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HomeMy WebLinkAboutCC 2006-03-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, March 23, 2006 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Johnny L. Winton, Vice Chairman Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes March 23, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..J" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Vice Chairman Winton, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 23rd day of March 2006, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:25 a.m., recessed at 12:11 p.m., reconvened at 2: 30 p.m., and adjourned at 5:08 p.m. Note for the Record: Vice Chairman Winton entered the meeting at 9:29 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Commissioner Gonzalez: (INAUDILBE) 2006 meeting of the City of Miami Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Tomas Regalado, Michelle Spence -Jones, Johnny Winton, Vice Chairman, and myself your Chairman, Angel Gonzalez. Also on the dais are Joe Arriola, City Manager, Jorge Fernandez, the City Attorney, and Priscilla Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Sanchez and the pledge of allegiance by Commissioner Regalado. Prayer and invocation delivered. Commissioner Gonzalez: I don't think we have any proclamations or presentation this morning. PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES NO MAYORAL VETOES Chairman Gonzalez: We don't have any vetoes from the Mayor. As of this day, this office has not received any mayoral vetoes for legislative items acted upon at the previous Commission meeting. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: ORDER OF THE DAY Commissioner Gonzalez: So we will now begin the regular meeting. The City Attorney will state the procedure to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman and Commissioners. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of code section about lobbyists is available at the City Clerk's office. The materials in connection with each item appearing on the agenda is available for inspection at the City Clerk's office -- one second, Mr. Chairman, please. Little bit of problem here with technology. The formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto any item approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four -fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered in this meeting may need a verbatim record of the item on City of Miami Page 3 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission, shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Person exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the "public hearings" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of their desire to speak, giving the City Clerk their names. At the time an item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may see the City Clerk for those. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10:00 p. m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence on the agenda, except for PZ (Planning & Zoning) items, which will begin at their own numbered sequence after 10:00 am. Mr. Chairman, Commissioners, you need to know that Item DI.1 [sic] is deferred from the agenda to the April 6 meeting. That is at the very end of the agenda, just before the P&Z items are listed. DI.1 [sic] is being deferred to April 6. Also, you need to know that right now we're announcing that PZ27 and 33 are being deferred from the agenda. PZ.27 is being deferred to April 27. PZ33 is being continued until a later date that will be announced and perhaps, also readvertised. Other than those items that I have mentioned, the rest is up to you, Mr. Chairman, now when you take it up to see if Commissioners have any items to be pulled or deferred. Chairman Gonzalez: All right, but the PZ item, we'll take them after we finish with the regular agenda. Madam City Clerk, do we have any minutes that needs to be approved? Priscilla A. Thompson (City Clerk): No, we do not. Chairman Gonzalez: We do not. Thank you so much. CONSENT AGENDA CA.1 06-00269 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Police SPECIAL REVENUE FUND ENTITLED: "SPECIAL TAXING DISTRICTS POLICE ROVING PATROL SERVICES," CONSISTING OF SPECIAL ASSESSMENT FEES COLLECTED FROM WITHIN THE SPECIAL TAXING DISTRICTS AS STATED HEREIN, AND APPROPRIATING SAID FUNDS, IN AN AMOUNT NOT TO EXCEED $600,000, FOR POLICE OPERATIONS WITHIN THE NATOMA MANORS SECURITY GUARD SPECIAL TAXING DISTRICT, THE BAY HEIGHTS SECURITY GUARD SPECIAL TAXING DISTRICT, THE FAIRHAVEN SECURITY GUARD SPECIAL TAXING DISTRICT, THE MORNINGSIDE SECURITY GUARD SPECIAL TAXING DISTRICT, AND THE BRICKELL FLAGLER SECURITY GUARD SPECIAL TAXING DISTRICT; AUTHORIZING THE CITY OF MIAMI ("CITY") DEPARTMENT OF POLICE TO ACCEPT PAYMENT FOR POLICE SERVICES PROVIDED ON AN OFF -DUTY BASIS PURSUANT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COUNTY. City of Miami Page 4 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 06-00269 Legislation.pdf 06-00269 Summary Form.pdf 06-00269 Inter local Agmt. 1.pdf 06-00269 Inter local Agmt. 2.pdf 06-00269 Inter local Agmt. 3.pdf 06-00269 Inter local Agmt. 4.pdf 06-00269 Inter local Agmt. 5.pdf 06-00269 Pre Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.2 06-00270 Department of Parks and Recreation R-06-0172 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF ULTIMATE POOLS, INC., PURSUANT TO INVITATION FOR BIDS NO. 05-06-027, RECEIVED FEBRUARY 6, 2006, FOR THE SWIMMING POOL FACILITY RENOVATION AT THE MIAMI ROWING CLUB, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $239,125; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 331369. 06-00270 Legislation.pdf 06-00270 Summary Form.pdf 06-00270 Tabulation of Bids.pdf 06-00270 Bid Response Form.pdf 06-00270 Addendum.pdf 06-00270 License.pdf 06-00270 Letter.pdf 06-00270 Check.pdf 06-00270 Bid bond.pdf 06-00270 Disclosure Notice.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.3 06-00275 Department of Police R-06-0173 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, FOR A THREE-YEAR PERIOD, FOR THE PURPOSE OF THE CITY OF MIAMI'S CONTINUED PARTICIPATION IN THE ENFORCEMENT OF FOR -HIRE TRANSPORTATION REGULATIONS. City of Miami Page 5 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 06-00275 Legislation.pdf 06-00275 Exhibit 1.pdf 06-00275 Exhibit 2.pdf 06-00275 Exhibit 3.pdf 06-00275 Exhibit 4.pdf 06-00275 Exhibit 5.pdf 06-00275 Summary Form.pdf 06-00275 Pre Legislation.pdf 06-00275 Pre Agreement.pdf 06-00275 Pre Legislation 2.pdf 06-00275 Pre Agreement 2.pdf 06-00275 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.4 06-00277 Department of Information Technology R-06-0174 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MICROSOFT OFFICE "12" RAPID DEPLOYMENT PROGRAM DESCRIPTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MICROSOFT CORPORATION, AS A MEANS TO WORK WITH AND ASSIST SELECTED MICROSOFT CUSTOMERS AND PARTNERS OF MICROSOFT PRODUCTS, IN TESTING AND IMPLEMENTING MICROSOFT PRODUCTS AND SOLUTIONS CREATED FOR SAID PRODUCTS. 06-00277 Legislation.pdf 06-00277 Exhibit 1.pdf 06-00277 Exhibit 2.pdf 06-00277 Exhibit 3.pdf 06-00277 Exhibit 4.pdf 06-00277 Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0178 Chairman Gonzalez: Commissioner Winton, CA.4. Vice Chairman Winton: Yeah, what is the cost of CA.4? Peter Korinis: Peter Korinis, chief information officer. There is no cost to Item Number 4, Commissioner. It's an agreement whereby we will assist them in finding errors, if there are, in the software on this early release, and in return, we get help from them to get it installed early and take advantage of the -- and do changes -- improvements to it. Vice Chairman Winton: Great. Thank you. Mr. Korinis: Yes, sir. City of Miami Page 6 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Vice Chairman Winton: Move CA.4. Commissioner Sanchez: Second Commissioner Gonzalez: All right, we have a motion and we have a second on CA.4. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Those opposed have the same right. Motion carries. CA.5 06-00349 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF SETTLEMENT FUNDS, IN THE AMOUNT OF $300,000, FROM THE CASE OF THE CITY OF MIAMI VS. GAYETY THEATRES, INC., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 05-05813 CA (30); GAYETY THEATRES, INC. VS. CITY OF MIAMI, THIRD DISTRICT COURT OF APPEALS CASE NO. 05-4556-AP; AND GAYETY THEATRES, INC. VS. CITY OF MIAMI, APPELLATE DIVISION OF THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 05-424 AP; AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-00349 Legislation.pdf 06-00349 Exhibit.pdf 06-00349 Cover Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.6 06-00271 Department of Information Technology R-06-0175 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENTERPRISE SELECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MICROSOFT CORPORATION, OR ITS CONTRACTING AFFILIATE, FOR MICROSOFT ENTERPRISE PLATFORM PRODUCTS, UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 255-001-01-1, FOR A TERM OF THREE YEARS, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, AT AN ESTIMATED TOTAL FIRST YEAR COST NOT TO EXCEED $550,000, WITH THE REMAINING YEARS SUBJECT TO BUDGETARY APPROVAL, DUE TO COST ADJUSTMENTS BASED UPON THE ADDITION OF NEW PC WORKSTATIONS AND SERVERS; ALLOCATING FUNDS FROM EXISTING CAPITAL IMPROVEMENT PROJECT ACCOUNTS, EXISTING GRANTS, OPERATING BUDGETS VARIOUS DEPARTMENTS CITYWIDE, AND THE LAW ENFORCEMENT TRUST FUND, AS SUCH FUNDS ARE APPROVED BY City of Miami Page 7 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 THE CHIEF OF POLICE AND ARE IN COMPLIANCE WITH THE UNITED STATES DEPARTMENT OF THE TREASURY AND JUSTICE'S, "GUIDE TO EQUITABLE SHARING." 06-00271 Legislation.pdf 06-00271 Exhibit 1.pdf 06-00271 Exhibit 2.pdf 06-00271 Exhibit 3.pdf 06-00271 Summary Form.pdf 06-00271 Memo.pdf 06-00271 Memos.pdf 06-00271 Term Contract.pdf 06-00271 Memo 2.pdf 06-00271 Certification of Contract.pdf 06-00271 Contract Administrator.pdf 06-00271 Special Conditions.pdf 06-00271 Insert Master Agreement.pdf 06-00271 Education Agreement.pdf 06-00271 Forms.pdf 06-00271 Terms and Conditions.pdf 06-00271 Amendment.pdf 06-00271 School Agreement.pdf 06-00271 Notice Information.pdf 06-00271 Amendment No. 1. pdf 06-00271 Campus Agreement.pdf 06-00271 Amendment No. 1 - 2.pdf 06-00271 Services Agreement.pdf 06-00271 Terms and Conditions 2.pdf 06-00271 Amendment No. 1 - 3.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0176 CA.7 06-00393 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $30,000, FOR THE INSTALLATION OF A NON -MOTORIZED BOAT LAUNCH AT SEWELL PARK, PROJECT NO. B-30386, ENTITLED "SEWELL PARK-BOAT/KAYAK LAUNCH AREA" ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $30,000, FROM THE PROCEEDS OF IMPACT FEES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SUBMISSION OF THE FIND GRANT APPLICATION FOR FISCAL YEAR 2006-2007, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. City of Miami Page 8 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 06-00393 Legislation.pdf 06-00393 Exhibit 1.pdf 06-00393 Exhibit 2.pdf 06-00393 Exhibit 3.pdf 06-00393 Exhibit 4.pdf 06-00393 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0177 Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Consent Minutes Chairman Gonzalez: OK. We are ready to go into the consent agenda. Is -- are there any items that the Commission wants to defer or pull for discussion or -- ? Commissioner Sanchez: If there are no items, Mr. Chair, I would move the consent agenda. Chairman Gonzalez: I think Commissioner Winton has one. Do you, Commissioner? Commissioner Sanchez: Consent agenda? Vice Chairman Winton: Yeah, I think I have a quick -- I think, on CA.4, I couldn't figure out the costs. Chairman Gonzalez: Do you want to pull it for discussion? Vice Chairman Winton: Yeah. That's all l was looking for. Chairman Gonzalez: All right. Any consent agenda that the Administration wants to pull or defer? Hearing -- Joe Arriola (City Manager): No, Mr. -- Chairman Gonzalez: -- none, we need a motion to approve the remaining of the consent agenda. Commissioner Sanchez: So move. Chairman Gonzalez: All right, we have a motion -- Commissioner Regalado: Second Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 9 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 10 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-00421 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING GOVERNOR JEB BUSH AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE MIAMI-DADE COUNTY PUBLIC SCHOOLS' LEGISLATIVE INITIATIVES, AS STATED HEREIN, DURING THE 2006 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS DESIGNATED HEREIN. 06-00421 Legislation.pdf 06-00421 Exhibit.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0179 Chairman Gonzalez: Mr. Mayor, you have an item? Mayor Manuel A. Diaz: Yes. Chairman Gonzalez: Good morning, sir. You're recognized. Mayor Diaz: Good morning, Mr. Chairman. Good morning, Commissioners. 1 actually have two items. The first one is in keeping with the education compact that all of you know that we have executed with the school system. The school system is asking us to support their legislative priorities for the year. Over the last few years that we've been working with them, there's been a real noticeable improvement. The overall system has gone from a "C" to a "B" in the State accountability system. The number of schools receiving an "A" within the County has increased to 48 percent, which is the highest percent ever. The number of schools receiving a repeat grade of "F" has been reduced by 66 percent; only three schools. The number of third graders considered proficient readers has risen to 61 percent, so as you can see, there've been a lot of improvements. Unfortunately, as many of you know, through the district cost differential that the legislature has imposed, the district stands the possibility this year of losing $78 million in annual funding; money, which I'm sure all of you agree, we need desperately if we're going to keep improving our schools in Miami, and so I ask that you vote favorably on the resolution. Commissioner Sanchez: So move -- Chairman Gonzalez: All right. Commissioner Sanchez: -- Mr. Chair. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion -- City of Miami Page 11 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and a second. Discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. M.2 06-00423 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE," BY CREATING A NEW ARTICLE (TO BE DETERMINED BY THE CODIFIER), ENTITLED "THE LIVING WAGE ORDINANCE;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2006. 06-00423 SR Legislation.pdf 06-00423 FR Legislation.pdf 06-00423 SR Memo.pdf 06-00423 FR/SR Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: M.2. Mayor Manuel A. Diaz: Thank you, again, Mr. Chairman. This is something that 1 am very pleased to bring to you this morning. This is one of our last key major steps in our continuing fight against poverty, steps that I outlined four years ago when I announced for the first time, our anti poverty campaign. In 2002 all of us accepted the challenge of raising the standard of living in our City, helping our citizens basic needs by advancing self-sufficiency. Our anti poverty campaign has operated under four different pillars: invest direct financial resources to promote anti poverty initiatives, maximize existing and untapped federal and state resources, incentivize and expand personal savings and make available income -enhancing resources, and finally, increase the financial literacy of our residents. Since then, together with your support, the City allocated two and a half million dollars specifically for poverty reduction initiatives for the first time in our history. Our earned income tax credit and child tax credit campaigns have now become national models of excellency. Just last year, our residents claimed these credits to a total of $170 million, which is a tremendous increase from where we started a few years ago. Our asset -building efforts have included the implementation of a benefit bank, a program in all of our NET (Neighborhood Enhancement Team) offices. As you know, the benefit bank provides walk-up access for a resident to determine their eligibility for a range of services, including food stamps and Kid Care. Collectively, these efforts have been of great benefit to Miami's low-income working families. We've also initiated our small business lending initiatives, working with the Small Business Administration and Accion USA (United States of America) in our micro lending program. These have brought millions of dollars to our small businesses all throughout our community. Our SBA (Small Business Administration) program was the first of its kind ever executed by the SBA with the City. Most recently, as you remember, our financial literacy program received kudos. In fact, at the last meeting, they came down here to give us a grant, recognizing that our financial literacy program was the best such program in the country. Today's measure is, as I said, one of the final implementation steps for this overall package of anti poverty efforts. The establishment of the living wage ordinance is necessary and City of Miami Page 12 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 it is fair. We are proposing that both the City, as an employer, and a range of private firms that act as subcontractors for the City, raise their basic level of compensation in line with a level equal to 110 percent of the HHS, Health and Human Services poverty guidelines. Florida's minimum wage law, as it stands today, is sub poverty level wages that do not serve the public purpose, and raising wages to a fair and equitable level that will help strengthen our working families and reach greater financial strength. Just last week, in these very chambers, 1 want all of you to know that a group from the National League of Cities came to Miami to learn about our anti poverty program and our asset -building programs. We had people from Vermont, North Carolina, Wisconsin, Seattle, Washington, DC, and New York. Policymakers and senior officials came down to Miami to learn about this comprehensive package that I just described, so the rest of the country has taken notice of our collective leaderships on these issues, and I ask you to support this as our next rightful step in this process. Thank you very much. Chairman Gonzalez: All right. Commissioner Sanchez: So move, Mr. Chair. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right, we have a motion and we have a second. It's an ordinance, Mr. City Attorney. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Discussion. 1 want to thank the Mayor for his leadership in this ordinance. As you remember, we have been discussing this for more than three years now, and recently, there was a report by the County how good this ordinance -- living wage ordinance has done for many, many workers, and one of the things that we always discuss was the way to monitor this ordinance, and I'm sure that this ordinance has enough teeth to be monitored by the City, and hopefully, more than 130 employees will be benefit in the City, and of course, all the companies doing business with the City will be impacted by this ordinance, so I just want to make sure that we do have, Mayor, the process to monitor this ordinance. That's my comment. Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: All right. Vice Chairman Winton. Vice Chairman Winton: I haven't heard any economic impact data put on the record, and as you all know, this item has come up several times. I have said on the record that I'm opposed to this item until 1 understand what the economic impact to our City will be, and so I'm interested in hearing that. Larry Spring: Larry Spring, chief of Strategic Planning, Budgeting & Performance. Commissioner, we have, you know, been working on this for some years now. I'm looking at it back and forth. With regards to our City employees that are being impacted, we're looking at 139 employees with a approximate range between 850,000 and 1.2 million. The range is caused by the, I guess, question of whether they receive benefits or not, and the -- Vice Chairman Winton: Well, the upside's 1.2 million. Mr. Spring: The upside is 1.2 million. With regards to -- City of Miami Page 13 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Vice Chairman Winton: Annually. Mr. Spring: Actually, no. It would -- well, yes, it would be annually. It would be an annual increase. Commissioner Sanchez: On a three-year phase. Mr. Spring: Well, the implementation, if you read the ordinance, is on a three-year timetable. Once we do the increase and -- that is, we bring all those 139 employees up to that salary level, our annual operating costs associated with those employees would increase by the upside of $1.2 million in perpetuity, so -- Vice Chairman Winton: And it'll take how long to get there? Mr. Spring: We -- right now we're going to use a three-year per -- timeframe to get there. As employees come -- Vice Chairman Winton: So year two there'll be full exposure? Mr. Spring: Not necessarily. Not necessarily. We have till '08/'09 to get this implemented, and we wanted to come back with a full -- a plan on how we would implement for those employees. Vice Chairman Winton: And what's the economic impact to the vendors that are providing services -- Mr. Spring: That's -- Vice Chairman Winton: -- to the City, which we're going to have to pay for as well? Mr. Spring: And I wanted to put that on the record. Unfortunately, because it is difficult to ascertain how many employees, what the salary ranges that they're already paying those employees it is difficult for us to find out what that cost is, and we feel that it will be somewhat mitigated by the fact that we are implementing over the three-year period the hope that it is -- or not the hope, but the fact that it is a staggered implementation on the side of the contractors the - - in that you're not -- we're not saying today, everybody who's on the books that fall in this category have to now comply with the living wage, but rather, as they renew their contract, so it's a spread out impact. It is difficult to, like I said, ascertain that figure because I'd have to go into every single company, look at their payroll records and figure out which employee's going to be working on our jobs; you know, how often, so it's a very difficult number to get to. Vice Chairman Winton: So, for the vendors, it doesn't impact them until their new contracts come up? Mr. Spring: Correct, but there again, you have the -- they have the release valve, if you will, of negotiating with the City what their total contract price will be -- Vice Chairman Winton: Right, right. Mr. Spring: -- so we would absorb in -- leveraging our spending dollars in helping to absorb some of that cost for those vendors. Vice Chairman Winton: Thank you. Mr. Spring: You're welcome. City of Miami Page 14 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: I just have a quick comment. I'm actually glad that it's actually happening. I want to commend Larry, Linda, and the Mayor for actually making this happen for many of the -- especially our staffers that work for City that have been making those wages now. The amount is going to be increased from what amount to -- ? Just so that at least the laypeople understand. Mr. Spring: Right. Up -- from whenever they're making now up to a minimum of $10.58 an hour, and a maximum of $11.83 and hour, and -- Commissioner Spence -Jones: Which, to me -- you know, this is what this is all about, when we're talking about affordable housing, when we're talking about all those things to prepare people. This is a great step, so I just wanted to at least commend you guys for getting it done. Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, in these times of rising costs of housing and energy and everything else, I believe the government has -- they're required to pay people decently. I mean, we're talking about a few dollars per hour, but a difference in people being able to instead of buying a half a gallon of milk, may buying a gallon of milk, or buying school supplies for their children, so this is a step in the right direction, as government attempts to help those that are working hard, and many of these people have two and three jobs and are barely making it, so 1 hope that this difference would truly make a difference not only to them, but to government overall in itself so thank you so much, Mr. Mayor. Commissioner Winton had the same concern that we all had We needed to find out what physical [sic] impact it had to the City, but I believe that this is a win -win situation for everyone, so it certainly has my blessing. Chairman Gonzalez: All right. Any further discussion? Hearing none, Mr. City Attorney, it's an ordinance. Read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Madam City Clerk, roll call, please. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 5/0. Chairman Gonzalez: Mr. Mayor, congratulations. Thank you for the work you're doing. DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON DISTRICT 3 COMMISSIONER JOE SANCHEZ DISTRICT 4 City of Miami Page 15 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 COMMISSIONER TOMAS REGALADO D4.1 06-00412 DISCUSSION ITEM DISCUSSION ABOUT A LIVING WAGE ORDINANCE. 06-00412 Memo.pdf DISCUSSED Chairman Gonzalez: Now we're going to Commissioners' items. I don't have anything. Vice Chairman Winton, you have anything on your blue pages? Vice Chairman Winton: No. Chairman Gonzalez: No. Commissioner Sanchez? Commissioner Sanchez: No, sir. Chairman Gonzalez.: Commissioner Regalado? Commissioner Regalado: Yes, Mr. Chairman. Thank you very much. I did had a discussion about the living wage ordinance, and as I said, I'm very, very glad that the Mayor brought this up to us in a structure way, and we were able to discuss and approve on the first reading this ordinance; that it will help the people of Miami. D4.2 06-00424 DISCUSSION ITEM MR. ROLANDO GONZALEZ TO ADDRESS THE COMMISSION ON BEHALF OF SEVERAL RESIDENTS IN THE FLAGAMI AREA, REGARDING CODE ENFORCEMENT ISSUES IN THE CITY OF MIAMI. 