers coming in on C-2 corridors and screwing up the R-1 behind it. That's a huge part of the mission here. Doesn't mean, though, that there aren't some R-1 zones somewhere in the City that should never have been R-1 that are R-1 today; they should never have been R-1, and maybe they'll change to City of Miami Page 59 Printed on 11/23/2005 City Commission Meeting Minutes November 3, 2005 something else, and so -- Ms. Sandoval: Such as? I mean -- Commissioner Winton: I don't know. If I knew a -- Ms. Sandoval: Yeah. Commissioner Winton: -- (INAUDIBLE), I'd give you, but that's the reason she's not giving you a blanket yes because if you looked at every single zoning area in the City, you'd find all kinds of bizarre stuff. There's bizarre stuff all over the City, so either you're going to trust that we're here to protect R-1 or you're not, and she's going to give you this long answer right now. You're going to stand there and scratch your head, and you're not going to know what she's really saying because it's a difficult answer, and I'm telling you our mission, our goal, our objective, at the end of the day, the final answer's going to be we're protecting our R-1 neighborhoods, end of story. Ms. Sandoval: Well, that makes me feel great, and we trust you, but we're watching you. Commissioner Winton: Oh, I hadn't noticed. Vice Chairman Gonzalez: All right, thank you. Anybody else from the public that wishes to address the Commission? OK, seeing none, hearing none, the public hearing is closed. Mr. City Attorney, it's an ordinance. Jorge L. Fernandez (City Attorney): PZ 11. The ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: All right. Roll call, please. Priscilla A. Thompson (City Clerk): 1 need a -- I haven't had a mover or seconder yet. Commissioner Allen: 171 move the item. Vice Chairman Gonzalez: I'm sorry. I need a motion and a second. Commissioner Allen: I move the item, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gonzalez: OK, we have a motion and we have a second. Roll call, please. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City of Miami Page 60 Printed on 11/23/2005