06-00424 Cover Memo.pdf 06-00424 Notice of Violation.pdf DISCUSSED Direction to the City Manager by Commissioner Sanchez to have a meeting with Code Enforcement and the residents of the Flagami area to provide them with guidance and assistance to resolve issues and ensure they comply with the laws related to code compliance. Commissioner Regalado: If I -- can I go on? Chairman Gonzalez: Yes, go ahead. Commissioner Regalado: Mr. Chairman, there is a resident that -- as a matter of fact, we directed him to your office because you run the meetings, and after your office instructed him to come to my office and -- to be placed on the agenda, he's here. The reason that Mr. Rolando Gonzalez is here is regarding code enforcement. This is a very unusual case, not for him only, but for a few residents, and what he wanted to come before this Board and say is not to ask any waiver or anything. He just wants to express some issues regarding code enforcement. This is a block with 16 homes in Flagami next to Southwest 8th Street, and out of 16 homes, 15 have been cited. They are now in the process of complying, so this is not seeking any waiver or remedy, but he just wanted to express to the City Commission the feeling -- he represents the 15 neighbors, so Mr. Gonzalez is here, and I'm sure that he wanted to bring a document to the City Commission. Chairman Gonzalez: Come to the podium, please. Good morning. Welcome. City of Miami Page 16 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Sanchez: Buenos dias. Rolando Gonzalez: Buenos dias. Chairman Gonzalez: Buenos dias. Commissioner Sanchez: Do we have a translator? Priscilla A. Thompson (City Clerk): Yes. Mr. Gonzalez: Mi nombre es Rolando Gonzalez. Commissioner Regalado: There she is. Mr. Gonzalez (as translated by Official Spanish interpreter Ondina Suarez): Well, this is the first time I find myself in front of a microphone and in front of so many people -- Commissioner Sanchez: Bienvenidos. Mr. Gonzalez (as translated by Official Spanish interpreter): -- so logically you will understand that I am a bit nervous. I feel like I'm in a forest and I can't see the light. Commissioner Sanchez: I feel like that everyday. Mr. Gonzalez (as translated by Spanish interpreter): I come here representing the neighbors that live in the area of 7th and part of 71 st Court. It's a curve. I would like to ask of the ones that are representing to (UNINTELLIGIBLE) blocks if they could please stand so that you could see that some of them are present. OK. My intervention here is written. In other words, I'm not here improvising anything; I have (UNINTELLIGIBLE) through and consulted with some of the neighbors in the neighborhood, and I would like to ask you to permit me to read from what I have. I brought a little diagram of what is -- the neighborhood, the area I'm talking about, and I would like to pass it over for the Commission, so you'll have some idea of what the structure of the block is like. It's also in Spanish. It's actually a declaration of the confirmation (UNINTELLIGIBLE) of the neighbors from the block, confirming then they have accepted me as their representative, and so that I will be the voice to speak for all of us. Honorable president of the assembly of the Commission of Miami, my name is Rolando Gonzalez and I live in the block that is a curve on 71 st Court and Southwest. At this moment, it is totally infected by violations. One day, in the second half of September, we received in our home -- and I am referring to my own home -- a letter regarding with a notification of violations in our home in which we were being -- said that we had committed violations. This letter actually set us off in a very worried manner. We could really say that I and my family feel a bit scared, and we ask ourselves, what could we have done for that after eighteen and a half years, living happily in our home, we had not been signaled out as being violators of numerous and varied laws or ordinances of this City. Worried because of this unforeseen event, one of my daughters and myself directed ourselves to one of the addresses that appeared at the bottom of the page where the violations were stated. We asked of the person that took our call what this was in reference to and where were these violations coming out from. We had been told that it was an anonymous informant that had -- and resident of our block who had informed that all the homes in that block had committed or were committing violations of the ordinance of the City. We started talking with the other families, of those of us who live in the block, and we got together to analyze what was happening. Let's analyze now where our imaginations took us and what could be happening; that this had not happened at any prior occasion throughout these last few years. According to the various peoples that we asked if something like this had happened in larger groups or masses, we could not find that anything in this massive manner had happened. With regards to this supposed infractions or violations, nothing had been said in the papers or the news. It's City of Miami Page 17 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 likely to think then that because it was happened only in our block only, it meant that behind this action, there's a specific objective, which is not visible. There has to be something that is being sought out, so there's something that they're trying to get or reach. Historic procedure for human beings will say that everything that is done or thought out always has a purpose or a reason. Nothing happens for no reason. Nothing happens just by chance alone. What others factors contributed to our condition? The owners and the proprietors of the houses altogether concluded that the land underneath our homes, on one side or both sides of the block, represents a good gold mine, not exactly the precious metal itself but what could be found underneath our homes, but a fabulous land to erect buildings, apartment buildings, like the many that we see in the major roads of Miami, Flagler, 8th Street, 27th Avenue, et cetera. This curved block, we value it has an extreme great value. Ways of communication, a favorable area, like 8th Street, the Palmetto Expressway, Flagler, 67th Avenue and so on. First-class supermarkets: Winn Dixie, Sedano's, Tropical; Pan American Hospital is nearby, as well as restaurants, bakeries, nightclubs, financial institutions, banks. I took into consideration that no information has been published in the press about this. They say that these multiple apartment buildings have been destined in any way to give homes to the many from the hur -- affected from the Hurricanes [sic] Katrina. What's go -- and what's happening here in America? As a growing threat of communism in Latin America develops, so will it be the South Americans with money, that can do this, will be coming to the United States, and mostly Miami, and we think that that great amount of money, which will be coming -- Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes. Vice Chairman Winton: Mr. Chairman, could I -- Mr. Gonzalez (as translated by Spanish interpreter): -- is the -- Vice Chairman Winton: -- interrupt for a moment? I'm totally confused. We're not talking about South America and Central America, and I don't know what the point is here. I just know that this letter that's being read is a long letter, and I'm --1 would love to understand the point to help whatever the issue is, but I don't even get the point now. Mr. Gonzalez: OK. Commissioner Spence -Jones: Is it -- are we -- Chairman Gonzalez.: Yes. Commissioner Spence -Jones: -- saying that they're not being violated, is that the -- ? Vice Chairman Winton: I don't know what they're saying. 1 mean, we're talking about -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones: Commissioner -- Vice Chairman Winton: -- Latin-American investors now. Mr. Gonzalez: OK. Vice Chairman Winton: I don't know what we're talking about. Chairman Gonzalez: We need to come to the point. Make a point, and then we'll try to help him City of Miami Page 18 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 as much as we can, but you know, I mean, we're talking about communism -- Mr. Gonzalez: OK. Chairman Gonzalez: -- and South America and -- Mr. Gonzalez (as translated by Spanish interpreter): OK. Chairman Gonzalez: -- I mean, I -- Commissioner Regalado: I told -- Chairman Gonzalez.: As far as I know, communism doesn't have anything to do with Code enforcement or Latin American, or you know, we need to come to a point, make a point. You know, let us know what the problem is and how we can help you and we'll be glad to help you as much as we can. Mr. Gonzalez (as translated by Spanish interpreter): The point that we wanted to reach is that the happenings in the area of this international movement is on, and what we're seeing as far as buildings coming up, we concluded that our block is wanted by some economic interest movement, large quantity of violations, which have never been happening before. Our (UNINTELLIGIBLE) or take our homes. Chairman Gonzalez: OK, let me ask a question. Commissioner Spence -Jones: 1 understand. Chairman Gonzalez: Are they violations or they're not? The citations cite different violations. I want to know if whatever the inspector said in his report, is it a fact or it's not true? Commissioner Spence -Jones: Is Code Enforcement here, Chairman? If -- Chairman Gonzalez: Code Enforcement. Commissioner Spence -Jones: I mean, is Code Enforcement here? Chairman Gonzalez:: Yeah. Mariano, would you please come up to the podium? Commissioner Spence -Jones: So at least, we get a clear understanding of what's happening. Chairman Gonzalez: Mr. Mariano Loret de Mola is the director -- Mariano Loret de Mola: Code Enforcement director. Chairman Gonzalez: -- of the Code Enforcement unit, so -- Mr. Loret de Mola: Mr. Chairman, it was your question? Chairman Gonzalez: Yes, sir. Mr. Loret de Mola: Yes, there are violations. There are several violations and different type of violations. Chairman Gonzalez: In every single home that -- City of Miami Page 19 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Loret de Mola: In every single home in there -- Chairman Gonzalez: OK. Mr. Loret de Mola: -- and they go from illegal unit to illegal additions to illegal construction, setback violations, work without permit, failure to maintain lot clean, junk in the yard, abandoned cars, so those are few of them. Commissioner Sanchez: But Mariano, those -- listen, it's not about code enforcement. It's about code compliance. Those are things that could be easily taken care of If it's minor violations, with your professionalism and your staff, you could work with the residents to resolve it. Removing an abandoned vehicle, that could be done very easily. I mean -- Mr. Loret de Mola: That's correct. Commissioner Sanchez: -- this is not like an illegal unit that you have to tear down -- Mr. Loret de Mola: That's correct. Commissioner Sanchez: -- and let me tell you, I'm all for -- we're a nation of laws. We live by the law because if we didn't, this would be the Wild Wild West, but on the other side, on the human side, is that we need to work with people that violate some of these laws to assist them, because I know how it is when you get -- when you're provided a notice of violation and you're dropped off at the office -- I mean, at the -- at your residence, these individuals are lost, exactly how he described, like walking through the forest in the dark, so they need guidance. They need assistance to try to resolve the issues. An abandoned car, a shed five -- a Sear's shed five foot variance, those are ease -- Mr. Loret de Mola: That's correct. Commissioner Sanchez: -- those are things that could easily be taken care of so to do -- to take care of this, the direction should be for you, through the City Manager, to sit down with them, with each resident, have a meeting, and start working out the simple stuff It's illegal units, that's something else, but if it's minor stuff that could be taken care of -- we're here -- Mr. Loret de Mola: Right. Commissioner Sanchez: -- to provide assistance for them to make sure that they comply with the law. You know, we're not the Gestapo; we shouldn't be knocking into people's doors or going into people's property, but we do have rules. Every city has rules and regulations pertaining to codes, and they need to follow those codes, but we're willing to work with them because they are our residents and we work for them. Mr. Loret de Mola: That's correct. Commissioner Sanchez: All right. Mr. Loret de Mola: You're right, Commissioner, and my inspector -- the notice of violation has an item over there that says, "Contact inspector within thirty days to discuss all the issues and all the violations." Really, to work with them and help them, and it's my understanding that my inspector has been working with some of them. I don't know if all of them. Commissioner Spence -Jones: Mariano, just as Commissioner Sanchez, maybe before they leave today, can you, yourself personally, pull them aside to -- City of Miami Page 20 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Loret de Mola: Yes. There's no -- Commissioner Spence -Jones: -- maybe, perhaps, you even go out to make them at least feel as though they're being heard, because I think that's what that's -- this is all about. Mr. Loret de Mola: Yes. Commissioner Spence -Jones: I mean, they need to be commended as residents, you know, coming out in the numbers they did because they want to see something get done, so if we can, at least, take that time -- Mr. Loret de Mola: Commissioner -- Commissioner Spence -Jones: -- to address it. Mr. Loret de Mola: -- I met with Mr. Gonzalez for almost two hours. We went through all the violations. I explained the codes of the City, what can be solved and what cannot be solved. I also explain him the building codes that sometimes is not even the Commissioners who can change that -- Chairman Gonzalez: Right. Mr. Loret de Mola: -- because he asked me if all of those codes can be changed. I said, the building codes are state codes, sir. The Commissioners cannot even change those, and I explain him that for two hours. Commissioner Regalado: But one of the things that they need to understand is that also, through Community Development, there is -- Mr. Loret de Mola: That's correct. Commissioner Regalado: -- help in terms -- because these people do not have thousands and thousands of dollars to remove and demolish and get permits and all that, and one of the components of Code enforcement, it is compliance, but to comply, they need help, and I wish that we explain to them, as I have explained it to Mr. Gonzalez, who is a very proactive resident. He has met with the Mayor's representative. He has met with you. Mr. Loret de Mola: That's correct. Commissioner Regalado: He has met with me, and I guess that, you know, he wanted to use this public forum to let the world know what is going on, which is, by the way, very unusual, but having said that, we need to explain to them -- Mr. Loret de Mola: Commissioner. Commissioner Regalado: -- what are their help. Mr. Loret de Mola: The day I met with him, I gave him a pamphlet from Community Development that explain all the help that they can obtain. I gave him the pamphlet. I explained that those services were available to him. Commissioner Regalado: OK, Mr. Chairman. Chairman Gonzalez: All right. Explain to him that Mariano is going to meet with him and the neighbors and try to assist them as much as they can to bring him into compliance, and they will City of Miami Page 21 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 be afforded time -- enough time to take, you know, corrective action on their violations. Mr. Gonzalez (as translated by Spanish interpreter): May I add something? Chairman Gonzalez: Yes, sir. Mr. Gonzalez (as translated by Spanish interpreter): We really had a lot of things here written down that -- because I believe the problem is not something you can simply work your hand through it and take the dusk off of it, and the damage that we (UNINTELLIGIBLE) by destruction, there's no one that could really understand that, not the victims or any of the expectators [sic]. Don't know if all of the ones here -- Chairman Gonzalez: No, they -- Mr. Gonzalez (as translated by Spanish interpreter): -- are participants or just observing. Chairman Gonzalez: -- come here because each one of them have an item that they want to discuss with the Commission, so you know, that's why we need to be brief, explain what the problem is briefly and then let us do whatever we can to assist you, but we cannot allow each person half an hour because, you know, it's not fair. Mr. Gonzalez: OK. Chairman Gonzalez: It's not fair. Mr. Gonzalez (as translated by Spanish interpreter): OK. Vice Chairman Winton: Mr. -- Chairman Gonzalez: Yes, Commissioner -- just a minute. Commissioner Winton. Vice Chairman Winton: One of his concerns --1 think that I understood one of his concerns to be is that there is some movement afoot by the private sector, government, or someone to take their neighborhood and rezone it to something else, for offices or apartments or high-rise condos or all that, so I had -- you want to -- are you explaining that to him while I'm going? Ondina Suarez-Obarrio (Official Spanish Interpreter): Yes, 1 am. Vice Chairman Winton: OK, so I had Alicia pull up the zoning code map. He is clearly in an R-1 residential zone. Mr. Loret de Mola.• That's correct. Vice Chairman Winton: It isn't -- he's two blocks into an R-1 residential zone, so we don't have any history at this Commission of taking clear R-1 neighborhoods and converting them to something else, so while I can never speak for what the private sector may be doing out there, the Commission has no history of taking a single-family neighborhood and converting it to something else, so as far as I can say, your neighborhood is safe as a single-family residential neighborhood. It isn't going to be converted to high-rise condos, to a big apartment complex, to a big retail center, or to an office complex. It's going to stay single-family residential. Mr. Gonzalez (as translated by Spanish interpreter): Well, we ask for your apologies, Commissioner. Vice Chairman Winton: It's OK. City of Miami Page 22 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Gonzalez (as translated by Spanish interpreter): We're not satisfied yet, but we're still doubtful that we don't lose our homes; that they don't be taken away from us. Chairman Gonzalez: You have to explain to him that no one can take their house away. I mean, we're living in the United States. We're not living in the communist country that he was talking about. The only way that someone could take his home from -- away from him is if he's willing to sell it, but I mean -- Mr. Gonzalez (as translated by Spanish interpreter): (UNINTELLIGIBLE) prepare -- I understand. There are problems, not the only one that you are seeing here today. When we were -- Chairman Gonzalez: No, senor. Mr. Gonzalez (as translated by Spanish interpreter): -- coming here today, we were under the impression that it was only our problem that was being heard. That's what we had in our mind, so we thought that the other residents and us would be presenting this and you will be listening. We see it's not like that and we have no right to take time away from the interest of others, which is just as important as ours are. Chairman Gonzalez: What -- can 1-- ask him if I can give him a suggestion. Mr. Gonzalez (as translated by Spanish interpreter): Yes. Chairman Gonzalez: He has a Commissioner that represent him and represent the neighborhood, who's Commissioner Regalado. Mr. Gonzalez (as translated by Spanish interpreter): Yeah, yeah. Yes. Chairman Gonzalez: Commissioner Regalado will never, will never allow a single-family zone residential area to be destroyed, to begin with. Now, what I suggest that he do is him and his neighbors meet with Commissioner Regalado, and then Commissioner Regalado will be able to work with the Administration to help him out, and if there is a problem, the Commissioner will bring it to the Commission and then we'll be working with his Commissioner to help him solve the problem. Is that fair? OK. I'm going to allow -- I'm going to -- explain to him that I'm going to give him another minute because we have a long agenda. We have thirty -some items to take care of today, complicated items, and it's not fair. All of these people are waiting to -- for their chance to speak. Mr. Gonzalez (as translated by Spanish interpreter): In just a minute -- Chairman Gonzalez: No, sometimes you don't -- Mr. Gonzalez (as translated by Spanish interpreter): -- justice cannot be done in (UNINTELLIGIBLE). I ask you to forgive me. I understand what you're trying to say, though. We have brought an analysis of the laws that have been applied to us, laws that have no reason to exist, and those are the ones that are destroying our homes and us; laws like the one that buys the house buy the problems. That is a totally unfair law. It punishes the innocent person. That has to be unconstitutional. Vice Chairman Winton: Well -- Chairman Gonzalez: Well, let me tell you. If you feel -- City of Miami Page 13 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Gonzalez (as translated by Spanish interpreter): For example, I'm being singled out; that the right side of the house used to be a garage, but that was a garage back in 1948, and they're making me responsible; that I have to pay an architect, an engineer, serious (UNINTELLIGIBLE) that represents thousands of dollars. Chairman Gonzalez: All right. Let me tell you, I gave you a minute to make a final statement. You're talking about laws and changing laws. If you feel that way, unfortunately, you're going to have to hire an attorney to work with the City Attorney -- I mean, you know, we cannot solve that problem here this morning. There's no way. No way. You know, the laws have been in the book for years and years and years, and you have to live with them, I have to live with them, and everyone have to live with laws, and we cannot change the laws here. It's unfortunate, but that's the way it is, so I'm telling you once again, meet with your Commissioner, together with the neighbors. He will meet with Mariano. He can also meet with the City Attorney and find -- and see if the law is unconstitutional, and you know, all of that can be done, but it has to be done outside of this chamber. We cannot dedicate -- Vice Chairman Winton: We're not Code Enforcement. Chairman Gonzalez: -- an entire morning to Code enforcement because you're not the only person that is cited in this City. A lot of -- how many tickets do you give a day? Mr. Loret de Mola: A day? Chairman Gonzalez: Um -hum. Mr. Loret de Mola: Oh, over a hundred, two hundred. Chairman Gonzalez: A hundred. They issue a hundred tickets a day throughout the entire City of Miami. If every single violation that we have out there, the person comes to City Hall to solve it here at the chambers, we'll be here everyday. You know, and this is not a hearing of Code enforcement. That's why we have a Code enforcement board, where you can go and present your case and bring your neighbors, and that's the place to discuss Code enforcement, not the City Commission. We are happy to hear your arguments and we're trying to help you. We have Mariano here trying to help you. Your Commissioner is going to work with you to help you, and we will all work with the Commissioner of your district to try to solve your problem, but -- Commissioner Regalado: Thank you. Chairman Gonzalez: -- it has to end up now, Commissioner. Commissioner Regalado: Thank you. Mr. Gonzalez (as translated by Spanish interpreter): May 1 have half a minute, just half a minute? Chairman Gonzalez: All right. Mr. Gonzalez (as translated by Spanish interpreter): It involves a study that I don't know if this Commission is the one that can do this. They have continued to cause damage to the population because these laws are the ones that are telling us that we have to destroy our homes and no one can -- Chairman Gonzalez: All right. Mr. Gonzalez (as translated by Spanish interpreter): -- understand that. City of Miami Page 24 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: OK Mr. Gonzalez (as translated by Spanish interpreter): No one is good at home and (UNINTELLIGIBLE) has two inches left or three, and then you have to destroy the bathroom. Chairman Gonzalez: OK, we got your point. Thank you for coming to the City Commission, and work with your Commissioner of your district, with Mariano, and with the City Attorney, and they will all try to help you, and we will all try to help you, too. Thank you. Good morning. Commissioner Regalado: Thank you. Vice Chairman Winton: Mr. -- Chairman Gonzalez: The next -- Vice Chairman Winton: Mr. Chair -- Mr. Gonzalez (as translated by Spanish interpreter): I would like to invite you -- Chairman Gonzalez: I'm going to have to turn him -- listen. Mr. Gonzalez (as translated by Spanish interpreter): -- as well as the other Commissioners, are invited to come visit our neighborhood (UNINTELLIGIBLE), so you can go there and get a (UNINTELLIGIBLE) of what is being cost -- Chairman Gonzalez: All right. Thank you. Mr. Gonzalez (as translated by Spanish interpreter): -- and then you can see what a real -- Chairman Gonzalez: I'm going to -- tell -- Mr. Gonzalez (as translated by Spanish interpreter): -- situation is -- Chairman Gonzalez: Please, please. Tell him that I'm going to have to cut him off. I don't want to do that because that's not polite, but I have given three advices to please close it. Mr. Gonzalez (as translated by Spanish interpreter): OK Thank you very much. Chairman Gonzalez: Thank you. Have a good day. Mr. Gonzalez: You, too. D4.3 06-00435 DISCUSSION ITEM DISCUSSION ABOUT SECTION 4(G)(6) OF THE CHARTER OF THE CITY OF MIAMI. 06-00435 Cover Memo.pdf 06-00435 Memo Regalado.pdf 06-00435 Memo Arriola.pdf DISCUSSED A motion was made by Comissioner Regalado to remove the City Manager, pursuant to Section 4(g) (6) of the Charter of the City of Miami, but said motion died for lack of a second. Commissioner Regalado: I do have another item -- actually, two items. I wanted to discuss the City of Miami Page 25 Printed on 9/13/2006 City Commission Meeting Minutes March 23, 2006 Section 4(g)(6) of the Charter of the City of Miami, and it has to do with the powers of the City Commission to remove the City Manager. According to the Charter, the removal of the City Manager by the Mayor or Commission, pursuant to Section 4(g)(6) of the City Charter shall take effect at 5 p.m. on the tenth day, after the Manager is notified of said removal by the Mayor or the Commission, unless said removal is overridden by a four -fifth -- Vice Chairman Winton: Excuse me. Commissioner Regalado: -- vote. Vice Chairman Winton: Commissioner Regalado, I need to put something on the record, and ask a question of the City Attorney. Commissioner Spence -Jones: City Attorney. Vice Chairman Winton: Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes, sir. Vice Chairman Winton: Commissioner Regalado is talking about an issue in the Charter relative to the dismissal of the City Manager. It's been widely recorded in the Miami Herald that the Mayor, the City Manager, and I are involved in a real estate deal together, and that that has created a whole series of conflicts, and I want to put -- find out on the record whether or not I'm conflicted out of this discussion. Mr. Fernandez: When one makes an analysis with regard to voting conflicts, the -- there is a statutory provision that provides for it, and under that provision, it would be my opinion that you are not conflicted from exercising your duties as a City Commissioner. However, there is another section of the state statute that gives Commissioners an opportunity to consider whether the appearance of impropriety will dominate your decision, and therefore, it gives you an option to not vote on an item in which, if you were to cast a vote, the appearance would raise the presumption of impropriety. Vice Chairman Winton: Well, I will tell you that I used my judgment on doing this real estate deal and thought about that very issue, and it turned out that I was dead wrong, and so, when I thought the appearance of impropriety wasn't real, I subsequently found out that not only was it real, it was very real, and so, you know, I messed up and I can't unmess [sic] it, but I can prevent a second mess up, so 1 would think that to avoid the appearance of impropriety, that I should not be a participant in this discussion. Commissioner Regalado: Thank you, Vice Chairman. Chairman Gonzalez: All right. You may continue, Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. There'd been reports of the City Manager not complying with the City Code, and the information used was the County Code related to whether the definition of "controlling financial interest" is applicable to Section 2615 of the Code of the City of Miami. One of the reasons that I brought this up this morning is because when we were elected, we took an oath to uphold the law, the Constitution, and the Charter and the Code of the City of Miami, and we will be remiss if we, at least, don't say on the record that we need to be proactive in upholding the Code. Just this morning the City Attorney gave me this memorandum directed to the City Manager regarding definition of controlling interest, and according to the City Man -- the City Attorney, for the purpose of the County Code, because of the absence of the word 'financial" in the City Code section, this definition is not applicable to the City Code. One would argue, then, that there wasn't any violations. However, our Vice City of Miami Page 26 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman has just done something that is important to be notice, that he has recognized that there is a conflict, and in all his honesty, he has left the dais. That gives me the will to continue with this motion, not only because of an interpretation of the Code that was violated, or that according to the City Code because it doesn't have a word, it's -- the Manager off the hoof but also because a series of events that have brought this City into a very disturbing spin, and in the middle of everything, it is the City Manager. For instance, Judge Lopez found that there was collusion by the people that did the agreement to cheat the taxpayers of the City of Miami of their monies, and that the parties involved in the settlement knew very well they were doing. One would argue that this is something that could be interpreted. There have been many interpretations of Judge Lopez. Seems that everyone wants to interpret what Judge Lopez said, but at the end of the day, this is what he said, and this is a judge that we all respect and have to follow their directions. For all these reasons, I believe that it's in the best interest of the City of Miami for a new person in the City Manager's seat, and this is why, this morning, I am introducing a resolution of the Miami City Commission to dismiss or fire the City Manager. That would be my resolution, Mr. Chairman. Chairman Gonzalez: All right. Is there a second? Hearing none, your motion dies. Any other items? Commissioner Regalado: Yes. Thank you very much, Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Sanchez: Mr. Chairman, before we move on that, I do think that it's important for the City Attorney to briefly elaborate a little bit on both of these documents that have been presented to this Commission or this legislative body as to the allegation or the remarks that have been brought forth by Commissioner Regalado for the point of clarification through a legal opinion. Mr. City Attorney. Mr. Fernandez: Yes. At the request of Commissioner Regalado, I did an analysis of the City Charter, City Code, and state statutes with regards to the process by which any employee, but in this case, particularly or specifically, the City Manager, can be removed from office, and that is the sum and substance of that memorandum addressed to Commissioner Regalado and distributed to everyone on the dais. The second one is a legal opinion that we drafted that we had prepare at the request of the City Manager, making an analysis of the City Code provision that requires for disclosure of personal property, acquisition of personal property, ownership of personal property, and the relationship between the County Code of Ethics provision and that City ordinance. The opinion is a relatively short opinion. However, it's heavily footnoted, which means that it references the specific language of the County Code and of the City Code, but the bottom line, the sum and substance of my opinion is that the definition of controlling interest found in the County Code is not applicable in this instance, or to the City ordinance that requires -- or that also makes reference to a controlling interest. The controlling interest provision of the City Code is to be given the normal, regular, every day interpretation because it's not defined in the City anywhere, and the City -- and the County Code interpretation of controlling interest is 25 percent. However, for other purposes that are not applicable or relevant to the City, so having given that opinion to the City Manager, the City Manager then has interpreted or takes from there the read that his compunction or that he was under no compunction or law perhaps to have filed the disclosure required by the City Code to the extent that he does not have a controlling interest, nor is an officer of the entity that acquire the property; having said that, that's the sum and substance of my legal interpretation or legal opinion. Chairman Gonzalez: All right. Commissioner Regalado: OK. Thank you very much, Mr. Chairman. DISTRICT 5 City of Miami Page 27 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-00418 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ENSURE THAT THE CITY OF MIAMI'S "SHOWMOBILE" APPEARS AT THE "DISCOVER MIAMI" CELEBRATION TO BE HELD ON MARCH 25, 2006. 06-00418 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0180 Chairman Gonzalez: Next item. Commissioner Spence -Jones: My -- Chairman Gonzalez: 1 think -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- Commissioner Spence -Jones. Commissioner Spence -Jones: Yes, Mr. Chairman. I only have two quick items. It's a resolution for the uses of the showmobile for Discover Miami in Little Haiti to be held on March 25. Commissioner Regalado: Second. Chairman Gonzalez: All right, we have a motion and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All right, motion carries. D5.2 06-00434 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 06-0158, ADOPTED MARCH 9, 2006, THAT AUTHORIZED THE TRANSFER OF HOME INVESTMENT PARTNERSHIPS FUNDS, IN THE AMOUNT OF $100,000, AND ALLOCATED SAID FUNDS TO THE CARRIE P. MEEK FOUNDATION, INC. ('FOUNDATION"), FOR A DISTRICT 5 HOMEBUYER COUNSELING PROJECT ("PROJECT"), TO ADD LANGUAGE THAT THE METRO-MIAMI ACTION PLAN WILL ENGAGE IN A PARTNERSHIP WITH THE FOUNDATION FOR SAID PROJECT. 06-00434 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones City of Miami Page 28 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 R-06-0181 Commissioner Spence -Jones: And the second one is just a clarification to make it clear for the item that I passed the last time regarding the Carrie P. Meek Foundation. It's in partnership with the Metro -Miami Action Plan. It's for the Living the Dream -- Commissioner Sanchez: So move. Commissioner Spence -Jones: -- initiative. Chairman Gonzalez.: All right, we have a -- it's a substitute item, right? We have been handed out a substitute -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- item. Commissioner Spence -Jones: You've been handed out the substitute item. Chairman Gonzalez: All right, we have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Spence -Jones: Thanks. Chairman Gonzalez: Is that it? Yes. Commissioner Spence -Jones: That was it. City of Miami Page 29 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 PUBLIC HEARINGS PH.1 06-00272 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-10 OF SAID CODE, ESTABLISHING A PROCEDURE TO ALLOW THE ISSUANCE OF BUILDING PERMITS UPON THE APPROVAL OF A TENTATIVE PLAT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00272 SR Legislation.pdf 06-00272 FR Legislation.pdf 06-00272 FR/SR Summary form.pdf 06-00272 FR/SR Public Hearing Memo.pdf 06-00272 FR/SR Public Hearing Notice.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Direction to the City Manager by Commissioner Sanchez to encourage department directors to put substitute items on the record for the benefit of residents watching the proceedings on Miami TV Chairman Gonzalez: OK, PH.1. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.1 is an ordinance amending Chapter 55 to establish a procedure to allow the issuance of building permits upon the approval of a tentative plat. You're receiving now a substitution, which requires additional conditions to be met for the protection of the City. Commissioner Spence -Jones: I just want to have clarity on it. 1 know you said it, but I want you to make it clear for everyone. Basically, this item is really to just help expedite the permiting process, correct? Ms. Grindell: Correct. Commissioner Spence -Jones: OK Regarding building and plats, right? Ms. Grindell: To expedite the ability to obtain a building permit. Commissioner Spence -Jones: OK. Ms. Grindell: Yes. Commissioner Spence -Jones: All right. Commissioner Sanchez: How many substitutions? Chairman Gonzalez: All right. City of Miami Page 30 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Grindell: Just one. Commissioner Sanchez: Just one. Could you put it on the record? Ms. Grindell: You want me to explain what the substitution is? Commissioner Sanchez: Yes. Jorge L. Fernandez (City Attorney): Yes. Ms. Grindell: Oh, OK. It's requiring the applicant to submit a legal opinion of title, and also to -- one second. Commissioner Spence -Jones: I think Mr. City Attorney probably has the -- Commissioner Sanchez: No, he doesn't. Commissioner Spence -Jones: He doesn't. Ms. Grindell: To also execute a subdivision agreement. There's a few items that are -- that were being acquired, other than just a tentative plat. Mr. Fernandez: Yes, Mr. Chairman, Commissioners, in other words, what we're doing is that we are liberalizing the process by which a developer can begin construction. He doesn't have to have a final plat in place prior to pulling a building permit. However, in exchange for that opportunity that the City is giving him to, as it were, begin construction sooner than not, not have to wait the whole time for final plat, we enter into an agreement with the developer where the developer agrees that prior to getting a certificate of occupancy, he will have the final plat in place, and to ensure that, we give a detailed analysis of all of the items that he has to comply with, opinion of title -- title opinion, also the closures, you know, all the requirements for a complete, final plat are laid out in the agreement that the developer will enter with us, and that's basically the -- Commissioner Sanchez: Substitution. Mr. Fernandez: -- substitute that we have done. 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. All right, seeing none, hearing none, the public hearing is closed. Mr. City Attorney, it's an ordinance. Please read the ordinance. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right, we have a motion and a second. Mr. Fernandez: Right, and this is on first reading. The ordinance was read by title into the public record by the City Attorney. Mr. Fernandez: As -- Chairman Gonzalez: Roll call. City of Miami Page 31 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Fernandez: -- presented to you, and then second final reading, you will have one final draft. Chairman Gonzalez: All right. Roll call, please. Priscilla A. Thompson (City Clerk): Before I start the roll call, I'm trying to see if Commissioner Winton will be included? Mr. Fernandez: Yes. Ms. Thompson: OK. Commissioner Sanchez: He's in the proceedings. Chairman Gonzalez: He's here. Ms. Thompson: All right. Chairman Gonzalez: Right there. Ms. Thompson: Then roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Vice Chairman Winton? Chairman Gonzalez: Vice Chairman Winton. Vice Chairman Winton: I'm sorry. Chairman Gonzalez: Your vote. Ms. Thompson: Roll call. Vice Chairman Winton: What's the item? Commissioner Regalado: PHI. Ms. Thompson: On PH.1. Chairman Gonzalez: PH.1. Commissioner Sanchez: Just vote "no. " Vice Chairman Winton: Oh, yeah, OK. Commissioner Sanchez: Vote "no. " City of Miami Page 32 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 PH.2 06-00278 Department of Parks and Recreation Vice Chairman Winton: No, no, not on P -- on -- this is the plat thing? Chairman Gonzalez: PH.1, PH.1. Ms. Grindell: PH.1. Mr. Fernandez: Yes. Vice Chairman Winton: Yes. Ms. Grindell: The tentative plat. Commissioner Sanchez: Oh, so you know about it? Vice Chairman Winton: Yes. Ms. Thompson: Thank you, and then Chairman Gonzalez. Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted, as modified, on first -- I'm sorry, passed, as modified, on first reading, 5/0. Chairman Gonzalez: All right -- Commissioner Sanchez: Through -- Chairman Gonzalez: -- PH.2. Commissioner Sanchez: Mr. Chairman, before -- through the City Manager, could we have all the executive directors -- ? I have the outmost [sic] respect for all of you, but when you have an item like this that we're briefed through our staffs, and then we sit down with our staffs, and we do have a substitution like this, whether it's a small substitution or not, I think that you need to make it very clear that the executive director should put it on the record because it's an item that's just presented to us today, and although we go through the whole item, and we don't know the substitution. It's important -- I all -- my pet pee [sic] is that we're here, we're the legislative body, but there are people home -- there are people at home that are watching Net-9 and they need to know what we're voting on, so please, can we have all the executive directors, when you do have a substitution, no matter how brief it is, have them put it on the record. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION, THAT CITIZENS FOR A BETTER SOUTH FLORIDA ("CFABSF"), A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO PROVIDE ENVIRONMENTAL EDUCATION, COASTAL CLEAN-UP, NATIVE City of Miami Page 33 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 REFORESTATION, AND PLANT SPECIES OVERSIGHT SERVICES AT VIRGINIA KEY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH CFABSF, FOR A PERIOD COMMENCING FEBRUARY 1, 2006 THROUGH SEPTEMBER 30, 2006, IN AN AMOUNT NOT TO EXCEED $21,380; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 110161.580286, THE SPECIAL REVENUE FUND ENTITLED "VIRGINIA KEY COMMUNITY STEWARDSHIP COASTAL ZONE MANAGEMENT PROGRAM," THAT CONSISTS OF THE COMMUNITY STEWARDSHIP AT VIRGINIA KEY MATCHING GRANT FROM THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, NO. CZ610, PURSUANT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD AND CITY MATCHING FUNDS. 06-00278 Legislation.pdf 06-00278 Exhibit 1.pdf 06-00278 Exhibit 2.pdf 06-00278 Exhibit 3.pdf 06-00278 Exhibit 4.pdf 06-00278 Exhibit 5.pdf 06-00278 Exhibit 6.pdf 06-00278 Exhibit 7.pdf 06-00278 Exhibit 8.pdf 06-00278 Exhibit 9.pdf 06-00278 Exhibit 10.pdf 06-00278 Exhibit 11.pdf 06-00278 Exhibit 12.pdf 06-00278 Summary Form.pdf 06-00278 Memo.pdf 06-00278 Public Hearing Memo.pdf 06-00278 Public Hearing Notice.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0182 Ernest Burkeen (Director, Parks and Recreation): Ernest Bur -- Chairman Gonzalez: All right. PH2. Mr. Burkeen: -- Burkeen, director of Parks and Recreation. PH.2 is a resolution authorizing an agreement with the Citizens for a Better South Florida for exotic plant removal from Virginia Key. Commissioner Sanchez: This is PH.2? Mr. Burkeen: Yes. Commissioner Sanchez: All right, so move. Commissioner Spence -Jones: Second. Commissioner Regalado: Second. City of Miami Page 34 Printed on 9/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: All right, we have a motion and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Priscilla A. Thompson (City Clerk): It is a public hearing. Chairman Gonzalez: Motion carries. Yes, ma'am. Commissioner Sanchez: It is -- Ms. Thompson: Your public hearing. Commissioner Sanchez: -- a public hearing. Chairman Gonzalez: Oh, I'm sorry, it's a public hearing, that's right. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed, and we already voted on it. Commissioner Sanchez: I don't think we ever turn down grants, do we, Mr. Park Director? Mr. Burkeen: Never. Commissioner Sanchez: Thank you. PH.3 06-00355 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE IV/SECTION 54-124 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS/NAMES OF AVENUES," BY CHANGING THE NAME OF SOUTHEAST 2 AVENUE BETWEEN SOUTHEAST 2 STREET AND THE MIAMI RIVER, MIAMI, FLORIDA, TO BRICKELL AVENUE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00355 Legislation.pdf 06-00355 Summary Form.pdf 06-00355 Public Hearing Memo.pdf 06-00355 Public Hearing Notice.pdf 06-00355 Photos.pdf DEFERRED A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, to defer Item PH3 to the Commission meeting currently scheduled for April 6, 2006. Chairman Gonzalez: PH.3. Commissioner Sanchez: All right. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.3 is an ordinance City of Miami Page 35 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 amending the name of Southeast 2nd Avenue from Southeast 2nd Street to Miami River to Brickell Avenue. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Good morning. Jack Lowell: Good morning, Mr. Chairman. We have some materials we'd like to give the Commission. Priscilla A. Thompson (City Clerk): I'm sorry; I need a name for the record, please. Mr. Lowell: Jack Lowell, Codina Realty, 355 Alhambra Circle, in Coral Gables. Chairman Gonzalez: All right. Commissioner Sanchez: How many people will be speaking on this item, Mr. Chair? Chairman Gonzalez: I don't know. How many people are going to speak on this item? Five. Mr. Lowell: If they're supporting the proponents, only two, unless you would like some of other people. For the opponents, I don't know. Chairman Gonzalez: OK. Commissioner Sanchez: The opponents -- Chairman Gonzalez: We need -- Commissioner Sanchez: -- anyone going to speak -- Chairman Gonzalez: -- your name and address for the record. Do you want to speak on the item? Mr. Lowell: Yes, yes, sir. Chairman Gonzalez: OK. We need your name and address for the record Mr. Lowell: Jack Lowell, Codina Realty, 355 Alhambra Circle, in -- Chairman Gonzalez: No, wait a minute. Mr. Lowell: -- Coral Gables. Chairman Gonzalez: Now we lost quorum. Go ahead. We have three Commissioners on the floor now. Go ahead, sir. Mr. Lowell: Mr. Chairman, members of the Commission, we are here asking your support for an extension of the name Brickell Avenue to codesignate Southeast 2nd Avenue for two blocks, from the north end of the Brickell Avenue Bridge to Southeast 2nd Street. This is the historic heart of downtown Miami, and what put Miami on the map originally was the Royal Palm Hotel, which opened in 1897, and the piece of land we're talking about, the strip of land where the land designation would change is where the old Royal Palm sat. A 350-room hotel, with a hundred rooms for staff ; it encompassed the entire 300 acres that Julia Tuttle gave to Henry Flagler that caused him to build the hotel and start the growth of Miami, and you have a picture of the hotel looking from the south side of the Miami River in its heyday. We've given you the site plan from City of Miami Page 36 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 the original hotel, and the thing we wanted to point out is that what is now Southeast 2nd Avenue stopped at Southeast 2nd Street, so historically, that road stopped there, and everything here was Royal Palm on this side and Julia Tuttle on this side, so that was a condition until 1929 when the Brickell Avenue Bridge was built, and when that happened, obviously, Brickell was extended, and this shows when US 1 was design -- this is first national highway. It went from Key West to Maine. It came up Brickell Avenue, came across downtown Miami, jogged across the Brickell Extension, and went down to Bayshore Drive. You'll see here that Southeast 2nd Avenue was still a small city street, but this was US 1; went across the bridge, went up Southeast 2nd Street, turned right, OK. This was one of the plans -- this land, the heart of downtown Miami, has been empty since the early '30s when the Royal Palm hotel was torn down and parking lot the entire time, so a lot of plans were done over the years. This is one of those that created a Biscayne plaza that the Brickell Extension fed into the plaza and then went over to Bayshore Drive -- I mean, I'm sorry, Biscayne Boulevard. Note this was an exhibition auditorium, a big fresh water pool, grandiose plan; never happened. Again, Southeast 2nd Avenue stopped on the north side. I'd like to point out an interesting historical thing here. This is Burlingame Island, which did not exist when William Brickell had his trading post. It's a spoil bank when they dredged the Miami River. Mr. Winton may appreciate this. This is a causeway to Virginia Key, proposed to go over what is now Brickell Key. This portion of the causeway got built. When Ed Claughton built this -- bought the property, he put in a bridge and renamed the island Claughton Island. When Swire Properties bought the majority of the island, they had the Commission rename the island Brickell Key. Now, you may note that this Brickell Key is a fair amount further away from Brickell Avenue than what we're talking about here at the edge, so there's a historical precedent in Miami for changing names. I mean, we do it a lot. We codesignate streets, and there's an ample precedent for extending a Brickell name to somewhere other than Brickell Avenue. That's the historical setting. I'm now going to ask you to listen to the future of what's happening here from Tim Weller. Tim Weller: Commissioners, thank you. I'm Tim Weller, residing at 5450 Southwest 76th Street, and representing MDM Development Group in this application. Excuse me for just a moment. I'd like to put up a different board here. I think you -- you don't have these in your packages. Unfortunately, we didn't get it there, but I think, as we've been here many times before with our development downtown, we're all very well aware of the unprecedented growth that's happening all over the City of Miami, but in particularly, I think the downtown and Brickell areas have a special interest obviously for all of us here today. Our group has developed on Brickell Avenue. We developed the JW Marriott and, at that time, the Barkley's Financial Center, and we still own the Marriott and operate that. Our future plans include the Metropolitan Miami site downtown, and we're under progress for the first tower there, ready to start our second tower in April. This is about a little over a billion dollars worth of investment in the downtown area. We do have some other people here that are also building in the downtown area in the same region that would like to speak as well, if we have -- if you give them that opportunity, but this is really about not one development or two or three developments; it's really about the future growth and vitality of Miami as a city. As Jack has pointed out, historically, Brickell and Brickell Avenue has had a very, very important role in our history. The downtown area, as we've all -- as we all know, was the birth of the City of Miami. It is currently the rebirth, and we're very excited to be there. We think that the link between these two vital areas is extremely important for the long-term success of the City as a whole. There's exciting things happening on both sides of what's been called and viewed for too long as a barrier, and that was the Miami River and the Brickell Bridge. We think that that really should be a link and an opportunity for the future growth and development of all of Miami. We've been working on this now for three or so years, and it's been very interesting in dealing with national retailers, international and national corporate companies looking for headquarters. They view Miami, they view my -- downtown and Brickell as really one market place. We finally -- and it's taken a long time to convince them that Miami is where they really need to be, and particularly downtown. I'm using downtown in a much broader sense than we have had -- I think, been used to hearing, and it really includes all the way up Biscayne, with all of the development that is happening, certainly the Performing City of Miami Page 37 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Arts Center; it does go south, and it can go south as far as Rickenbacker. There is lots of development happening. We've finally reached a critical mass in the development of this City that we have worldwide attention. We're no longer begging people to come and take a look. They're knocking on our doors. They want to know what we have to offer, and there's a lot of developers here today. I'm sure everyone has an investment. We constantly advertise and market our projects, and finally, we've come to a point where those projects are really happening. Now we think it's time we need to put our efforts into marketing our city, certainly from the public sector. They've been very, very involved in this for a long time. We've had an administration. We've had elected officials that share the same vision with the private sector. We've really worked closely together and we think this is another opportunity to continue that relationship and find an opportunity here to create a whole new business financial district image that we can go out to the world with and really sell the City of Miami. Brickell Avenue is extremely important. There is no doubt about it. It has a great place in our history. We feel it will have in the future and we appreciate your consideration. Commissioner Sanchez: All right. Mr. Weller: We do have some other people as proponents here. Commissioner Sanchez: Very brief. Mr. Weller: If they could, they're here. If they would like to stand, just to let you know -- Chairman Gonzalez: All right. Mr. Weller: -- what we have here for -- as proponents of this. We do have other speakers. There's a lot of people. Commissioner Sanchez: They're not (UNINTELLIGIBLE). Mr. Weller: We think, in the essence of time, we have two other key people, if you would like to hear from them -- Chairman Gonzalez: All right. Mr. Weller: -- and that would be on the proponent side. Chairman Gonzalez: Yeah. We're happy to hear from them. Mr. Weller: OK. Chairman Gonzalez: We appreciate it if they be brief though -- Mr. Weller: Yes. Chairman Gonzalez: -- and they don't be repetitive. Art Murphy: My name is Art Murphy. 1 am here on behalf of CMC Group and DP (Dupont) Property Holdings. We are the owners of the former Dupont Plaza site. We also have developed under the leadership Ugo Colombo, two projects on Brickell Avenue, Santa Maria and Bristol Tower; recently finished Grovenor House, and we are in support of this change because it is the natural evolution of the development from Brickell into the downtown core. I also wanted to point out that the City Commission, more recently than Brickell Key, made the decision to change the name South Bayshore on the southern side of the Miami River to Brickell Bayshore, so there is -- that has been done, and this, we believe, is the natural extension of Brickell City of Miami Page 38 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Avenue; continues along the same road also would alleviate a tremendous amount of confusion about that and would continue the support of several billion dollars of development that's occurring in this area, and so we are fully supportive of the change and think it is the right change, and is a continuation of that street, which, quite frankly, right now is very confusing to even give people directions as to where the Dupont Plaza site is, because as they come across the bridge, it's a very difficult avenue to explain to them, so we are supportive of it, and we are in the process of spending about a billion dollars developing that site and we think it would be, again, a natural extension of Brickell from the south side of the river, across the river up to north -- up to 2nd Street. Thank you. Chairman Gonzalez: Thank you. Next speaker. Good morning. Armando Codina: Good morning, Mr. Chairman. Chairman Gonzalez: Welcome. Mr. Codina: Mr. Vice Chairman, honorable members of the Commission. My name is Armando Codina at 355 Alhambra. Unfortunately, I don't own any land on Brickell Avenue; I wish I did. Brickell Avenue is a great address. It's a great brand. It's a great franchise of the City of Miami. It is not owned by the property owners, who are fortunate enough to have property there. It is your franchise. You're the custodians of that good name. Make no mistake about it; Brickell Avenue is the Wall Street of this part of the world. It is your Wall Street, and it is the Wall Street of Latin America. If I asked you what was the street behind Wall Street, I'll bet none of you, not no one here could -- would know what is the name of the street behind Wall Street. Everyone wants to be on Wall Street. Everyone wants to be on Brickell Avenue. Unfortunately, during the year many cities have cherished their financial districts. We, in the City of Miami, have had such -- so many people wanting to come here that a lot of our commercial -zone land has been turned into residential. I can give you several examples, but probably the best example for you would be the parcel in front of the Four Ambassadors, next to 801. That would have been a great financial address. It turned out to be residential. Residential, by the way, is great for the City of Miami. It's good for your tax base. We need people there, but frankly, I think we got too many condominiums, so -- and in addition to that, I should add that what was paid for that parcel, a commercial development doing an office building could not pay what was paid for that site, but we have very few sites. This is a logical extension of our financial district. I could say the same thing about the hotels, by the way. The hotels, if you take a look at -- a good example would be the Sheraton. We are reducing the number of hotels. We're doing more condos. There will be a very good project built there by Related. There will be a very, very deluxe viceroy hotel, but we've lost hotel rooms, so I'm here today to speak on behalf of Ricardo Glass, who's the owner, together with Luis Pulenta of this project, because Ricardo had a medical family emergency and he called me yesterday and asked me to come and speak on his behalf. In addition to that, Mr. Chairman, 1 am speaking here on behalf of Will Marriott, the CEO of Marriott Hotels. A Marriott marquee on this site makes a lot of sense. I believe this project is good for Brickell. I think it's good for your tax base. It's good for employment. It's good for economic development, and I think it's very, very good for the Knight Center, so I hope you would consider favorably. Thank you. Chairman Gonzalez: All right. Thank you. Anyone else? Hal Martell: Yes. Hi. My name is Hal Martell. I am President of Brickell Area Association, here representing the association. My address is 848 Brickell Avenue, Suite 600, Miami, 33313. I want to thank Mr. Codina for his straightforwardness. Certainly, this is about the brand, the Brickell brand. Brickell, historically, has been the area south of the Miami River. That's a natural line of demarcation. It's been this way for decades. I think we realize that having the brand or being able to have a Brickell Address would be very important to new enterprise, but in all due respect, I do want to mention that over the past several decades, when the area in City of Miami Page 39 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 question was a parking lot, the Brickell brand and the community of Brickell has been working diligently for decades and decades to develop the community and the brand, which is now an international brand. We feel that it should be contained within the historical area. Chairman Gonzalez: Thank you. Mr. Martell: You bet. Chairman Gonzalez: Yes, sir. Good morning. Daniel Ponce: Good morning. My name is Danny Ponce. I'm with the Brickell Key Master Association, and I am the general manager of the association, representing all of Brickell Key, specifically -- approximately 5,000 residents who live there, and equally impressed by Mr. Codina's comments, I'd like to make reference to the fact that Brickell Avenue has been a tremendous success for years. We're very grateful to have that brand and all that it's brought to Miami during the last years. However, it's important to know that quite derent from Wall Street, which cannot be expanded in either direction, Brickell Avenue could be expanded in both directions. However, the river has been, through the years, the clear demarcation of Brickell Avenue, and has brought about tremendous financial impulse and influx in the City; has been worldly recognized as such, and for the years that I've known Brickell and everything that has happened in Brickell, I would want to say to you protect that image; protect the Brickell Avenue boundaries as they sit today. The residents of Brickell Key, along with the Brickell Area Association, strongly recommend that you maintain the boundaries as they exist today. Thank you. Chairman Gonzalez.: Thank you. Barbara Beaudry: Good morning. Chairman Gonzalez: Good morning. Ms. Beaudry: My name is Barbara Miller Beaudry. 1 reside at 1430 Brickell Bay Drive. I stand before you this morning really in two capacities. I am a member of the board of directors of the Brickell Area Association, and as I have just indicated, I am a Brickell Area resident property owner for 20 years. Brickell memorializes the history of this City, a very young City in many ways. It is where the marvelous community, vibrant and growing, that we are now all privileged to live. Brickell is where it all began, but it began south of the Miami River. The William Brickell Trading Post -- and Commissioner Sanchez, as you know, Mary Brickell so important in platting the Roads area. There is absolutely no connection of the Brickell name north of the Miami River, and I think in many ways, we are out of you know, watershed period here. If we start blurring our history, if we start giving away names to help along our continued vitality, I think we're robbing ourselves of something very special. There was a mention made by a previous speaker of the Royal Palm Hotel; that's correct, and that was Henry Flagler. That's why you have Flagler Street just one block north. Why not capitalize on the name Royal Palm in some way, but clearly, Brickell Avenue is important to the historic nature of this city and 1 think it needs to be preserved. Thank you for hearing me. Chairman Gonzalez: Thank you, ma'am. Good morning. Loretta Cockrum: Good morning. I'm Loretta Cockrum. I live at 1840 South Miami Avenue. I'm a past president of the Brickell Area Association and a current board member of the Downtown Development Authority. I'm not here to take a position. I'm here to just inform the Commission that this has not come before the Downtown Development Authority, and clearly, we have -- are in the midst of master planning the entire city, all of the issues that are impacting development, that are impacting the future of the City. We were invited to come before the City of Miami Page 40 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Brickell Area Association, and there was an initial presentation, but it was then withdrawn. I'm only here asking that it be given the appropriate public consideration in the appropriate venues and in the appropriate processes. That's all I'm asking. Thank you. Chairman Gonzalez: Thank you. Anyone else? All right, the public hearing is closed. It comes back to the Commission. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. Commissioner Sanchez: Why don't we make a motion either to approve or not to approve so we could discuss it? Chairman Gonzalez:: Beg your pardon? Commissioner Sanchez: Let's make a motion, either it thumb's up, thumb's down, so we could discuss it. Vice Chairman Winton: Well, I'm not prepared to make a motion to do anything yet because 1 don't -- I need to have some discussion before -- Chairman Gonzalez: All right. Vice Chairman Winton: -- I can get into a position, I thinly if you don't mind. Commissioner Sanchez: I don't mind. Commissioner Regalado: So -- Chairman Gonzalez: All right, Commissioner Regalado, you're recognized. Commissioner Regalado: -- I would, of course, be very attentive to the area Commissioner, not only because he represents the area, but because he really understand what is going on in downtown Miami, and to his credit, we need to thank him for all the good things that have been done in Brickell and in downtown Miami. I just want to say, because of the work that I have been doing this many years in the media and marketing, that what is being proposed, it makes sense in terms of marketing, in terms of sharing the name with a few blocks, because it is, like Miami, a name that is recognized throughout the world, and Mr. Codina say, well, it's the Wall Street of this side of the hemisphere, and my only comment will be that if this is the path that the City Commission will choose, is that we need to have a commitment from the City that this area will be part to the grandiose area of Brickell; that is, you know, landscaping and taking care of the area, because this is what Brickell deserve, but to me, it makes sense. It's not about attacking history. It's just about prolonging the fame of one beautiful area to help redevelop the downtown area, and that, Mr. Chairman, was my only comment. Chairman Gonzalez. All right. Commissioner Winton. Vice Chairman Winton: Mr. Chairman, let me start off by saying that, in the margin of my notes on the agenda, it says here I'm absolutely opposed. I was called by a number of people yesterday afternoon, both pro and con, on this issue, and I was implored by both sides to be objective and make the right decision. When the issue over the now -infamous real estate deal done by the Mayor, the Manager, and I came out, and the -- Joe Oglesby, who's on the editorial board of the Herald called to talk to me about conflict of interest, I pointed out to him that I consider a financial linkage between two people to be less of a conflict of interest than 1 do friendship between two different people, and you all sitting in the audience have put me in the most uncomfortable position of my entire public career because today, no matter what I do, I City of Miami Page 41 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 lose, because I've got long-time personal friends that have been friends of mine since before I got elected. In fact, friends sitting in this audience who implored, raised the primary money to get me elected the first time, and they're on opposite sides of the fence today, so 1 can't win. The only thing 1 can do, personally, is lose, but my job has always been to try to do the right thing, and in doing the right thing, I think there are good and bad arguments on both sides of this fence. I think there -- let me go back to the DDA (Downtown Development Authority), and Loretta, you happened to miss the meeting, but I think it was the very first meeting where I got appointed chair of the DDA. The Downtown Development Authority, when I was off the board, during that gap when I was off the board, did, in fact, have an economic consultant that they hired who studied this very issue over whether or not to extend the Brickell name north across the river, and that board -- and I have it here -- voted unanimously in favor of the move, and that was at my very first meeting. Now, at the time, my partners and I owned an office building that would have been impacted, and so I didn't want to have anything to do with this issue. We don't own that office building anymore, so I don't have that same conflict. My conflict is no longer economic. It's only personal friendship, which is ripping at me much more than the financial issue was, but there is an economic study that's been done that suggested -- by the Downtown Development Authority -- this happen. There's history already on the side of name changes, where Brickell -- where South Bayshore Drive was -- name was changed, Claughton Island's name was changed, both to capture the magic of the name term "Brickell, "and I have a sense that from the right thing for our city's standpoint that extending that Brickell name to 2nd Street is -- I sense that that's a good economic move, but what I -- you know what I don't have? I only have the sense. There has been a study done. I haven't read that study. I want to read the study before I make this decision, because at the end of the day, I need to make the decision that isn't right for one set of my friends or the other set of my friends. 1 need to make the decision that I think is right long-term for our city, and because someone has spent real money on an economic analysis to determine if -- that this is good or bad -- I don't know if it's a good study or a lousy study because I haven't read it. What I would prefer to do is to defer this issue. I don't care if it's to the next meeting or to the -- probably the next regular Commission -- I don't care. Y'all help me decide, whether it's one meeting away or two meetings away so that I have an opportunity to get my hands on the study, give it to each of you, and let us all read that study and see if we think the study's good, bad, or indifferent, and then make a decision that we think is right for our City, and what's right for our City may not be to extend that name "Brickell" to the north side of the river. I'm not sure I know yet, but I would like the opportunity to at least look at one -- and I'll make one more statement here. We all know what's driving this. I don't want to talk about it because I don't want to lose that opportunity because that's still a good opportunity, but there's a lot of conflict sitting in the room about that very issue. At the end of the day, we still need to make the right decision long-term for our community and for our City. Commissioner Sanchez: Mr. Chairman. Vice Chairman Winton: Yes, sir. Chairman Gonzalez: All right, so you want to defer? Commissioner Sanchez: Well, I think it's always been our courtesy, when a Commissioner has asked for a deferral on the item, to defer the item. I just want to elaborate on what you said, putting yourself in an awkward position when we vote, and we do vote at times where we please some percent and displease the other percent, but I'll tell you what we cannot allow our community to be and we cannot become a one -issue society. There are going to be times that we vote on an issue that people may not agree, but life goes on, so having said that, 1 am prepared to second your motion to a deferral, but I would respectfully request that it be brought at the next Commission meeting. Vice Chairman Winton: That's fine with me. City of Miami Page 42 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: All right, so we have a motion. Commissioner Spence -Jones: I just wanted to just add, Mr. Chairman, if you don't mind Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: I concur with you, Commissioner Winton. You know, I was in the same situation not too long ago on this whole issue of spending money and not really knowing what the real results are, so I definitely support you in doing that because that's the right thing to do. Secondly, I just would like to add that as far as from the standpoint of the economic development -- or economic impact from the jobs that are so needed in this town -- you know, we got a lot of housing going up and not as many jobs, so for me, you know, seeing a project like this happening within the downtown area will only provide the necessary jobs that I know my residents in Overtown and Little Haiti will be able to benefit from, so I would definitely, you know, defer to you on this item until we get the study back. Vice Chairman Winton: May I make one other comment? Commissioner Spence -Jones: Sure. Chairman Winton: I would hope that between now and then that you all, on both sides of this issue, can help get me out of the middle. If you don't, I will make a decision in two weeks. Commissioner Sanchez: On the 6th, April 6 -- Vice Chairman Winton: April 6. Commissioner Sanchez: -- so you know. Vice Chairman Winton: April 6. April 6, yeah, so I hope y'all can figure out a way to deal with this issue between now and April 6 so that I don't end up with one side of my true friends mad and another side happy. Commissioner Sanchez: Can't please everybody, pal. Chairman Gonzalez: All right. We have a motion to defer -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The item has been deferred for the next Commission meeting, April 6. PH.4 06-00365 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING A THIRTY Public Works (30) DAY EXTENSION OF THE PLAT ENTITLED "BAYONNE BAYSIDE SUBDIVISION;" FURTHER PROVIDING THAT APPROVAL OF SAID PLAT SHALL BE RESCINDED IF NOT RECORDED BY APRIL 22, 2006. City of Miami Page 43 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 06-00365 Legislation.pdf 06-00365 Exhibit 1.pdf 06-00365 Exhibit 2.pdf 06-00365 Exhibit 3.pdf 06-00365 Exhibit 4.pdf 06-00365 Exhibit 5.pdf 06-00365 Summary Form.pdf 06-00365 Public Hearing Memo.pdf 06-00365 Public Hearing Notice.pdf 06-00365 Public Works Memo.pdf 06-00365 Public Works Notice.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to defer Item PH.4 for 30 days. A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez absent, to reconsider Item PH.4, granting an extension of 30 days. Note for the Record: Rem PH.4 was reconsidered to afford a public hearing on said item. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to defer Item PH.4 for 30 days. Chairman Gonzalez: All right. Let's move to PH.4. Commissioner Sanchez: And all of a sudden, City Hall becomes empty. Commissioner Regalado: Wow. Commissioner Sanchez: We'll see you all back on the 6th. Please do reserve your seats. Vice Chairman Winton: OK, we're on PH.4, Public Works item. Stephanie Grindell (Director, Public Works): PH.4 is a resolution rescinding the plat of Bayonne Bayside subdivision. The owners were not able to record the plat within the allowable 120 days. The applicant is here to request an extension, and Public Works recommends an extension. Vice Chairman Winton: So we have a Public Works recommendation on the extension of this -- Commissioner Regalado: Move it. Vice Chairman Winton: -- plat. Got a motion. Commissioner Regalado: I'll move it. Commissioner Spence -Jones: Second. Vice Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. PH.5. City of Miami Page 44 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Jorge L. Fernandez (City Attorney): Well, Mr. Chairman -- Vice Chairman Winton: Yes, sir. Mr. Fernandez: -- on the record, 1 would like for the applicant on the record, given the history - Commissioner Sanchez: Absolutely. Mr. Fernandez: -- of this item, to state categorically that there is a limited extension that's being awarded. The understanding between the Department and the applicant is? Adrienne Pardo: The Code requires no more than 30 days. Mr. Fernandez: On the record. Otherwise, he'll -- Ms. Pardo: Yes. Mr. Fernandez: -- be back here again for irretrievable rescission. Vice Chairman Winton: Oh. Priscilla A. Thompson (City Clerk): But we all -- Vice Chairman Winton: Thirty days. Ms. Pardo: We understand -- Vice Chairman Winton: I mean, the Code requires -- Ms. Pardo: -- that it's -- Vice Chairman Winton: -- 30 days. Ms. Pardo: -- a maximum of 30 days, and 1 would just like to thank the -- Ms. Thompson: I'm sorry, before you go on, since we're putting it on the -- Vice Chairman Winton: Name and address. Ms. Pardo: Adrienne Pardo, law offices at 1221 Brickell Avenue. If I could just state on the record really quickly, I'd like to give a big thank you to Stephanie Grindell and her department for really working very, very hard with us and the developer, and the Law Department as well, and we appreciate it. Commissioner Sanchez: Stephanie, it's OK to smile every now and then. Commissioner Spence -Jones: I know. Commissioner Sanchez: All right. Vice Chairman Winton: PH.5. Ms. Thompson: I'm sorry. I just want to make sure with our City Attorney; this was listed as a City of Miami Page 45 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 public hearing. We didn't have an opening and closing. Was that necessary? Vice Chairman Winton: I don't think so. Was it? Oh. Mr. Fernandez: It is a public hearing, and -- Vice Chairman Winton: To defer it? Mr. Fernandez: -- perhaps it should be noted for the record that no one from the public wanted to speak on it. Commissioner Spence -Jones: Did we ask? Vice Chairman Winton: I will note for the -- this is a -- let's -- well -- Commissioner Spence -Jones: Ask. Vice Chairman Winton: -- have we voted and closed this item? Commissioner Sanchez: You want a motion? Mr. Fernandez: You have, in essence, voted, yes. Commissioner Sanchez: You want a motion to reconsider? Vice Chairman Winton: Yes. Commissioner Sanchez: OK, motion to reconsider. Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Vice Chairman Winton.: So we have a motion to reconsider. All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion carries. Vice Chairman Winton: Item number PH4 is a public hearing. Anyone from the public like to speak on PH.4? Apparently, there's no one from the public who would like to speak so the public hearing is closed. Need another motion on the -- what are we doing, continuing or ex -- ? Commissioner Regalado: Extension, extension. Ms. Pardo: A 30-day extension. Vice Chairman Winton: It's providing a 30-day extension. Need a motion. Commissioner Regalado: Move it. Vice Chairman Winton: Need a second. Commissioner Spence -Jones: Second City of Miami Page 46 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 PH.5 06-00368 Department of Capital Improvement Programs/Transpor tation Vice Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion carries. Ms. Pardo: Thank you again. RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING THE CONTRACT AWARDED TO SHORELINE FOUNDATION, INC. ("CONTRACTOR"), PURSUANT TO RESOLUTION NO. 04-0107, ADOPTED FEBRUARY 26, 2004, FURTHER AMENDED PURSUANT TO RESOLUTION NO. 05-0131, ADOPTED FEBRUARY 24, 2005, IN AN AMOUNT NOT TO EXCEED $5,330,462, INCREASING THE COMPENSATION FROM $10,329,812 TO $15,660,274, FOR ADDITIONAL STRUCTURAL REPAIR WORK REQUIRED FOR THE PROJECT ENTITLED "BICENTENNIAL SHORELINE STABILIZATION PROJECT, B-30293;" AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $3,223,080, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-30293, AND THE REMAINING BALANCE OF AN AMOUNT NOT TO EXCEED $2,107,382, FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-30293; AMENDING RESOLUTION NO. 05-0131 TO REFLECT SAID INCREASE. 06-00368 Legislation.pdf 06-00368 Exhibit 1.pdf 06-00368 Exhibit 2.pdf 06-00368 Exhibit 3.pdf 06-00368 Summary form.pdf 06-00368 Public Hearing Memo.pdf 06-00368 Public Hearing Notice.pdf 06-00368 Text File Report.pdf 06-00368 Pre Contract.pdf 06-00368 Text File Report 2.pdf 06-00368 Amendment 1.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0184 Vice Chairman Winton: PH.5. City of Miami Page 47 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mary Conway: Mary Conway, CIP (Capital Improvements Program) & Transportation. PH.5 has a companion item, RE. 1, that I respectfully request we hear first. It's appropriating funds that are required in advance of PH.5. Vice Chairman Winton: RE. 1 -- so do you want us to go to RE. 1? Ms. Conway: Yes, please. Vice Chairman Winton: And now you want to go back -- Commissioner Sanchez: PH.5. Vice Chairman Winton: -- to PH.5? Ms. Conway: To PH5. PH5 is a resolution to approve an emergency finding to allow the use -- the continued use of Shoreline Foundation for phase III of the Bicentennial Shoreline Stabilization project in the amount of $5, 330, 462 that would increase the total compensation to this contractor for all three phases of the seawall to $15, 660, 274. It's being brought as an emergency finding based on the requirements of the City's procurement Code. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission? Nina West: Good morning, Commissioners. My name is Nina West. I'm the Parks Committee chair for Miami Neighborhoods United. I have some questions about this. First of all, as we have discussed many times here, land acquisition costs for new parks go up all the time. Secondly, it's a huge amount of money for an emergency. We have a lot of emergencies here, where we're actually -- you know, this is one half -- Vice Chairman Winton: Nina, those are all statements. I haven't heard a question yet. Ms. West: OK -- of the amount of money that's going towards this, so 1 want to know why we have so many emergencies and why we would consider taking park acquisition money, even a small amount, out of the impact fees. Vice Chairman Winton: Well, let me address the parks issue. This is my district. This is a park. Bicentennial Park is a park, and so I'm one hundred percent in favor of this. The reason that it's an emergency is because -- and correct me if I'm wrong -- but we have a contractor who's probably been the best performing contractor -- Commissioner Sanchez: Yes. Vice Chairman Winton: -- we've had in a long time in this city, who's been doing the seawall. He's done an outstanding job, either below or on budget and on time every single piece of the way. The most disappointing thing -- and most of this money is coming out of District 2 bond money stuff -- the most disappointing thing to me is that when we originally set aside $10 million for Bicentennial Park in the original bond issue, I was hoping that we were going to use a fair amount of that money to actually improve the park What we determined subsequently when the seawall was surveyed is the whole damn sea -- we knew we were going to have to replace part of the seawall. We had no idea we were going to have to replace all of the seawall, and if you didn't replace the seawall, you're not going to have a park because the wall's going to crumble and fall in the bay, and if it falls in the bay, then the land's going to fall in the bay and you're not going to have any land for a park anyhow, so it was a great disappointment to me that we had to take all of this money. I think we were originally estimating seawall replacement at $3 million, something in that neighborhood. That's what our original budget was for seawall replacement, City of Miami Page 48 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 and it's at 15 million, so it's gobbled up all of the money that we planned on using for actually doing something about making the land a park, but you don't have any choice. Ms. West: OK. Could I ask another question -- Joe Arriola (City Manager): Commissioner -- Ms. West: -- on the same -- Vice Chairman Winton: I don't -- Ms. West: -- in the same vein, please? Mr. Arriola: To clam something -- Vice Chairman Winton: Yes. Mr. Arriola: -- the resolution was originally brought as an emergency years ago, so now, as we add to it, it has to continue as an emergency. Vice Chairman Winton: Oh, it does? Mr. Arriola: Yes. Vice Chairman Winton: Oh, so the rule is -- well, I didn't even -- but I understood the part about the contractor, but if it -- if we have a spending item that comes as an emergency to begin with, it always stays that way. Wow, that's weird. OK Chairman Gonzalez: All right. Vice Chairman Winton: Nina. Ms. West: OK, so that's a little -- but I was going to just mention that since the contractor is really good and everybody's very happy with him and he's moving along, I'm sure he would have told you that the whole seawall was crumbling right from the beginning. Vice Chairman Winton: He -- it isn't him. No, we knew it -- Commissioner Sanchez: No. Vice Chairman Winton: -- it from the beginning. Ms. Conway: We knew that. Vice Chairman Winton: We -- you're misunderstanding. When we did the original budget and no one had surveyed the seawall, we knew, just in general -- Ms. West: OK. Chairman Winton: -- that there were issues with the seawall, so we put a budget in there of $3 million. Ms. West: OK. Vice Chairman Winton: Once we got the seawall surveyed, we determined that it is not $3 City of Miami Page 49 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 million; the whole damn seawall's going to have to be replaced, and the question then became, where are we going to get the money to do it -- Ms. West: All right. Vice Chairman Winton: -- and are we even going to get the money to do the whole seawall -- Ms. West: Um -hum. Vice Chairman Winton: -- and we've been fortunate that we've been able to do that and keep the process moving, and now then we're going to end up with the whole seawall completely finished Ms. West: OK. Vice Chairman Winton: -- so that we're in a position to create a park. Otherwise, you know, he would stop, and then we've got to figure out where you get the money, and you can't start the park improvements until you get the seawall done. Ms. Conway: And if I -- Ms. West: Thank you. Ms. Conway: -- might add, Commissioner, I think it's significant to note that the City -- you're correct, that the City strategically phased the project because of the funding issue, but also to allow for additional and separate grant applications, and should the construction have to stop and the City have to get a new contractor and have to remobilize, that's typically ten percent of a project's cost, which, in this instance, is a half a million dollars. We're also saving monies based on the time frame to procure the steel sheet piling, which is a critical path long lead item; comes from overseas. There are monies that are being saved, approximately another $300, 000, so proceeding with the item that's before you has a net savings of at least $800, 000 to the City, not including inflationary costs if the project were delayed Vice Chairman Winton: OK Thank you. Ms. West: OK. Thank you for -- Vice Chairman Winton: Thank you. Ms. West: -- the good explanation. Vice Chairman Winton: All right. Anyone else from the public? OK, seeing none, hearing none, the public hearing is closed. Commissioner Sanchez: Is there already a motion? Chairman Gonzalez: We need a motion. Commissioner Sanchez: So moved Vice Chairman Winton: So moved Second Commissioner Spence -Jones: Second Chairman Gonzalez: We have a motion and we have a second It's a resolution. All in favor, City of Miami Page 50 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Those opposed have the same right. The motion carries. City of Miami Page 51 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 ORDINANCE - SECOND READING SR.1 06-00107 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTH OF NORTHEAST 11TH STREET BETWEEN NORTHEAST 1ST AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00107 FR/SR Legislation.pdf 06-00107 FR/SR Summary Form.pdf 06-00107 FR/SR Public Hearing Memo.pdf 06-00107 FR/SR Public Hearing Ad.pdf 06-00107 FR/SR Memo.pdf 06-00107 FR/SR Map.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12782 Chairman Gonzalez: All right. SR. 1. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR. 1 is an ordinance amending Chapter 54 to reduce the zone street right-of-way of -- width of Northeast 11 th Street, between Northeast 1st and 2nd Avenues, from 75 to 50 feet. If I can offer some additional information. The existing street is currently constructed at 50 feet. If we were not to waive this, each property owner on both sides of the street would be required to dedicate twelve and a half feet of their own property to the City for public right-of-way purposes. The Transportation Department has reviewed it and has -- their analysis says that that width is not necessary for transportation purposes. Vice Chairman Winton: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Has the public spoken? Chairman Gonzalez: It's a public hearing? OK. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. Mr. Fernandez: Yes. Chairman Gonzalez: Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 52 Printed on 9/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: Roll call, please. 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. City of Miami Page 53 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 RE.1 06-00414 Department of Capital Improvement Programs/Transpor tation RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 05-0689, ADOPTED NOVEMBER 17, 2005, REVISING THE CURRENT APPROPRIATION FOR CAPITAL PROJECT NO. 331418, ENTITLED "BICENTENNIAL PARK IMPROVEMENTS," TO REFLECT AN ADDITIONAL APPROPRIATION OF $1,223,080, FROM AVAILABLE IMPACT FEES. 06-00414 Legislation.pdf 06-00414 Exhibit 1.pdf 06-00414 Summary Form.pdf 06-00414 Master Report.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0183 Vice Chairman Winton: OK. Could we -- Commissioner Sanchez: RE.1. Vice Chairman Winton: -- go to RE.1? Commissioner Sanchez: So we didn't do PH.5? We're coming back to PH.5? Vice Chairman Winton: We're -- yeah, she wants -- Mary Conway (Capital Improvements Project & Transportation): RE.1 -- Vice Chairman Winton: -- to come back -- she wants to do -- Ms. Conway: -- needs to precede it. Vice Chairman Winton: We have to do RE.1 before we can do PH.5, so we're going to do RE.1 first. Commissioner Sanchez: All right. Vice Chairman Winton: OK, RE.1. Ms. Conway: RE.1 is a resolution amending the capital projects appropriations to allocate an additional $1,223, 080 of impact fees from the downtown planning district to the capital fund Commissioner Sanchez: All right. Vice Chairman Winton: And this is for what? Ms. Conway: To be used for Bicentennial Park Seawall, phase III. City of Miami Page 54 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Sanchez: What's the total? Ms. Conway: The total for the project? Commissioner Sanchez: Yes. Ms. Conway: The total funds for phase III of the project that are required is the amount $5, 330, 462, which brings the grand total of the funding for all phases of the Bicentennial Seawall project to $15,660,274. Commissioner Sanchez: And that's 3, 600linear feet of seawall around the entire park? Ms. Conway: Yes. Commissioner Sanchez: Including the FEC (Florida East Coast) slip? Ms. Conway: Yes. All of the City property will be addressed through the seawall restoration of - - for phase III. There will be -- Commissioner Sanchez: How much is -- ? I'm sorry. Ms. Conway: There'll only be one remaining segment, which is Parcel B, where the City's coordinating with the County on that right now. Vice Chairman Winton: That's the site behind the American Airlines Arena. Commissioner Sanchez: Yeah, I'm aware of it. We were there for the groundbreaking. Vice Chairman Winton: Oh, yeah. Commissioner Sanchez: What's the -- how much is coming out of the Florida Inland Navigation Ms. Conway: The total for -- Commissioner Sanchez: -- grant? Ms. Conway: -- all three phases is $2,119, 670, but we are in process of requesting an additional million dollars. We have not heard back yet on that grant request. Commissioner Sanchez: How did first phase go? Ms. Conway: Very, very well. The first and the second phases of the project have been on or ahead of schedule, within budget. The contractor has been performing very well. Commissioner Sanchez: Now, I always ask, why do we have this as an emergency ordinance? Ms. Conway: If I might, could we -- I'll go into all the explanation on PH.5. Right now, the discussion was RE. I, which was -- Commissioner Sanchez: OK. Ms. Conway: -- simply the appropriation of the impact fees to the capital ordinance. Commissioner Sanchez: But 1 need for you to answer -- City of Miami Page 55 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Conway: Absolutely. Commissioner Sanchez: -- that question. Ms. Conway: I'll answer -- Commissioner Sanchez: OK. Ms. Conway: -- all of those questions. Vice Chairman Winton: So, did we have a motion? I've forgotten. Commissioner Sanchez: So move. Vice Chairman Winton: We have a motion -- Commissioner Spence -Jones: Second. Vice Chairman Winton: -- and a second. Any further discussion? Commissioner Regalado. Commissioner Regalado: On -- Mary, on the available impact fees, $1, 223, 080, from -- I thought that the main reason for the impact fee was park acquisition and land acquisition. Where are we taking this money from or -- Ms. Conway: The monies -- Commissioner Regalado: Where is that money was supposed to go anyways? Ms. Conway: -- are being used from the impact fees on a temporary basis. Commissioner Winton, if you recall that when One Miami monies -- when One Miami had monies allocated in the amount of $3.8 million from the Homeland Defense Bond for the creation of the river walk there was a proviso that went with that that the ad valorem tax collections from that property, when it came on-line, would then reimburse those monies, so it's intended that the reimbursement of the 3.8 million, which will happen over a several year period -- and CIP is coordinating with the Budget chief in that regard to make sure that that happens. The impact fees are being allocated to allow this project, which is in construction and needs to continue seamlessly, to proceed with an understanding that as those other dollars flow back that the impact fee monies will be restored, and we'll be able to bring back before the Commission how those funds will be allocated on a more global basis. Commissioner Regalado: So it won't affect the long-term and short-term park or land acquisition for park -- Ms. Conway: No, it will not. Commissioner Regalado: -- or new parks or whatever? Ms. Conway: On the short-term -- on a very short-term basis, possibly, probably not, just because of the time that's associated with an acquisition of land for parks. In the long-term, no, it will absolutely not have an impact. Commissioner Regalado: OK. Vice Chairman Winton: OK. Any other discussion. If not, all in favor, "aye. " City of Miami Page 56 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 RE.2 06-00273 Model City Community Revitalization District Trust The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE BUDGET OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("MODEL CITY TRUST"), TO INCLUDE AN APPROPRIATION FOR AN AMOUNT NOT TO EXCEED $2,242,000, THAT REPRESENTS THE PROCEEDS OF PROPERTY SALES THAT ARE SCHEDULED TO OCCUR IN FISCAL YEAR 2006, FOR HOUSING DEVELOPED BY THE MODEL CITY TRUST. 06-00273 Legislation.pdf 06-00273 Exhibit.pdf 06-00273 Cover Memo.pdf Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0185 Chairman Gonzalez: RE.1. Jorge L. Fernandez (City Attorney): That you already voted on. Commissioner Sanchez: We already voted. Mr. Fernandez: You need to go to RE.2. Chairman Gonzalez: Oh, already did that. OK, sorry. RE.2. Commissioner Sanchez: That's Model City Community Redevelopment District Trust. Commissioner Spence -Jones: Yes. Commissioner Sanchez: Is there anyone here? Commissioner Spence -Jones: Yeah. I think we have the Chairman; he's crippled, but he's -- you know, he -- I think he can make it up. Is -- and also, is the -- is Larry around from Budget? Commissioner Sanchez: He's on the injured reserve list. Commissioner Spence -Jones: And we also have the Executive Director. Commissioner Sanchez: How are you? David Chiverton: Good morning, Commissioners. Commissioner Sanchez: Good to see you again. Mr. Chiverton: David Chiverton, Chairman of Model City Trust board. City of Miami Page 57 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Jeff Whitaker: Jeff Whitaker, interim president/CEO (Chief Executive Officer). Priscilla A. Thompson (City Clerk): I'm sorry. I didn't hear you, sir. Mr. Whitaker: Jeff Whitaker, interim president/CEO. Commissioner Spence -Jones: Larry, can you just present on this item? This is an item that we're -- so that we're clear on what's happening with this item. Larry Spring: Larry Spring, chief of Strategic Planning, Budgeting & Performance. Commissioners, the Model Cities Trust is bringing forward a budget amendment appropriating projected revenues on home sales. This budget amendment does not -- is not a appropriation of a general fund contribution, but rather they're operating revenues. With regards to how we will be loading this revenue, it'll be loaded as received. Currently, I believe they've already recorded in cash on hand with the City $600, 000 of the $2.2 million change that they're requesting in this amendment. Chairman Gonzalez: All right. Mr. Spring: The City has reviewed it and we have no issues with it. Commissioner Sanchez: So there -- Chairman Gonzalez: Is there a motion? Commissioner Spence -Jones: So moved. Commissioner Sanchez.' Second. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. Commissioner Spence -Jones: I'd just have a -- I'd like, Mr. Chairman, just to make a comment real fast on this item. Chairman Gonzalez: Go ahead Commissioner Spence -Jones: First of all, I want to commend Chairman. We have a new Chairman that's doing an outstanding job, and our interim director. As you know, since I got in office, we already had about -- probably about six or seven houses already built or in the process of being built, so Model City Trust -- Commissioner Sanchez: Praise the Lord. Commissioner Spence -Jones: -- is doing an outstanding job, and we have a great project hopefully that's coming up attached to the parks, so as we sell these houses, we're going to continue, you know, to do the great work there, so I just want to commend you guys for your great work Mr. Chiverton.• And we thank you, Commissioner, for your support. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 58 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: Those opposed have the same right. The motion carries. RE.3 06-00238 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE INTERLOCAL AGREEMENTS GOVERNING THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AND THE SETTLEMENT AGREEMENT IN MIAMI-DADE COUNTY V. CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, CIRCUIT COURT CASE NO. 2001-13810 CA-08, IN ACCORDANCE WITH THE TERMS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED. 06-00238 Legislation.pdf 06-00238 Exhibit.pdf 06-00238 Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0186 Direction to the City Manager by Commissioner Sanchez to continue to negotiate with the County to find a solution to the currently existing problem between the City and the County. Chairman Gonzalez: RE.3. Commissioner Sanchez: Frank Rollason. Chairman Gonzalez: Anybody here from the -- Vice Chairman Winton: I think this is -- Chairman Gonzalez: -- CRA (Community Redevelopment Agency)? Commissioner Sanchez: Yeah, this is the City. Vice Chairman Winton: -- City Manager's -- Jorge L. Fernandez (City Attorney): Well -- Commissioner Sanchez: I'm prepared to move it. Commissioner Spence -Jones: Second. Vice Chairman Winton: Well -- Chairman Gonzalez: All right. We have a motion and we have a second. It's a resolution. All in favor, say "aye." Vice Chairman Winton: I think we need to put a couple things on the record here. City of Miami Page 59 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: I don't know where the Manager is, though. Linda Haskins (Chief Financial Officer/Deputy City Manager): I'll be prepared to answer any questions -- Commissioner Spence -Jones: OK. Ms. Haskins: -- Commissioner. Vice Chairman Winton.' The issue that we need to put on the record is the same issue that we put on the record on Saturday in -- Commissioner Spence -Jones and I had a Sunshine meeting in Overtown on Saturday, which I thought was outstanding -- Commissioner Spence -Jones: Thank you for your support. Vice Chairman Winton: Pleasure -- and the point that we had to make to the community is that while we have appointed Board Member Michelle Spence -Jones to be the chairman of the Strategic Capital Improvement Planning Committee for both the Omni and Overtown/Park West CRAs -- and creating that chairmanship and the ultimate committee that's going to go with it was a function of the fact that we had an agreement in principle with the County to extend the lifetime -- the life term of both CRAs, and our internal staff has done a really good job of determining how much money, at minimum, is going to be collected over the new life of those CRAs based on the development that's coming into the CRA districts, and in turn, determining that they felt that, on a relatively conservative basis, we could end up with something in the neighborhood of $250 million, 250. Now, put that into perspective, folks. Two hundred and fifty million dollars in two relatively small areas that are declared slum and blight when our first bond issue that we passed in 2001 was 255 million citywide, and it's done a lot of good things. We could have the same amount in a relatively small area that, as far as I'm concerned and I told the Overtown community this on Saturday, we have the best shot in the history -- in Miami's entire history to make real improvements to their lives and their communities and that whole area, and to really potentially rid ourselves of slum and blight in those areas by doing the right things here. The County, however, has pulled the plug on this issue because we've had a disagreement over not -- over whether or not the City ought to take on the responsibility to service the 108 loan that's in default on Parrot Jungle, and Parrot Jungle's on Watson Island, and Watson Island has no slum and blight, so the County's decision is to hell with the little people in an area where we have slum and blight because we're having a little tiff over the appropriateness and timing of taking over a 108 loan for an area that has no slum and blight, so I think it's just important for everybody to understand what's going on out there, and that as far as I'm concerned there's a lot of issues between the City and the County, a lot of them. There's a lot of other pieces of leverage that the County could use to try to force us to the table, if that's what their mission is, and it is what their mission is, and I have no quarrel with them trying to force us to the table on the issue; that's fair. I have a huge quarrel with holding our most needy neighborhoods hostage over an issue relative to one of the most prosperous parts of our city. I think it's wrong. Commissioner Spence -Jones: Commissioner Winton, I want to also just commend you on taking that position on Saturday, and I think the residents and the business owners in Overtown were happy to know that we have a chairman at the CRA that understands, you know, how important it is to push for them also, and I think that a lot of people left that meeting feeling as though things were going to change and that they need to mobilize to make their points known to the County, so hopefully, we're moving in that direction. I just want to get an update, though, from Linda regarding any movement from the County's perspective on this. Are we -- is -- ? Ms. Haskins: There hasn't -- I think that it's heated up. There were a couple resolutions this week at the County Commission. We certainly hope to be able to work through the process with them, and we will continue to update you. There has not been progress in the discussions to City of Miami Page 60 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 settle the issue with Parrot Jungle. However, the County has made some attempts to ratchet up the pressure. Commissioner Spence -Jones: OK. Commissioner Regalado: Mr. Chairman, one question. Linda, what this does basically extend the lives of the CRA, right? Ms. Haskins: It extends the lives of the CRA, and it also -- Commissioner Spence -Jones: The boundaries, too. Ms. Haskins: The boundaries -- Commissioner Regalado: Yeah, the boundary. Ms. Haskins: -- of the -- and it also provides additional time for the development of the lots downtown, which are critical to the redevelopment of that area. Commissioner Regalado: But it still includes money for the PAC (Performing Arts Center). Ms. Haskins: In the Omni, it includes money for the PAC, and we are -- in the Omni CRA, it increases the money for the PAC -- and Southeast Overtown/Park West. We more than cover for our residents those additional contributions to the PAC. It is a fabulous transaction for the City. Commissioner Regalado: One question: OK, we're voting on this, but we did vote on the CRA on this? Commissioner Spence -Jones: Yeah. Ms. Haskins: Yes, and -- Commissioner Regalado: We approved it, but the County Manager pulled it off the agenda -- Vice Chairman Winton: Yes, correct. Commissioner Regalado: -- so it is not been approved by the County yet? Vice Chairman Winton: Correct. Ms. Haskins: The normal sequence of events is that it would go to the CRA, go to the City Commission, and then go to -- and go to the County. It can go to the County either before or after the City Commission, but both have to vote, so what this does is clear the way to go forward, you know, once the County decides that they want to help the residents of the Overtown area. Commissioner Regalado: Well, but 1 think that Commissioner Winton said it very clearly. I mean, they want to held hostage the area until we do what they think we ought to do in the Parrot Jungle issue. I just want to make that clear because on the CRA there was some discussion and Commissioner Sanchez says this has to do with this, and even the City Attorney said no, but it did. The letter that we all get from the County Manager said it -- I mean, the copy that he sent to the Manager, so I just want to understand. This thing is not official even if we vote on it until the County Commission approves it. Ms. Haskins: That's correct. City of Miami Page 61 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Regalado: OK. Commissioner Sanchez: Mr. Chair -- Chairman Gonzalez.: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I'll be brief. I think Commissioner Winton explained it better than I could have explained it. I can't predict and I don't think anyone here can predict the future forecast of the County, but I could honestly tell you that this is a good deal for the City, as it stands right now. What it allows us to put the ball on the other court and have the County do what it has to do. 1 think their County Commission will probably pass it and then send it to the County Manager for approval, but as it stands right now, I think it's a good deal for the City and the County. Having said that, there's two things 1 want to make sure. One is, I want to direct the City Manager to possibly continue to negotiate with the County. I think it's a cooling off period, but I think that, sooner or later, we need to sit back at the table with the County and see if we could somehow -- Vice Chairman Winton: Yes, we do. Commissioner Sanchez: -- you know, meet at the 50 yard line and compromise and find a solution to this problem, and I do want to take this opportunity -- at the last meeting that Frank Rollason was here, I think that I vented my frustration on Frank which I should have not, and the type of person that I am -- and I'm -- I told him to be here because I personally wanted to apologize to Frank Rollason, who 1 have the outmost [sic] for and consider him a very decent human being, so Frank, if you're watching, I apologize. Thank you. Chairman Gonzalez: All right. RE.4 is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. Priscilla A. Thompson (City Clerk): I'm sorry -- Chairman Gonzalez: I'm sorry, RE.3. Ms. Thompson: Thank you. Chairman Gonzalez: I'm sorry. Commissioner Sanchez: Madam Clerk, you're always on the ball. Chairman Gonzalez: She's always on the ball. Thanks to her. RE.4 06-00350 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT Office MIAMI-DADE COUNTY ("COUNTY") AMEND COUNTY CHAPTER 33, ARTICLE VI, ENTITLED "ZONING/SIGNS" (THEIR SIGN ORDINANCE), TO EXEMPT THAT PART OF THE CITY OF MIAMI ("CITY") LYING WITHIN THE FOLLOWING DESCRIBED COURSES: ALONG THE MIAMI RIVER FROM BISCAYNE BAY TO 1-95, ALONG 1-95 FROM THE MIAMI RIVER TO ITS TRANSITION WITH 1-395, ALONG 1-395 TO THE FEC CORRIDOR, ALONG THE FEC CORRIDOR TO NORTHEAST 15 STREET, ALONG NORTHEAST 15 STREET FROM THE FEC CORRIDOR TO THE WESTERLY SHORELINE City of Miami Page 62 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 OF BISCAYNE BAY, AND ALONG THE WESTERLY SHORELINE OF BISCAYNE BAY TO THE MIAMI RIVER, MIAMI, FLORIDA, FOR THE PURPOSE OF ALLOWING A LIMITED NUMBER OF WALLSCAPES ON BUILDINGS IN THE CITY. 06-00350 Legislation.pdf 06-00350 Summary Form.pdf 06-00350 Stipulation Disposition -notice of Violation.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0187 Direction to the Administration by Commissioner Winton to work diligently to get a quick turnaround from the County in order to make a decision on the mural issue. Chairman Gonzalez: RE.4. RE.4. Alicia Cuervo Schreiber: Commissioners, Alicia Cuervo, chief of Operations. What you have before you is a resolution of support to petition to the County to open Chapter 33 of their sign ordinance to explore a limited number of murals in a limited area within the City of Miami. It is the City of Miami's intent to create administrative procedures after the County entertains that that would limit the number, require spacing, also require a small commercial message. Other list of things that we'll bring back to the Commission, it is our intent to do something like this so that we don't have situations that we do see throughout the County like on the US 1 busways in other areas where there is a great deal of these types of signs coming up, and as you know, we have a great number of illegal murals that have come up in the City of Miami that the City has diligently code enforced and there's action in place, but as you know, they pop up just intermittently. This controlled area would be a way to control those illegal signs, as well, so with that, we're looking for your support. Chairman Gonzalez: All right. It's a res -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Question for Alicia. How can we Code enforce the illegal murals, and I'll tell you why. On the district that I represent, there are several, but there is -- there are two huge, about some TV (television) program. I have asked Code Enforcement and they say, "Well, yeah, it's in violation," but it's still there. It's been there for month and month and month. Vice Chairman Winton: All the ones downtown are, too. Commissioner Regalado: Huh? Vice Chairman Winton: Not a one's been removed that I know of not one. Commissioner Regalado: Exactly, and I just don't understand if our policy is to fine them and get money, or if our policy is to remove them, and I wish -- Ms. Cuervo Schreiber: Commissioner, with -- I'm sorry to interrupt you, but yes, our policy is for enforcement to remove them, and we're not out for the fine. We're out to — for compliance, and one of the things that we would do with this mural ordinance is have some strict guidelines City of Miami Page 63 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 as it relates to removal, possibly even liening [sic] buildings, the ability to remove them ourselves, the ability to possibly lien buildings that have these illegal murals pop up, and we're working with our Legal Department for those administrative procedures that would allow us to have a stronger arm as it relates to that. We do code enforce them, but we do not have the ability to take them down, and they have a certain due process, and Mariano can speak to that better than myself, but we are looking for enforcement, Commissioner -- for compliance, I'm sorry. Commissioner Regalado: But I -- what I don't understand is that, so we need to wait until we have a new mural ordinance in order to take down all illegal ones that are in the City, so as of now, we didn't have -- Ms. Cuervo Schreiber: No. Actually -- Commissioner Regalado: -- any law. Ms. Cuervo Schreiber: -- there's two things happening in parallel. The first could be the mural ordinance or not, but we could also continue to mods our Code Enforcement legislation that would allow us some sort of ability to either take those murals down or to lien them, lien the buildings. Commissioner Regalado: But we haven't liened [sic] any building. Ms. Cuervo Schreiber: We -- I don't think that we have the ability to do that, and that would have to be answered by Legal or Code Enforcement, and that's why we have not done that, Commissioner, but we have taken all of them to Code Enforcement and they're going through their due process. Commissioner Regalado: But, you see, the thing that 1 see is that if you're making a lot of money, it's worth paying the fine, because if you charge for a mural several thousand dollars, it's OK if you pay a fine. It's just that, you know, if I -- if I'm taking a heart for a transplant to the hospital and 1 get a fine by the police for speeding, it's OK because, you know -- and what are we -- you know, people don't care. The people in the City don't care whether we do not have the capability. You know, they just think that we allow this mural to go up and go up and go up and anyone can just place one, so I really don't understand this, nor did I understand the fact that we're going to exclude the rest of the City of placing a mural if that could be legal, so that's my question on this one. Chairman Gonzalez: Any other questions? Commissioner Sanchez: Do you understand him? Chairman Gonzalez: All right. Ms. Cuervo Schreiber: Would you like me to answer that? Commissioner Sanchez: No. Commissioner Spence -Jones: I'm just -- you're just saying whether or not -- you got a certain zone right now you're focusing on. Your question was -- the question was, Chairman -- ? Ms. Cuervo Schreiber: The Code Enforcement will be citywide. Commissioner Spence -Jones: OK. City of Miami Page 64 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Cuervo Schreiber: If we can make the changes to code enforce to the ability for the City to remove the signs, like we do with vacant lots, that we'll go in and cut the grass and bill them, and that is an item that we're working on with Legal. Commissioner Spence -Jones: OK. Ms. Cuervo Schreiber: We're committed citywide for enforcement and compliance. Commissioner Spence -Jones: OK Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez.: Yes, sir. Commissioner Sanchez: It's -- Commissioner Winton's area is the most affected by this ordinance, so I think they're going to go get him. Vice Chairman Winton: I'm here. Mr. Fernandez: Allow me to put things in perspective somewhat. This item on the agenda is a very telling item, not in so much what it specifically says, but in what it doesn't say. What it doesn't say, but it's factual, is that we have to go to the County to ask the County for certain things, because the County has, in essence, preempted us. We are preempting -- preempted from enforcing, so the issue here is that we're asking the County, in their ultimate jurisdictions and in their ultimate sovereignty, to carve out a small district in a small area of Miami that would be free from the County absolute prohibition of murals. Then there, in that district, the City proposes to pass an ordinance that would regulate very strictly the kind of murals that can be displayed, and that's another topic for another day. That ordinance is being worked on by staff. They're coming up with all the criteria to very stringently and very strictly regulate all the murals, but the point that I was trying to make is that it is the County's absolute jurisdictions and to enforce that zero tolerance, no murals anywhere else in the City, other than in this small district that we're asking for permission to do that, we would have to enter into an interlocal agreement with the County so that we would then have the full powers of the County to in fact enforce zero murals in the rest of the City. Ms. Cuervo Schreiber: And, Commissioners, an administrative procedure would be in place that would protect the City from having exactly what's being shown right here, so I do not know what the presentation is going to be, but we would like to limit spacing, the commercial message that it be on blank walls, and have very strict guidelines that would protect the appearance of the City. Mr. Fernandez: All right. Again, and so to the point of the item in front of you, you are not dealing today with what that ordinance is going to read like and what will be allowed or not allowed in this district. This is merely a resolution of you showing your intent, asking -- this City Commission asking the County's indulgence. This is another instance where this Commission goes in front of the County and says, "Father may I," type of thing, and it's totally discretionary with the County as to whether they would allow the creation of this special district. If the County votes against it, kiss it off It's old,• all bets are off and there is zero tolerance for murals throughout the County. At that point in time, then the City has to continue to consider how it is that we're going to help the County enforce their ordinance, because that's another issue for another day. Is the County vigorously enforcing their ordinances throughout the entire County, including in the City of Miami? And, you know, if they're not, then we could augment it. We could augment that enforcement, but we would need certain special privileges granted by them to us through an interlocal agreement for us to do that, so -- City of Miami Page 65 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: All right. Ms. Cuervo Schreiber: Thank you. Mr. Fernandez: -- focus your attention today on just your willingness to ask the County for this special district. Chairman Gonzalez: All right. Yes, sir. Dusty Melton: For the record, my name is Dusty Melton, 3430 Poinciana Avenue, in Coconut Grove. Mr. Chairman, Commissioners, thank you for this opportunity to briefly address you on this issue. The sheer arrogance of this proposition that as policymakers of this City, you would go to bat for the criminal element of the mural industry, which has been flouting this law all over this City for years is stunning, even by City of Miami standards. Everybody now agrees that the County Commission in July of '85 passed a countywide sign ordinance, and we want to talk about enforcement. In the very first paragraph it reads that enforcement of these standards within municipalities is the responsibility of each city. That's the unambiguous law of the land since the summer of '85. These murals first started appearing and later proliferating in the City in 2000. One of the pioneering criminal murals was on the Days Inn building, interestingly near the Criminal Justice building, put there by then Miami -Dade College and featuring, among other faces, our Mayor. Over time more and more of these murals started appears all over downtown and the City, a couple of years ago, even considered passing an ordinance to create an ordinance to create an arts and entertainment district. Don't be beguiled by talk of adding color and sizzle and dazzle in the urban landscape. To quote Commissioner Winton from the prior issue, "I'm not opposed to beautifying the urban landscape." I'm not necessarily opposed to murals. I am opposed to continuing criminal operations by sophisticated businessmen, not making a few thousand dollars a month, Commissioner Regalado, tens of thousands of dollars per mural with impunity, and don't let the mural proponents tell you it's all about jazzing up downtown. The mural -- the iPod mural is the same as the billboard mural, is the same as the bus shelter mural. It's all about the commercial message, the commercial icon, and the commercial appearance. Some murals have come down. I'm going to be very clear on the record I give the City some credit, even in its weak-kneed enforcement of the law, which it's been tasked with doing rigorously and no zero tolerance, which it has failed to do since '85. Some murals have come down, Commissioner. You haven't seen any come down? Quite a number have come down, but many more exist to this day, and they're all over the place, and they're four, five, six times the size of the billboard, even the Miami Herald They've got so much room on the side of their building, they can put two of these murals up. There's one photograph that I'd like to be passed around the dais because these murals -- Vice Chairman Winton: Excuse me a second 1 need to see if 1 understand. That's a Miami Herald advertisement that's a mural on a building that's illegal? I haven't seen any writings in the Miami Herald about their own illegal advertising. Mr. Melton: There are two of them. The ones up there now -- Ms. Thompson: I'm sorry. I'm -- Mr. Melton: The murals up there now are "Make it Miami" and recently "The Film Festival," but here's the point, Commissioner. These mural companies have been able to act with such impunity in this City of Miami because of the lousy and nonexistent enforcement -- Ms. Thompson: I'm sorry, Mr. Melton. You're going to need to use the mike or either handheld because I'm losing you on my recordings. Mr. Melton: No problem. City of Miami Page 66 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Thompson: Thank you. Mr. Melton: The photo that I want you to see up close -- these mural companies, these criminal elements of the mural industry have now infiltrated our neighborhoods. Imagine being the poor homeowner that looks at those tattooed torsos each and every time he steps out of his home off 27th Avenue, but this is the measure of the impunity that these criminal elements are operating, so Commissioners, Commissioners, the issue before you today is as simple as it is stark. Are you going to go to bat for the criminal element of the mural industry that flouts the law by going to the County and using your goodwill to ask them to make what is illegal legal? That's the proposition before you. Or are you going to reject this proposition, protect our neighborhoods, and get the illegal murals down completely before anybody contemplates making illegal behavior permissible? It's really that simple, and I've been racking my brain -- Madam Clerk if you would pass out those documents, please? I've been racking my brain trying to figure out why, as a matter of good public policy in the City, you would want to go to bat for criminals. It just doesn't make any sense, except I'm -- I may actually have stumbled over it recently. Nine of these buildings where the criminal element of the mural industry operate at enormous profit, nine of them are in really outstanding locations, and it would appear from the paperwork that I have -- now ask the Clerk to pass out -- that nine of these building owners last year reached the obvious conclusion: They're criminals. They're guilty, and in the enforcement hearings, they so pleaded guilty, but in consideration for their guilty pleas, it would appear from the paperwork that these nine locations agreed to pay the City two hundred and fifty bucks a day. That's $7, 500 a month. That's $67,500 from all of these locations if the City would allow them to keep their illegal murals up. Chairman Gonzalez: We lost quorum, I believe. We lost quorum. Mr. Melton: Well, I'll happily wait. Vice Chairman Winton: Wow. Mr. Melton: The conclusion I draw from these stipulated agreements for these nine properties with the City is -- Mr. Fernandez: Without -- there's no meeting that's taking place. Mr. Melton: We have three Commissioners. Chairman Gonzalez: Yeah, we have three Commissioners. Commissioner Spence -Jones: Sorry. Mr. Melton: The inescapable conclusion that I've reached, based on the paperwork, is by sharing the profits from these criminal murals that the City, in essence, has become business partners -- there's that phrase again, business partners -- with the criminal element of the mural industry, these nine locations, and it's a lot of money; nine times seventy-five hundred bucks each and every month, so the talk of zero tolerance and enforcement really rings hollow, at least with me, because far from zero tolerance, there are many murals beyond these nine, but the City is profiteering from at least these nine, maybe more; I'm unaware, so I just want to return to the simple issue that's before you today, Commissioners. Are you going to be with the criminals, go to bat with them down at the County -- which is your prerogative? It's your right, if you want to do it -- or remember the tattooed guys in that neighborhood? Are you going to protect the neighbors and crack down on the criminals first? Thank you for your consideration. Chairman Gonzalez: Thank you. City of Miami Page 67 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Fernandez: Yeah. For the record -- and I've patiently waited for the speaker to finish his presentation. I stopped counting at 20, the number of references to "criminal," the number of times that the speaker used the word criminal. The implications of that is very serious for this Commission, and I think this Commission needs to, after I fully advise you, that there is absolutely no basis in fact for criminal. Fernandez -Rundle is the state attorney. If this speaker feels so strongly that these entities, these corporations, these individuals are criminal, both the U.S. (United States) Prosecutor and the state attorney should be given all that information so that they get properly prosecuted in a court of law as criminals. The implication of criminals and the implication that you're a favorable vote on this Commission today in favor of this item would make you cohorts, coconspirators, profiteering, impunity, all very carefully crafted and chosen words, cast aspersions on this Commission and on the legitimacy of the decision that's in front of you. I'm not trying to sway your vote one way or another. You may vote this item up or this item down, but what cannot go uncorrected is the speaker's impunity with regard to associating you with criminal elements and making you, in essence, coconspirators and everything else that he says; I don't need to repeat. The criminality of these individuals that he's alleging to -- and by the way, there are attorneys in the audience who represent these criminals - - is something that this Commission should take -- you know, seriously take objection to. Mr. Melton: I agree; take it really seriously, please. Chairman Gonzalez: All right. Mr. Fernandez: But with the speaker. Chairman Gonzalez: All right. We need to hear from the Commission. Vice Chairman Winton: Mr. Chairman. Judy Sandoval: Hello, hello, you got the public. Commissioner Sanchez: Come on. Chairman Gonzalez: Well, let's move on, if you're going to speak on the item, please. Commissioner Sanchez: Let's go. Mr. Fernandez: Again, this is, per se, not a public hearing. If it is the Commission's desire to open it up for any member of the public to speak; otherwise, this is not an item in which the public, as a matter of course, is entitled to speak on. It's certainly the choice -- Vice Chairman Winton: Y'all going to be brief? Mr. Fernandez: -- of the Commission to consider that. Commissioner Sanchez: You're going to -- brief Vice Chairman Winton: Y'all going to be brief? Ms. Sandoval: Oh, yes. City of Miami Page 68 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Sanchez: OK. Ms. Sandoval: Yes, yes. Judy Sandoval, 2536 Southwest 25th Terrace, and Mr. Fernandez, I promise not to use the word "criminal" I'm going to mention something which could be even more serious. Allowing murals anywhere in this City, whether it's an exception to a rule, whether it's today, tomorrow, or yesterday is aesthetically unacceptable. I came before you once to argue about the color of the docks at Dinner Key, which were going to be this terrible yellow, and pointed out to you that if we're going to have a first-class, handsome, world -class city, that we can't be doing tacky things like this, allowing it anywhere, and to make this exception, to me, in a very important place that everybody would see stuff like that seems to be very counterproductive. Thank you. Chairman Gonzalez: All right. Thank you. Commissioner Sanchez: Nina. Chairman Gonzalez: Yes, ma'am. Nina West: Yes. I have very little to add, except that we might call these people -- Ms. Thompson: Your name for the record, please. Ms. West: Nina West, 3690 Avocado Avenue, Coconut Grove. We might call these people civil offenders. They are civil offenders, but they offend civility. They offend us all, and just because they are not criminals doesn't mean they are an absolute offense to all of the community of the City of Miami. Thank you. Chairman Gonzalez: Thank you. Commissioner Sanchez: All right. Chairman Gonzalez: All right. This -- Vice Chairman Winton: I've been clear on this all along, and I think -- and I've talked to Alicia about this and clearly didn't understand the derence between what Alicia is proposing and some of the other comments that I just heard. I'll tell -- and I've put it on the record before. I said, you know, I don't know that I'm opposed to, in some fashion or another, having these things in some parts of downtown, but I also put on the record some time ago that I was so mad at the mural companies for these illegal murals up all over downtown and now spreading into our neighborhoods that I wanted to do anything and everything we could, including shutting down the buildings, if you all remember. I asked the City Attorney to look into whether or not we could pull the Certificate of Occupancy for an office building if they continued to violate this, and I heard the arguments pro and con, and frankly, I think the right answer is for us to not move this ordinance forward or resolution, or whatever this thing is, but to in fact enforce completely our existing ordinances and force all the mural companies to take their damn murals down off of our buildings until such time as we design a plan, and when we design a plan, they can put them back up, and for us to be profiting from their illegal -- Commissioner Spence -Jones: Violations. Vice Chairman Winton: -- behavior, not criminal, illegal behavior -- for us to be profiting and them to be profiting from illegal behavior makes no sense to me, so I'm not going to support this move. I'm going to support a move where we use all of our enforcement powers to get all the murals down -- City of Miami Page 69 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: OK. Vice Chairman Winton: -- and then we can draft a new ordinance to -- Chairman Gonzalez: Why don't we -- Vice Chairman Winton: -- allow what we want. Chairman Gonzalez.: -- vote on this resolution, either up or down -- Vice Chairman Winton: Oh, so -- Chairman Gonzalez: -- and then propose -- make a motion on your -- Vice Chairman Winton: My motion is to -- Commissioner Spence -Jones: I have a -- I just have a question before we -- if you don't mind? Vice Chairman Winton: My motion is to reject this -- is this an ordinance? Mr. Fernandez: No. Chairman Gonzalez: It's a resolution. Mr. Fernandez: This is a resolution, but let me clam an issue. If you reject this, it would make absolutely no sense for you then to instruct us to draft an ordinance because our ordinance would not be enforceable absent the permission from the County -- Commissioner Spence -Jones: County. Mr. Fernandez: -- to do it, and so -- Vice Chairman Winton: OK. Try that on me again. Mr. Fernandez: OK. This is the vehicle by which you go to the County and say, "County, can we have a special district and a special exception, if you will, within that small district for us to have our own ordinance controlling and regulating murals?" Vice Chairman Winton: OK. Mr. Fernandez: If they -- if the County says, yes, then we will come back and finish drafting the ordinance that we have been working on, which is the ordinance that you just made reference to, and at that point in time, we would, in this very limited area, be able to allow some murals that meet very stringent criteria and then none in the rest of the City. Vice Chairman Winton: OK, I understand Let me ask you a different question then. We see here that we've actually done a settlement with some buildings where we're helping profit in what's -- Mr. Fernandez: Correct. Vice Chairman Winton: -- currently an illegal activity. Mr. Fernandez: Exactly. City of Miami Page 70 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Vice Chairman Winton: Do we then need to pass a resolution directing the City Attorney's office or the Manager to no longer enter into any such agreement with these people, but to in fact enforce the full letter of the law and to accept none of these kind of agreements, that the only agreement we're interested in is them taking their murals down? Mr. Fernandez: Yeah. This is now under the jurisdictions of the special master. As the previous speaker -- one of the previous speakers made reference to -- Vice Chairman Winton: Dusty. Mr. Fernandez: -- Code Enforcement cited. It went infront of Code Enforcement. They were adjudicated in being in violation of the ordinance, and then there was an agreement entered, which accurately -- portion of that is accurately reflected here -- and pursuant to this agreement, the City is deriving some economic benefit, and the City's suffering them to be there; still under certain criteria. If the City Commission is now -- and this was brought to the City Commission, by the way, and the City Commission approved, in essence, this. We would need -- you would need to instruct us to set aside this agreement and pursue -- continue to pursue strict enforcement in front of the Code Enforcement Officer -- infront of the special master through the Code Enforcement process. Commissioner Sanchez: But aren't they doing that already? Mr. Fernandez: No. That is being held in abeyance. That whole process was already had, and pending the passage of an ordinance regulating the industry in this district, we decided to hold things as status quo, allow the few signs that were up as long as they pay the penalty, pending the passing of this ordinance. This was so anticipated to take less than six, eight months. It's been almost a year now. If you can look, this agreement was entered into -- we don't have the exact time here, but it's been a while since it's been entered into. Commissioner Sanchez: This is like a bad cold that won't go away. Lucia Dougherty: Mr. -- Vice Chairman Winton: Yeah. Ms. Dougherty: Mr. Chairman, if I could just -- Vice Chairman Winton: I don't think the public hearing's open, is it? Mr. Fernandez: Well, you have -- Chairman Gonzalez: No. Mr. Fernandez: -- allowed three other speakers -- Vice Chairman Winton: Oh. Mr. Fernandez: -- without a public hearing to speak, and so it's -- Ms. Dougherty: I just want to give you a little bit of history. The reason we entered -- Ms. Thompson: I'm sorry. Ms. Dougherty: 1 represented -- sorry. Lucia Dougherty, with offices at 1221 Brickell Avenue. I represented one of the people who had murals in the City, and the reason that we pled guilty -- City of Miami Page 71 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 we didn't dispute that we were illegal, but you had already passed an ordinance on first reading at the time that would permit these murals in the downtown area as a pilot program -- Vice Chairman Winton: That's right. Ms. Dougherty: -- so that's the reason the special master, the City Attorney, and we entered into this somewhat -- what we would call a "consent decree" until you had a chance to decide how you want to handle these particular signs in your downtown inner cities. Now, that doesn't mean that other people who are outside of this area shouldn't be prosecuted, but I think that it's only fair to allow you to make a decision -- and you can't do it unless you pass this resolution -- and ask the County to let you have a pilot program in a sense in downtown, so at the time that we entered into this consent decree, you had already passed on first reading an ordinance that would permit them, so that's why we thought that, you know, letting us have another six months for you to decide the kinds of signs that you want and then we would all come into compliance at that time made sense at that particular time. We didn't realize and we -- nor did we want it to go on for a whole year, and we are spending a lot of money in fines. Twenty-five thousand dollars a month my client is paying a month during this period of time. Vice Chairman Winton: Where's that ordinance? We can't pass -- Chairman Gonzalez: All right. The public hearing is closed. It's closed You already spoke, the lady spoke, everyone -- I gave everyone a chance to speak. It's back to the Commission. The Commissioner had a motion and -- Commissioner Sanchez: I'm not -- Chairman Gonzalez: Wait a minute. Let's fin -- let's let Commissioner Winton finish, then you will all have a chance to speak, then we will vote and come to a final decision on this item. Vice Chairman Winton: Where's the second reading of that ordinance? It's not -- we're not allowed to pass it because of the issue with the County? Mr. Fernandez: Correct. Ms. Cuervo Schreiber: Correct. Commissioner, regardless of this failing or passing today, the ordinance citywide is still being amended to allow us to either remove murals ourselves and lien or bill. That's still being worked on, just for clarification, citywide. Vice Chairman Winton: OK. I'm interested -- Commissioner Sanchez: I'm prepared -- Chairman Gonzalez: Right. Vice Chairman Winton: -- in your comments. Commissioner Sanchez: Well -- Vice Chairman Winton: Commissioner Sanchez. Chairman Gonzalez: OK, Joe. Commissioner Sanchez: I'm prepared to support this. This has been back and forth. You're basically taking a certain area of the community, where you're going to regulate them; they're going to be there, and they got to do away with all the other billboards that are all over the City of Miami Page 72 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 place. Now, 1 do agree with you that we need to focus on enforcing that anything outside of that area is removed, but this -- I think this is a good compromise, and at the end of the day, it all boils down with the County, whether the County approves it or not. Vice Chairman Winton: Well, what if the County doesn't approve it -- Mr. Fernandez: Well, then at that point -- Vice Chairman Winton: Then where are we? Mr. Fernandez.: -- we will proceed with that ordinance, which in essence, will mirror the County's zero tolerance, and we will dismantle and take away and take down all the murals in the entire City because the County ordinance applies in the City, and the County says no murals. Vice Chairman Winton: Oh, that's good then. Commissioner Sanchez: (UNINTELLIGIBLE) all down. Vice Chairman Winton: Yeah. Chairman Gonzalez: Commissioner -- Mr. Fernandez: Well -- Commissioner Gonzalez: -- Spence -Jones. Commissioner Spence -Jones: My comment was exactly your comment -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- you know. Really, ultimately, it doesn't lie with us anyway. The County has to make the decision -- Mr. Fernandez.: Correct. Commissioner Spence -Jones: -- as to whether or not they're going to even accept this -- Mr. Fernandez: Correct. Commissioner Spence -Jones: -- but at least we're moving in a direction of doing something, and Vice Chairman Winton: And can -- Commissioner Spence -Jones: -- that's really my point, and a lot of times these murals are used to advertise events and activities that are being held within our communities, so sometimes I think these murals are important. I mean, Art Basel's a huge event that comes, you know, to Miami. It brings millions to the area. The of -- I'm not sure what the other event is. I think it's NASCAR (National Association for Stock Car Auto Racing). I mean -- so I just think that before we say no to something, we really, really need to, you know, think about the decision we're making. I mean, ultimately, the decision does not lie within us, but we have to make a decision one way or the other. Vice Chairman Winton: But my view has been about these murals, is that -- and again, like I said right from the beginning, I'm not necessarily anti -mural. I'm just ticked off that they've City of Miami Page 73 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 abused us to no end, and downtown has been the principal recipient of the abuse. I mean, it's disgusting. You drive along 395, you drive along Biscayne Boulevard, you can drive along anywhere. You can sit in my office and look at the building right across the street with their ugly mural up there, so -- but I think this thing does do the right steps -- Commissioner Sanchez: Yes. Vice Chairman Winton: -- but you know what I want to make sure of? That we don't allow this to get lost in the County; that we get a very quick reading and response from the County so that we can take the appropriate action, because I am radically opposed to any further settlements with people. I'm radically opposed to the proliferation that's going on. Either we have a small controlled area for a pilot program to see if we like it or don't like it that has a finite life to it or we get rid of all of them. Commissioner Spence -Jones: Yeah, and then my only -- I'm just adding on to you, Commissioner Winton, and again, this is the first time that I've actually seen this before, even during my briefings, this period. I've never seen this document at all, so my concern would be -- you know, I'm not really sure how these particular people were the only ones placed on the list. I mean, Dan Weiss, Lucia -- I mean, is this because these are the only people that have murals? Ms. Cuervo Schreiber: Those are the ones that went before the special master. Mr. Fernandez: Those were the ones who were prosecuted, plead guilty, and are paying a fine. Ms. Cuervo Schreiber: And, Commissioner, this would allow -- if the County Commission votes yes to allow us a special exception, it then allow -- as they did on the US 1 busway, as they've done at the airport, it then allows the City of Miami to put strict administration policies in place, separate and apart from the County, stricter than the County's requirements as it relates to three hundred -- not close to residential X, Y, and Z, spacing from them, not on a perpendicular building, et cetera. Vice Chairman Winton: So do we have a motion on the table? Commissioner Sanchez: No. Vice Chairman Winton: I'll move to -- what item is this? Commissioner Sanchez: Well, he introduced a motion -- Mr. Fernandez: RE.4. Commissioner Sanchez: -- and didn't get a second -- Chairman Gonzalez: Right. Commissioner Sanchez: -- so it's dead Vice Chairman Winton: Right. Chairman Gonzalez: It's RE 4. Vice Chairman Winton: There was no second. Commissioner Sanchez: Right -- City of Miami Page 74 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: RE.4. Commissioner Sanchez: -- so would you like to make a motion? Vice Chairman Winton: Yes. I'll make a motion to move this item and with the added instruction that stonework diligently to get a quick turnaround from the County -- Commissioner Sanchez: Second. Vice Chairman Winton: -- so we can make the decision one way or another. Mr. Fernandez: Exactly. Commissioner Sanchez: Second. Chairman Gonzalez: All right, we have a motion and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez.: Motion carries. DI.1 -- Commissioner Sanchez: Deferred. Chairman Gonzalez: -- has been deferred right? Commissioner Sanchez: Yes. Chairman Gonzalez: OK, so this concludes the regular agenda. Ms. Thompson: If I could just ask You made some comments regarding PZ (planning & zoning) sections this morning. Are you going to -- ? Chairman Gonzalez: No. We're going to -- Mr. Fernandez: We'll revisit those comments -- Chairman Gonzalez: Yeah. We'll -- Mr. Fernandez: -- at -- Chairman Gonzalez: -- come back at 2:30. Ms. Thompson: OK, thank you. Chairman Gonzalez: Yes. City of Miami Page 75 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 DI.1 06-00227 Office of Strategic Planning, Budgeting, and Performance DISCUSSION ITEM DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - HISTORICAL AND ENVIRONMENTAL PRESERVATION BOARD - HEALTH FACILITIES ADVISORY BOARD -MIAMI SPORTS AND EXHIBITION AUTHORITY -WATERFRONT ADVISORY BOARD -COMMUNITY RELATIONS BOARD 06-00227 Cover Memo.pdf 06-00227 Memo.pdf 06-00227 Memo 2.pdf 06-00227 Memo 3.pdf 06-00227 Board Report 1.pdf 06-00227 Board Report 2.pdf 06-00227 Board Report 3.pdf 06-00227 Board Report 4.pdf DEFERRED City of Miami Page 76 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 PART B Chairman Gonzalez: We will now begin the meeting, and the City Attorney will state the procedures to be followed during this portion of the meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman, Commissioners, members of the public. P&Z (Planning & Zoning) items shall proceed as follows: Before the P&Z agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe the request, whether an appeal, a special exception, a vacation, text amendment, zoning change, land use change, a MUSP (Major Use Special Permit), or other type of request, and will present its recommendation, so staff goes first. Then the appellant or the petitioner, as the case may be, will make its presentation. Immediately after that presentation by the appellant or the petitioner, the appellee, or general members of the public, if it's a regular petition, will present their position or give their testimony. Members of the public will be permitted to speak on certain petitions, and the petitioner, as well as anyone else, may ask questions of any presenter, as long as they go through the Chair. Most of these items are quasi-judicial. When we get to Item 31 and 32, you would notice that they have a twist to it, which is quasi-judicial, but with an appellate role for the City Commission to play, and we will explain that when we get to those. All questions that need to be asked will be made through the Chair, and the Chair will direct the appropriate person to respond. At the end of the public input that belongs actually to either the appellant or the petitioner to make final arguments or rebuttal, as the case may be, then the Chairman closes the public input portion of the hearing; brings it to the Commission. The Commission debates it, asks questions, and then calls for a vote, and that concludes the matter. Chairman Gonzalez: Thank you, Mr. City Attorney. All of those that are going to testify during this meeting needs to be sworn in, please, Madam Clerk. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Priscilla A. Thompson (City Clerk): Thank you. PZ.1 05-01524a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3760 BIRD ROAD, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01524a Legislation.pdf 05-01524 & 05-01524a Exhibit A.pdf 05-01524a Analysis.pdf 05-01524a Land Use Map.pdf 05-01524, 05-01524a & 05-01524b Aerial Map.pdf 05-01524a School Impact Review Analysis.pdf 05-01524a PAB Reso.pdf 05-01524a Application & Supporting Docs.pdf 05-01524a FR Fact Sheet.pdf 05-01524a SR Fact Sheet.pdf City of Miami Page 77 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 REQUEST: To Amend Ordinance No. 10544, from "General Commercial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3760 Bird Road APPLICANT(S): Bird Ventures LLC, Owner and H&H Development, Co, Contract Purchaser APPLICANT(S) AGENT: Javier F. Avino, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 18, 2006 by a vote of 6-1. See companion File IDs 05-01524 and 05-01524b. PURPOSE: This will change the above property to Restricted Commercial for the proposed Bird Road Major Use Special Permit. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado 12783 Chairman Gonzalez: All right. PZ 1. Good afternoon. Lourdes Slazyk: Good afternoon. For the record, Lourdes Slazyk, Planning Department. PZs (Planning & Zoning) 1, 2, and 3 are companion items for the Major Use Special Permit. PZ 1 is a request for a future land use change for the property at 3760 Bird Road. The request is from general commercial to restricted commercial. This had been recommended for denial by the Planning Department, approval by the Planning Advisory Board, and was passed by the City Commission on first reading on February 23. PZ2, which is the companion zoning change, is a request from C-2 liberal commercial to C-1 restricted commercial. Again, recommended for denial by the Planning Department and approval by the Zoning Board; also granted by this Commission on first reading February 23. PZ.3 is the actual Major Use Special Permit for this project. The project is called the Bird Road project. It's located again at 3760 Bird Road. This is in order to approve a 17-story high mixed -use structure. It will contain approximately 254 residential units, recreational amenities, 67,800 square feet of office space, 19,600 square feet of retail space, and approximately 631 parking spaces. The recommendation from the Planning Advisory Board has been for approval with conditions to the City Commission, and the Planning Department would like to add one additional condition to this Major Use Special Permit. The -- PZ 1 and 2, which is the land use and zoning change, our concern with -- the reason we had recommended denial was a concern over giving a zoning and land use change to a piece of property with a MUSP (Major Use Special Permit), and what happens if the MUSP is abandoned or expires and that zoning change remains, so we've come up with a way, through the Major Use Special Permit, to add an additional condition which should alleviate those concerns, so I would like to add a condition to the MUSP that says that the applicant shall record a covenant within 60 days of the effective date of this resolution, which states that in the event this MUSP expires or is abandoned, any future development of the property shall require design review and approval by the Planning director, utilizing the same criteria as the original Major Use Special Permit. I have talked to the applicant about it, and 1 believe they're fine with City of Miami Page 78 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 that, and with that, our objections on the land use and zoning change are alleviated, so -- Commissioner Sanchez: All right. Chairman Gonzalez: All right. Ms. Slazyk: -- that being said -- Chairman Gonzalez: Let me ask you, is there anybody in opposition of this project or this item? All right. Lucia. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant. We made a full presentation to you at our last meeting. I don't think that we need to do so again today. I've showed you the rendering. I think that this is in Commissioner Sanchez's district, who indicated this is exactly the kind of development he would like in this area, and we do agree with the staffs condition. Commissioner Sanchez: This is -- Chairman Gonzalez. All right. Commissioner Sanchez: -- PZ 1? Chairman Gonzalez: This is a public -- Ms. Slazyk: One, two, and three. Chairman Gonzalez: -- hearing. Commissioner Sanchez.' It's not in my district. Unidentified Speaker: It's Regalado's. Chairman Gonzalez: No. Ms. Dougherty: Well, never mind. Chairman Gonzalez: This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. All right. Seeing none, hearing none, the public hearing is closed. I need a motion and -- Commissioner Sanchez: So move, PZ 1 Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. We have a motion and we have a second. Mr. City Attorney, it's an ordinance. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman. This is on second and final reading. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. City of Miami Page 79 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Priscilla A. Thompson (City Clerk): Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: As amended, yes. Ms. Thompson: Am I -- ? Ms. Slazyk: No. The amendment actually is going to be on PZ.3. Commissioner Sanchez: Oh. Ms. Thompson: Thank you. Commissioner Sanchez: I'm sorry. Ms. Slazyk: One and two is approval as is. Commissioner Sanchez: All right. Ms. Thompson: Thank you. Commissioner Sanchez: As is. Ms. Thompson: OK, all right. Then -- I'm sorry. Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. PZ.2 05-01524 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 47, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3760 BIRD ROAD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01524 Legislation.pdf 05-01524 & 05-01524a Exhibit A.pdf 05-01524 Analysis.pdf 05-01524 & 05-01524b Zoning Map.pdf 05-01524, 05-01524a & 05-01524b Aerial Map.pdf 05-01524 ZB Reso.pdf 05-01524 Application & Supporting Docs.pdf 05-01524 FR Fact Sheet.pdf 05-01524 SR Fact Sheet.pdf City of Miami Page 80 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 REQUEST: To Amend Ordinance No. 11000, from C-2 Liberal Commercial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3760 Bird Road APPLICANT(S): Bird Ventures LLC, Owner and H&H Development, Co, Contract Purchaser APPLICANT(S) AGENT: Javier F. Avino, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended of approval to City Commission on December 12, 2005 by a vote of 7-0. See companion File Ds 05-01524a and 05-01524b. PURPOSE: This will change the above property to C-1 Restricted Commercial for the proposed Bird Road Major Use Special Permit. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado 12784 Note for the Record: Please refer to Item PZ.1 for minutes referencing Item PZ2. Chairman Gonzalez: PZ.2 is also an ordinance. Anyone from the public that wishes to address PZ 2, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): On second reading. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez.: Roll call, please. 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, 3/0. PZ.3 05-01524b RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." City of Miami Page 81 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 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 THE BIRD ROAD PROJECT, TO BE LOCATED AT APPROXIMATELY 3760 BIRD ROAD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 197-FOOT, 17-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 254 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 67,800 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 19,600 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 631 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. 05-01524b Outside Cover.PDF 05-01524b Inside Cover with Photos.PDF 05-01524b Table of Contents.PDF 05-01524b Article I - Project Information.PDF 05-01524b Letter of Intent.PDF 05-01524b Major Use Special Permit Application.PDF 05-01524b Zoning Write-Up.PDF 05-01524b Zoning Atlas.PDF 05-01524b Project Data Sheet.PDF 05-01524b Deed -Computer Printout.PDF 05-01524b Ownership List.PDF 05-01524b State of Florida Documents.PDF 05-01524b Owner Authorization Letter.PDF 05-01524b Directory of Project Principals.PDF 05-01524b Article 11 - Project Description.PDF 05-01524b Article III - Supporting Documents.PDF 05-01524b Minority Construction Employment Plan.PDF 05-01524b Traffic Impact Analysis.PDF 05-01524b Site Utility Study.PDF 05-01524b Economic Impact Analysis.PDF 05-01524b Survey of Property.PDF 05-01524b Drawings Submitted.PDF 05-01524b Legislation.pdf 05-01524b Exhibit A.pdf 05-01524b Exhibit B.pdf 05-01524b MUSP Analysis.pdf 05-01524 & 05-01524b Zoning Map.pdf 05-01524, 05-01524a & 05-01524b Aerial Map.pdf 05-01524b Pre -Application Design Review Comments.pdf 05-01524b Variances Fact Sheet.pdf 05-01524b Variances Analysis.pdf 05-01524b ZB Reso.pdf 05-01524b School Impact Review Analysis.pdf 05-01524b PAB Reso.pdf 05-01524b MUSP Fact Sheet.pdf City of Miami Page 82 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 REQUEST: Major Use Special Permit for the Bird Road Project LOCATION: Approximately 3760 Bird Road APPLICANT(S): Bird Ventures LLC, Owner and H&H Development, Co, Contract Purchaser APPLICANT(S) AGENT: Javier F. Avino, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on January 18, 2006 by a vote of 7-0. ZONING BOARD: Recommended approval of Variances to City commission on December 12, 2005 by a vote of 8-0. See companion File IDs 05-01524 and 05-01524a. *See supporting documentation. PURPOSE: This will allow the development of the Bird Road project. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado R-06-0188 Note for the Record: Please refer to Item PZ 1 for minutes referencing Item PZ. 3. Chairman Gonzalez: PZ 3 is a resolution. Anyone from the public that wishes to address the Commission, please come forward. No one. The public hearing is closed; comes back to the Commission. Commissioner Sanchez: So move, as amended. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Sanchez: That's a yes -- Lucia Dougherty: Thank you very much. Commissioner Sanchez: -- Madam Clerk. Priscilla A. Thompson (City Clerk): Yes. PZ.4 06-00143a ORDINANCE Second Reading City of Miami Page 83 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 ATTACHMENT(S), AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 2.0, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 45 SOUTHWEST 8TH AVENUE, 715, 717, 727 AND 735 SOUTHWEST 1ST STREET, AND 702 AND 720 WEST FLAGLER STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00143a Legislation.pdf 06-00143a Exhibit A.pdf 06-00143a Analysis.pdf 06-00143 & 06-00143a Zoning Map.pdf 06-00143 & 06-00143a Aerial Map.pdf 06-00143a ZB Reso.pdf 06-00143a Application & Supporting Docs.pdf 06-00143a FR Fact Sheet.pdf 06-00143a SR Fact Sheet 03-23-06.pdf REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 2.0, to Change the Zoning Atlas LOCATION: Approximately 45 SW 8th Avenue, 715, 717, 727 and 735 SW 1st Street, and 702 and 720 W Flagler Street APPLICANT(S): Little Havana Associates, LLC, Contract Purchaser and Amefra Corporation and New Rabar Corporation, Owner APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 23, 2006 by a vote of 5-3. See companion File ID 06-00143. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 2.0 for the proposed Intown Village Major Use Special Permit. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Items PZ. 4 and PZ. 5 to the Commission meeting currently scheduled for April 27, 2006, after 10 a.m. Lourdes Slazyk (Assistant Director, Planning & Zoning): Mr. Chairman, we have several items that are going to be -- I think there's going to be a couple requests for continuances. Maybe we could -- City of Miami Page 84 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: OK. Ms. Slazyk: -- do those so those people can leave. Commissioner Sanchez: Let's get them out of the way. Ms. Slazyk: Yeah, get them out of the way. Chairman Gonzalez: All right. Ms. Slazyk: All right. I believe PZs (Planning & Zoning) 4 and 5 need to be continued, and I believe there's also going to be a request for 17 and 18 to be continued. Chairman Gonzalez: All right. Javier Avino: For the record, Javier Avin'o, with law offices at 1221 Brickell Avenue, here on behalf of the applicant. We are requesting a continuance. We need to go back to Zoning Board, and we are requesting that it be before you, so that there's no further delay, on April 27, next month's agenda. Commissioner Sanchez: Grant -- so move. Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Spence -Jones: Second. Ms. Thompson: I want to make sure. You're representing -- or you're -- Jorge L. Fernandez (City Attorney): Four and five. Ms. Thompson: -- speaking on which items, please? Mr. Avin"o: PZ4 and PZ. 5. Ms. Thompson: Thank you. Mr. Fernandez: Four and five. Chairman Gonzalez.: And also, 17 and 18, right? Ms. Thompson: No. Ms. Slazyk: Yeah. 1 think Lucia is going to do those next. Chairman Gonzalez: OK. Commissioner Sanchez: All right. Chairman Gonzalez: All right. PZ4 -- I'm sorry. PZ4 actually -- Commissioner Sanchez: Do we need a motion? Chairman Gonzalez: -- has been continued. PZ 5. City of Miami Page 85 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Fernandez: Continued also. Chairman Gonzalez: Pardon me? Ms. Thompson: I have a -- the mover of the motion being Commissioner Sanchez. Commissioner Sanchez: Need a second to defer -- yeah. Ms. Thompson: Yes. Commissioner Spence -Jones: Second. Chairman Gonzalez.: OK. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Motion -- Ms. Thompson: Thank you. Chairman Gonzalez: -- carries. Mr. Fernandez: And then again, it is to the regular agenda of April -- Mr. Aviii6: Twenty-seven. Ms. Thompson: Twenty-seven. Ms. Slazyk: The PZ agenda -- Mr. Fernandez: The PZ agenda of April -- Ms. Slazyk: -- of April 27, after 10 a.m. Mr. Fernandez: Correct. Chairman Gonzalez: OK. Ms. Slazyk: OK, then I -- PZ.5 06-00143 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 THE INTOWN VILLAGE PROJECT, TO BE LOCATED AT APPROXIMATELY 45 SOUTHWEST EIGHTH AVENUE, 715, 717, 727 AND 735 SOUTHWEST 1ST STREET, AND 702 AND 720 WEST FLAGLER STREET, MIAMI, FLORIDA, TO CONSTRUCT TWO APPROXIMATE 202-FOOT, 19-STORY HIGH MIXED -USE STRUCTURES TO BE COMPRISED OF APPROXIMATELY 395 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 33,000 SQUARE FEET OF RETAIL SPACE AND 34,000 SQUARE FEET OF ADDITIONAL ACCESSORY COMMERCIAL USES; AND APPROXIMATELY 660 TOTAL PARKING SPACES; PROVIDING FOR City of Miami Page 86 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 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. 06-00143 Outside Cover.PDF 06-00143 Inside Cover.PDF 06-00143 Table of Contents.PDF 06-00143 Article I - Project Information.PDF 06-00143 Letter of Intent.PDF 06-00143 Major Use Special Permit Application.PDF 06-00143 Zoning Write-Up.PDF 06-00143 Zoning Atlas.PDF 06-00143 Project Data Sheet.PDF 06-00143 Deeds.PDF 06-00143 Ownership List.PDF 06-00143 State of Florida Documents.PDF 06-00143 Owner Authorization Letter.PDF 06-00143 Directory of Project Principals.PDF 06-00143 Article II - Project Description.PDF 06-00143 Article III - Supprting Documents.PDF 06-00143 Minority Construction Employment Plan.PDF 06-00143 Traffic Impact Analysis.PDF 06-00143 Site Utility Study.PDF 06-00143 Economic Impact Study.PDF 06-00143 Survey of Property.PDF 06-00143 Drawings Submitted.PDF 06-00143 Legislation.pdf 06-00143 Exhibits A & B.pdf 06-00143 MUSP Analysis.pdf 06-00143 & 06-00143a Zoning Map.pdf 06-00143 & 06-00143a Aerial Map.pdf 06-00143 School Impact Review Analysis.pdf 06-00143 PAB Reso.pdf 06-00143 MUSP Fact Sheet 03-23-06.pdf REQUEST: Major Use Special Permit for the Intown Village Project LOCATION: Approximately 45 SW 8th Avenue, 715, 717, 727 and 735 SW 1st Street, and 702 and 720 W Flagler Street APPLICANT(S): Little Havana Associates, LLC, Contract Purchaser and Amefra Corporation and New Rabar Corporation, Owner APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 1, 2006 by a vote of 4-1. See companion File ID 06-00143a. *See supporting documentation. City of Miami Page 87 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 PURPOSE: This will allow the development of the Intown Village project. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Items PZ. 4 and PZ.5 to the Commission meeting currently scheduled for April 27, 2006, after 10 a.m. Note for the Record: Please refer to Item PZ.4 for minutes referencing Item PZ5. PZ.6 06-00207 RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 1490 BISCAYNE PROJECT, TO BE LOCATED AT APPROXIMATELY 1400 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE TWO -TOWER DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 619 FEET TO 657 FEET TO BE COMPRISED OF APPROXIMATELY 850 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 108,543 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 43,540 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,204 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 88 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 06-00207 Outside Cover.PDF 06-00207 Inside Cover.PDF 06-00207 Table of Contents.PDF 06-00207 Article I - Project Information.PDF 06-00207 Letter of Intent.PDF 06-00207 Major Use Special Permit Application.PDF 06-00207 Zoning Write-Up.PDF 06-00207 Zoning Atlas.PDF 06-00207 Project Data Sheet.PDF 06-00207 Deed-Computer.PDF 06-00207 Ownership List.PDF 06-00207 State of Florida Documents.PDF 06-00207 Directory of Project Principals.PDF 06-00207 Article II - Project Description.PDF 06-00207 Article III - Supporting Documents.PDF 06-00207 Minority Construction Employment Plan.PDF 06-00207 Traffic Impact Analysis.PDF 06-00207 Site Utility Study.PDF 06-00207 Economic Impact Study.PDF 06-00207 Survey of Property.PDF 06-00207 Drawings Submitted.PDF 06-00207 Legislation.pdf 06-00207 Exhibit A.pdf 06-00207 Exhibit B.pdf 06-00207 Exhibit C.pdf 06-00207 Analysis.pdf 06-00207 Zoning Map.pdf 06-00207 Aerial Map.pdf 06-00207 Miami -Dade Aviation Dept Comments.pdf 06-00207 Pre -Application Design Review Comments.pdf 06-00207 School Impact Review Analysis.pdf 06-00207 PAB Reso.pdf 06-00207 Fact Sheet.pdf 06-00207 Memo from Law Dept..pdf REQUEST: Major Use Special Permit for the 1490 Biscayne Project LOCATION: Approximately 1400 Biscayne Boulevard APPLICANT(S): Baypoint Office Tower, Inc., Owner and Biscayne Investment Corporation, Developer APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 1, 2006 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow the development of the 1490 Biscayne project. City of Miami Page 89 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado R-06-0189 Chairman Gonzalez: So, we go to PZ.6. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6. PZ.6 is a Major Use Special Permit. The project is the 1490 Biscayne project, located 1400 Biscayne -- 1400 to 1490 Biscayne Boulevard. The request is for a Major Use Special Permit in order to approve mixed -use two -tower development. It will contain approximately 850 total multifamily residential units, 43,540 square feet of retail space, and approximately 1,204 parking spaces. I just want to do one little clarification for the record. The resolution that's attached to this item also in the title includes an office component of a hundred -- over a hundred thousand square feet of office. That was incorrect. It was advertised properly without the office component, but the resolution still referenced it, so we need to strike that from that resolution. Also, this particular project, it was also recommended for approval with conditions by the Planning Advisory Board. As the project was going through its review phase, we received a letter from Miami -Dade County Aviation that said the proposed structure's height exceeded the Miami -Dade County Aviation height ordinance, so I would like to add an additional condition to this Major Use Special Permit that states that prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height by Miami -Dade County Aviation. If no such approvals are granted, the height of the proposed project shall be reduced to those heights referenced in the letter from Miami -Dade Aviation to the Planning Department, dated September 13, 2005, and just to put that in the record, the proposed project was 744 feet tall and the Dade County height ordinance allows anywhere between 650 and 663 on this site, so if the applicant is not able to obtain an approval from Miami -Dade Aviation through a variance for height, they will have to reduce their project to the height specified in this letter, and I did speak to the applicant about that, and they have agreed Other than that, we recommend approval with conditions in your package. Chairman Gonzalez: OK. This is a public hearing -- well, I'm sorry. Ms. Pardo. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I have a question for this Commission. It's pouring outside right now, and my architect isn't here with the exhibit boards. I can go forward and make the presentation. 1 can show you some of our exhibits. Mr. Bass is here with the Performing Arts Center, and we have had meetings. We don't have opposition. Jeffrey Bass: Yeah. I have no objection to the lack of boards, assuming that this Commission is comfortable with -- Priscilla A. Thompson (City Clerk): I'm sorry. Mr. Bass: -- it. Ms. Thompson: I need your name for the record, please. Mr. Bass: I'm so sorry. Jeffrey Bass, 46 Southwest 1st Street, on behalf of the Performing Arts Center. I don't need the boards for my presentation. Commissioner Sanchez: All right. I'm OK with it as long as the other members are OK. Chairman Gonzalez: Yeah. I'm all right. City of Miami Page 90 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Pardo: 1 would love to, and 1 know then (UNINTELLIGIBLE) when they get here, if you have any questions, then we could go back to it, and I'm going to ask somebody just to show you the drawings of it so that you can see what it looks like. Chairman Gonzalez.: There is no opposition to this item, right? Ms. Pardo: No. We have not had -- well, we have not had any opposition. We've had meetings with the Performing Arts Center, and we'll continue to have meetings with them. Chairman Gonzalez: OK. Ms. Pardo: We have had a recommen -- we have had recommendations of approval. We've been meeting with the internal Design Review Board, the Large-scale Development Committee. This particular project is located directly on Biscayne Boulevard between 14th and 15th Street, and we're just directly north of the Performing Arts Center. It's a beautiful building. The garage is lined with residential units all along Biscayne Boulevard, and it also fronts on three pedestrian pathways. We've included, besides the two residential towers which will have a total of 850 -- I'm sorry -- yeah, 850 units -- a total of 1,300 units are allowed, so they -- they're way below the allowed density on the particular project, and they're also way below the allowed square footage, and if you'd like, I'm just here to answer any additional questions that you may have. Commissioner Sanchez: Thank you. Chairman Gonzalez: All right. Commissioner Sanchez: OK. Chairman Gonzalez: This is a public hearing. Anyone from the public that wishes to address the Commission, come forward. Yes, sir. Good afternoon. Mr. Bass: Yes. Hi. Good afternoon, Mr. Chairman, members of the board. Once again, Jeffrey Bass, 46 Southwest 1st Street is my address. I'm a lawyer. I'm here representing the Performing Arts Center Foundation, the Performing Arts Center Trust. As you know, we have been and remain ever vigilant about the type of development that comes near us to ensure that the Performing Arts Center continues to be the catalyst that it will be and should be for culture in this area. Our participation in these types of proceedings is studied, (UNINTELLIGIBLE) measured It's no fun for us to come out and object. Based on our internal review and study, we do not object to this project as proposed at present by this developer. We reserve the right, if there are any changes, as there frequently are to MUSPs (Major Use Special Permits), to come back and object and challenge those changes. We would like to say that there has been a good faith dialog, as there always should be, between our principals and this principal, and as part of that dialog, this principal has offered to help us with our parking issues by allowing us to arrive at an arrangement wherein we could park cars in his garage, so that said, the system seems to be working the way that you, as visionaries, have engineered it to work and with that said, it's good to see you all again, and thank you for your time and attention. Chairman Gonzalez: Thank you. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yeah. I would like for the applicant to put on the record what Lourdes had made reference to with regard to the County's limitation on flight. Ms. Pardo: Yes. We will abide by whatever the requirements are with regards to FAA (Federal City of Miami Page 91 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Aviation Administration) and Dade County Aviation. Ms. Slazyk: Thank you. Ms. Pardo: We accept it. Mr. Fernandez: Very good. Commissioner Sanchez: Has it been stated on the record? Chairman Gonzalez: All right. Ms. Slazyk: Yes. Commissioner Sanchez: All right. So move. Commissioner Spence -Jones: Second. I just have a question -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- so should 1 ask the question first? Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: OK. Is this the building that's right across the street? Is this where the army building --1 mean, the retail -- the little retail shops are? I was trying to figure it off based -- it's just a question. Ms. Pardo: There's an existing building there now. It's about a -- it's a two-story building. I think there are rugs in it. Commissioner Spence -Jones: Oh, this -- Ms. Pardo: It might have been that rug store. Commissioner Spence -Jones: -- is on -- so it's on the -- Ms. Pardo: It's on the -- Commissioner Spence -Jones: -- west side of the street? Ms. Pardo: -- west side of Biscayne Boulevard. Commissioner Spence -Jones: OK. Won -- OK. Ms. Pardo: It's on the west side. Commissioner Spence -Jones: OK. Second. Mr. Bass: Mr. -- Chairman Gonzalez: OK, we -- Mr. Bass: I'm sorry. City of Miami Page 92 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: -- have a -- yes, sir. Mr. Bass: I'm sorry, Mr. Chairman. I just -- I'm sorry. I know this isn't real protocol, but I'd just like an acknowledgement from them on the record that they're going to continue to work with us in good faith to resolve our parking needs even after they get your approval today. That'd be helpful for us to ensure that this is going forward on a good faith basis. Chairman Gonzalez: Very good. Mr. City Attorney. Mr. Fernandez: No. It's a resolution. Chairman Gonzalez: Oh, it's a resolution? Mr. Fernandez: Yes. Chairman Gonzalez: OK. All in favor, say "aye." Commissioner Sanchez: But wait, wait. Are you going to put that on the record? Mr. Fernandez: Well -- Ms. Pardo: Yes. Mr. Fernandez: -- with regard to -- Chairman Gonzalez: You already did. Mr. Fernandez: -- putting on the record any more than has already been put in the record, in my opinion, it would be inappropriate. Any type of contractual agreement or understanding that the parties would have, particularly with parking and the like, it -- you know, that's very fine; we encourage that. However, this Commission, other than expressing a desire to get parties to coordinate and cooperate and that type of thing, we cannot -- or staff is not recommending that additional parking or any kind of parking be made available in this structure, particularly for the purposes of this building. Mr. Bass: Understood. We're not asking that it be a condition. We just want to hear on the record that they're going to continue to work -- not that it's going to be binding for the City to enforce, but we want to hear it from them that, in fact, they're going to continue in good faith. Commissioner Sanchez: I think it's in our best interest that they're good neighbors, period. Commissioner Spence -Jones: Yeah. Mr. Fernandez: Well -- Commissioner Sanchez: All right. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed -- Ms. Thompson: As modified? City of Miami Page 93 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: -- have the same right. Ms. Thompson: As modified? Commissioner Sanchez: As -- Ms. Slazyk: Yeah, that's modif -- Commissioner Sanchez: -- modified -- Ms. Thompson: Thank you. Commissioner Sanchez: -- Madam Clerk. PZ.7 06-00258 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 THE CHELSEA PROJECT, TO BE LOCATED AT APPROXIMATELY 1550 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 649-FOOT, 53-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 385 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 79,956 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 5,139 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 4,981 SQUARE FEET OF RESTAURANT SPACE; AND APPROXIMATELY 511 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES. City of Miami Page 94 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 06-00258 Outside Cover.PDF 06-00258 Inside Cover.PDF 06-00258 Table of Contents.PDF 06-00258 Article I - Project Information.PDF 06-00258 Letter of Intent.PDF 06-00258 Major Use Special Permit Application.PDF 06-00258 Zoning Write-Up.PDF 06-00258 Zoning Atlas.PDF 06-00258 Project Data Sheet.PDF 06-00258 Aerials.PDF 06-00258 Deed-Computer.PDF 06-00258 Ownership List.PDF 06-00258 State of Florida Documents.PDF 06-00258 Directory of Project Principals.PDF 06-00258 Article II - Project Description.PDF 06-00258 Article III - Supporting Documents.PDF 06-00258 Minority Construction Employment Plan.PDF 06-00258 Traffic Impact Analysis.PDF 06-00258 Site Utility Study.PDF 06-00258 Economic Impact Study.PDF 06-00258 Survey of Property.PDF 06-00258 Drawing Submitted.PDF 06-00258 Legislation.pdf 06-00258 Exhibit A.pdf 06-00258 Exhibit B.pdf 06-00258 Analysis.pdf 06-00258 Zoning Map.pdf 06-00258 Aerial Map.pdf 06-00258 Miami -Dade Aviation Dept Comments.pdf 06-00258 PAB Reso.pdf 06-00258 Fact Sheet.pdf REQUEST: Major Use Special Permit for The Chelsea Project LOCATION: Approximately 1550 Biscayne Boulevard APPLICANT(S): 1550 The Chelsea, LLC APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 15, 2006 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of The Chelsea project. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado City of Miami Page 95 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 R-06-0190 Chairman Gonzalez: PZ.7. Adrienne Pardo: Thank you very much. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 7 is a Major Use Special Permit for the Chelsea project. This is located at approximately 1550 Biscayne Boulevard. The project -- in your packages, there was a scrivener's error, and the applicant submitted and got reviewed and signed off by all the appropriate departments at the City, a correction to their project data sheet. The project will now consist of 385 multifamily residential units, 79,956 square feet of office space, approximately 5,139 square feet of retail, and approximately 4,981 square feet of restaurant space, with a total of 511 parking spaces. This is just a recalculation of the units and recalculation of the parking. The project was reviewed and recommended for approval with conditions by the Planning Advisory Board, and the Planning Department, there were a few design -related conditions that we -- that were recommended for approval by the Planning Advisory Board due to come back for final review by the Planning director prior to the issuance of a building permit, and I believe the applicant has agreed to them, so we recommend approval. Chairman Gonzalez: Is there anyone in opposition to this item? I don't see anybody. All right. Lucia. Lucia Dougherty: Good afternoon. For the record, Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and applicant, and with me is Asi Cymbal and Suzanne Hollander, who are representatives of the principal. Also with me today is Jennifer (UNINTELLIGIBLE), who is the project architect. This is on the west side of Biscayne Boulevard. It's just one block north of the project that you just reviewed. It's just one block south of the Cardinal Symphony that was a Major Use Special Permit about six months ago. It is a beautifully designed building by Kobi Karp Architecture in connection with Thomas Phifer out of New York You can see it. It's very crystalline building. This is the Cardinal Symphony, and what you don't see on this map -- but what you don't see here is you don't see the Marquis, Ten Museum, 900, 600, and all of the other buildings that are currently changing the Miami skyline in the same zoning district. This is an SD-6 zoning classification, so again, this is 1650. This is 1550, the one you just approve is here, and again, this is Marina Blue coming up. Ten Museum is just on the front of it, and then you have 900, 600, and the Freedom Tower building, so it's going to be just one of those beautiful buildings that have changed the Miami skyline, and we'd urge your approval for this Major Use Special Permit. Chairman Gonzalez: All right. Commissioner Sanchez: Public hearing. Chairman Gonzalez: This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. Chairman Gonzalez: So move PZ. 7. Commissioner Spence -Jones: OK, I just have a question for -- Chairman Gonzalez: OK. Second for discussion. Commissioner Spence -Jones.' Second for discussion. Lucia, in the middle, is that the Doubletree -- no, the middle building. Is that the Doubletree? Ms. Dougherty: That's the Omni, exactly. City of Miami Page 96 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: The Omni, I'm sorry. Ms. Dougherty: So, on this map, you'd see it across the street here, so it's directly across the street from the Doubletree/Omni property. Commissioner Spence -Jones: OK, great. Only thing I just wanted to just add real fast -- you know, I've already second it already, but I just want to once again encourage -- even though I know that we can't, you know, support it with conditions, but to truly encourage, you know -- when major projects like this are happening, to encourage those that are doing projects to consider a lot of the small contractors to support some of these projects. I just want to encourage that. Ms. Dougherty: I -- absolutely. Commissioner Spence -Jones: OK. Ms. Dougherty: I must tell you that anybody who's a contractor in the City of Miami today is employed. Commissioner Spence -Jones: OK It's just important, man. You know, it's -- Ms. Dougherty: You're absolutely right. Chairman Gonzalez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Again, for the record, as modified? Chairman Gonzalez: Yes, as modified. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Motion carries. PZ.8 06-00259 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 111 NE 11TH STREET PROJECT, TO BE LOCATED AT APPROXIMATELY 111 NORTHEAST 11TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 425-FOOT, 42-STORY HIGH MIXED- USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 430 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 26,732 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 2,500 SQUARE FEET OF RESTAURANT SPACE; AND APPROXIMATELY 508 TOTAL PARKING SPACES. City of Miami Page 97 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 06-00259 Outside Cover.PDF 06-00259 Table of Contents.PDF 06-00259 Letter of Intent.PDF 06-00259 Application for Major Use Special Permit.PDF 06-00259 Affidavit.PDF 06-00259 Disclosure of Ownership.PDF 06-00259 Articles of Incorporation.PDF 06-00259 Certificate of Good Standing.PDF 06-00259 Zoning Write Up.PDF 06-00259 Aerials.PDF 06-00259 Zoning Atlas.PDF 06-00259 Project Data Sheet.PDF 06-00259 Computer Tax Printout - Deed.PDF 06-00259 Ownership List.PDF 06-00259 Owner Authorization.PDF 06-00259 Presentation Rendering.PDF 06-00259 Project Description.PDF 06-00259 Minority Construction Employment Plan.PDF 06-00259 Traffic Impact Analysis.PDF 06-00259 Site Utility Study.PDF 06-00259 Economic Impact Analysis.PDF 06-00259 Survey of Property.PDF 06-00259 Drawings Submitted.PDF 06-00259 Legislation.pdf 06-00259 Exhibit A.pdf 06-00259 Exhibit B.pdf 06-00259 Analysis.pdf 06-00259 Zoning Map.pdf 06-00259 Aerial Map.pdf 06-00259 Miami -Dade Aviation Dept Comments.pdf 06-00259 PAB Reso.pdf 06-00259 Pre -Application Design Review Comments.pdf 06-00259 Fact Sheet.pdf REQUEST: Major Use Special Permit for the 111 NE 11th Street Project LOCATION: Approximately 111 NE 11th Street APPLICANT(S): Eagle Garage, LLC APPLICANT(S) AGENT: Patricia M. Baloyra, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 15, 2006 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the 111 NE 11th Street project. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 98 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado R-06-0191 Chairman Gonzalez: PZ.8. Lucia Dougherty: Thank you very much. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ8 is another Major Use Special Permit. This is for a project called the 111 Northeast II th Street project. It's located within the Park West area in the downtown NET (Neighborhood Enhancement Team) district. The project is a mixed -use project consisting of approximately 430 multifamily residential units with recreational amenities, 26,732 square feet of retail space, approximately 2,500 square feet of restaurant space, and approximately 508 total parking spaces. The project was recommended for review -- I mean, for approval with conditions by the Planning Department and the Planning Advisory Board. It was also recommended for approval by the Urban Development Review Board. There were a few design -related conditions that we're recommending for approval, and we've already been meeting with the applicant to resolve some of those ingress and egress issues to make the project more pedestrian friendly along I th Street, and I think we're very close to finding that solution, so we recommend approval with the conditions in your package. Chairman Gonzalez: Good afternoon. Patricia Baloyra: Good afternoon. Chairman Gonzalez: Welcome. Ms. Baloyra: Thank you. It'll just be one second. I'm sorry. Chairman Gonzalez: OK. Are you ready now? Ms. Baloyra: Yes. Chairman Gonzalez: You're ready? Ms. Baloyra: I'm sorry, yes. Commissioner Sanchez: All right. Chairman Gonzalez: Go ahead. Commissioner Sanchez: Go ahead go ahead Ms. Baloyra: Good afternoon. Patty Baloyra of Broad and Cassel, offices at One Biscayne Tower, on behalf of Eagle Garage, LLC and Leviev Boymelgreen Developers. With me here are the director of Florida development for Leviev Boymelgreen, which is Bob de la Fuente, our architects. Carlos Prio-Touzet and Jackie Gonzalez-Touzet are on their way, if you need a presentation from them. I'm sure we can put one together for you. I'm also accompanied by our landscape architect, Matt Bukolt of Urban Resource Group. Jorge L. Fernandez (City Attorney): Mr. Chairman, excuse me. You may -- Chairman Gonzalez: We lost quorum. Mr. Fernandez: -- need a quorum. So far you only have -- City of Miami Page 99 Primed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: We have quorum. Ms. Baloyra: It's sort of three. Chairman Gonzalez: Continue. Ms. Baloyra: Sort of three we have? OK. Chairman Gonzalez: Yeah. Ms. Baloyra: We also have our traffic consultant, John McWilliams of Kimley-Horn, and our economic impact expert, Andy Dolkart, of Miami Economic Associates, Inc. The subject property is located at 111 Northeast I I th Street. It's bordered on the north side by 1-395, to the east by Northeast 2nd Avenue and the Metromover, to the south by Northeast 11 th Street, and to the west by Northeast 1st Avenue, and it's located one block west of Biscayne Boulevard. As you just heard, it's -- the proposed development consists of a 425-foot high, 42-story mixed -use tower with 430 residential units, recreational amenities, some retail space, restaurant space, and approximately 508 parking spaces. With this application, we're not seeking any zoning changes, no variances, and no bonuses. The project meets all the criteria of Section 1305.2, and for that reason, it's been recommended for approval by all the various bodies. There was one issue, as Lourdes noted, we're working with staff to come up with a better entry scheme on I th Street. We met with staff on Monday, and we've come up with what seems to be a workable solution, and we'll accept that as a condition of the approval here today, and with that we urge your approval of the project. Chairman Gonzalez: All right. OK. This is a public hearing. Anyone from the public that wishes to address the Commission on this item, please come forward. Yes, ma'am. Judith Sandoval: I do. I want to hand in my -- Chairman Gonzalez: Pardon me? Ms. Sandoval: I want to hand in my (INAUDIBLE). Chairman Gonzalez: OK. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace, Miami. I only wish to point out and object on one part of this project, and that is that there aren't enough parking spaces, and I think that this is a fault of many of the buildings downtown, and the streetcar is not going to hold all of these people who won't be able to use their cars. You've got 430 residential units, restaurants, and retail, and 508 parking spaces. It's not enough. Thank you. Chairman Gonzalez: Thank you. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. Lourdes, I think I heard you say that you're approving this project, right? Ms. Slazyk: Yes, we are -- Chairman Gonzalez: You're in support? Ms. Slazyk: -- and real quick on the parking thing. Within our downtown DRI (Development of Regional Impact) and Southeast Overtown/Park West DRI, which is where this project lands, through those DRI processes with the State, we have been asked to put maximum caps on parking in downtown in order to encourage the ridership on our public transportation, and this City of Miami Page 100 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 project has excellent proximity to public Iran -- I think it's right across the street. Ms. Baloyra: We have a mover stop right outside of the -- Ms. Slazyk: Right outside the door, so we're -- you know, again, we recommend approval. Chairman Gonzalez: Good. All right. Commissioner Sanchez.' So move. Commissioner Spence -Jones: Second Chairman Gonzalez: We have a motion and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. OK, now I'm going -- Ms. Baloyra: Thanks very much. Chairman Gonzalez: -- to skip PZ.9. PZ.9 05-01511 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE OF AN ALLEY LOCATED NORTH OF NORTHWEST 13TH STREET BETWEEN NORTHWEST 9TH AVENUE AND NORTHWEST 10TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 05-01511 Legislation.pdf 05-01511 Exhibit A.pdf 05-01511 Planning Analysis.pdf 05-01511 Zoning Map.pdf 05-01511 Aerial Map.pdf 05-01511 Public Works Analysis.pdf 05-01511 Public Works Letter.pdf 05-01511 ZB Reso.pdf 05-01511 Application & Supporting Docs.pdf 05-01511 Fact Sheet 01-26-06.pdf 05-01511 Fact Sheet 02-09-06.pdf 05-01511 Submittal Photos.pdf 05-01511 Fact Sheet 03-23-06.pdf REQUEST: Official Vacation and Closure of an Alley LOCATION: Approximately North of NW 13th Street between NW 9th Avenue and NW 10th Avenue APPLICANT(S): Jackson Residences, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: City of Miami Page 101 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with a condition* on October 6, 2005 by a vote of 6-0. ZONING BOARD: Recommended approval with conditions* to City Commission on December 12, 2005 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a unified development site. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado R-06-0193 Chairman Gonzalez: PZ9. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ9 is a request for an official vacation and closure of an alley north of Northwest 13th Street, between 9th Avenue and Northwest 10th Avenue. It's been recommended for approval with conditions by the Planning Department, Public Works, and the Plat and Street Committee. It was also recommnended for approval with conditions by the Zoning Board. The City Commission heard this item on January 26, again on February 9, and continued it to today's date, and I believe the applicant's proffer for the public purpose has been to -- they've budgeted approximately $30, 000 for public purpose improvements, including the repair of the columns and right-of-way that are -- were once the private entrance to the old Sewell farm and mansion, and the remaining monies that were left, if any, would be for doing work on the -- for the City to use for work at the round park. Chairman Gonzalez.: All right. Vicky Garcia -Toledo: Good afternoon. Vicky -- Chairman Gonzalez.: Good afternoon, Vicky. Ms. Garcia -Toledo: -- Garcia -Toledo. I'm here joined by Carlos Gimenez, and we're here on behalf of Jackson Residence. As Lourdes has stated on the record, this matter was previously deferred. The district Commissioner specifically asked us to meet with the Spring Garden Homeowners Association, which we have, and Mr. Ernie Martin, who I believe is the president, was here this morning, and we've communicated with him and he is en route, but has been delayed by the bad weather. I think what he's prepared to tell you is that they have looked at our project and they're in support of the project. They've -- we've also had an opportunity to get a lot of history on this neighborhood, and we were told, without any doubt by Mr. Jim Bronie, who was present at the meeting and is a historian, that these columns are their priority, as homeowners in the area, and I'll ask Carlos to bring you some pictures of the columns as they now exist. You will see in the back of these columns some of the tall buildings in the area. These columns were the entry feature for the Sewell family farm at the beginning of Miami, and there was a driveway from these two columns as the entry feature, probably about half a mile, three quarters of a mile away, to the actual Sewell home, which I understand it's still in place as part of the Jackson Memorial Hospital complex, and it is in use. The neighborhoods -- oh, here he is. Here's Mr. Martin. The neighborhood association shared with us how important it was for Spring Gardens and Highland Park to have the applicant bring those two columns back into full repair, and my client is prepared to do so. He has budgeted $30, 000. This will be his public purpose. We don't have an actual cost right now, but our proposal is not only to refurbish those two columns, but to take the right-of-way -- and if Carlos could put up the -- we have a board of City of Miami Page 102 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 what we're proposing. We'd like to take up the blacktop that remains on that private driveway between the columns and the embankment of 836 and do pavers instead to create more of a park -like feel, even though this is a dead-end right-of-way, and do planting at the 50-foot edge of that right-of-way. We've also agreed to put some type of plaque, or sign, or monument explaining the history of these columns and the history of Highland Park. Any monies from those $30, 000 that are not utilized for this improvements then will be donated to the City for the City to use in the round park that is at the other end of the neighborhood. We also have a design that has been reviewed by your staff. We're continuing to work on that design, and we'll continue to find -- you know, do some fine pointing and tweaking of that design as we prepare this project for the Class II Special Permit that it requires. Being said that, we would hope that you would find this sufficient, and that you would support your staff on this matter. 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. Ernie Martin: Yeah. Ernie Martin at 1000 North River Drive, in Spring Garden, which is the adjoining neighborhood to Highland Park, and the developer's reached out to us to get our comments on the project, and we were not able to have a board meeting, so I can't officially say we endorse any part of this project. However, I can say that we did find common ground with the developer, and I heard Vicky's explanation -- I got here kind of late, but I heard Vicky's explanation about saving the pillars, which are the historic preservation hallmark of Highland Park. It was the entrance to Halissee Hall, which still stands at the Jackson Memorial complex, but it was cut off by 836, so they stand there by themselves, but they have a lot of significance, and they're in disrepair now, and so we found some common ground that I know the Habitat for Humanity project has 25 homes in that neighborhood, and I did reach out to them, and they're interested in hearing from them also, and said they would make themselves available to further work on the project. Thank you. Chairman Gonzalez: Thank you. Anyone else from the public? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones: All right. First of all, I want to thank Ms. Vicky, or Ms. Toledo -- Garcia-Toledo for really, really -- I know you've had to come in front of us twice on this issue, but I really appreciate you sitting down and talking to the neighboring neighborhood association to at least find some sort of common ground. I do want to say also that, I guess -- I spoke to Otto -- one of the questions was around the height of the building, since it has not all the way been figured out as of yet. Even though it abuts the expressway, it's no higher than 12 floors, correct? Ms. Garcia -Toledo: I believe that that's correct. Commissioner Spence -Jones: OK, and then the other question I had for you -- I -- because I happened to tour the site also just because I wanted to kind of see the area, and one of the issues that I know that the neighbors in that particular area have a big problem with is parking, and what I'd like to encourage is once construction begins -- they're already having a big issue with folk -- people that are parking from Jackson -- Ms. Garcia -Toledo: Yes. Commissioner Spence -Jones: -- in front of residents' homes -- Ms. Garcia -Toledo: Yes, Commissioner. Commissioner Spence -Jones: -- and I spoke to Otto, and we're going to try to figure out something that we can do for the residents in Highland -- correct? -- Park to make sure that we alleviate the problems that they're having because, literally, you cannot even drive down the City of Miami Page 103 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 streets, so I can imagine when your construction begins over there, the construction workers are going to have to have somewhere to park, and they're going to choose in front of people's homes, so I would like to request that you at least try to find a temporary parking location for the construction workers so that the neighbors are not affected by, you know, the construction work that's going to take place in the area, and also, please tell them to keep the site as clean as possible because when I went over to visit, it was, you know, a lot of stuff on the grounds, not construction stuff so -- Ms. Garcia -Toledo: Commissioner, we -- excuse me. We are in the process -- in fact, I've been informed that, as of today, we received a permit to fence in all of the land -- Commissioner Spence -Jones: Good. Ms. Garcia -Toledo: -- which is only partially fenced, and hopefully, that will keep people from throwing litter there. We also conversed with Mr. Martin and members of his association about the possibility of developing a decal parking for that neighborhood some -- you know, along the lines of what's been done in some other neighborhoods because you're absolutely right. Our property is being completely surrounded everyday by individuals who work at Jackson and park on the street, and they're parking on both sides of the street, so there's really very difficult even lust to travel through those streets, so that's absolutely correct. Commissioner Spence -Jones: But I'd like to commend you for at least trying to work it out with the neighborhood group, and that's what it's all about, so on that note, so moved. Commissioner Sanchez: Second Chairman Gonzalez: All right. We have a motion and we have a second It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Garcia -Toledo: Thank you. PZ.10 06-00364 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED AT SOUTHWEST 2ND AVENUE, SOUTH OF SOUTHWEST 17TH ROAD AND SOUTHWEST 18TH ROAD, WEST OF SOUTHWEST 1ST AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 06-00364 Legislation.pdf 06-00364 Exhibit A.pdf 06-00364 Planning Analysis.pdf 06-00364 Zoning Map.pdf 06-00364 Aerial Map.pdf 06-00364 Public Works Analysis.pdf 06-00364 Public Works Letter.pdf 06-00364 ZB Reso.pdf 06-00364 Application & Supporting Docs.pdf 06-00364 Fact Sheet.pdf City of Miami Page 104 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 REQUEST: Official Vacation and Closure of a Street LOCATION: Approximately SW 2nd Avenue, S of SW 17th Road and SW 18th Road, W of SW 1st Avenue APPLICANT(S): One Plaza, Corp. APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with conditions* on December 1, 2005 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on February 27, 2006 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a unified development site. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado R-06-0192 Chairman Gonzalez: I'm going to go to PZ 10. I'll come back to PZ.9 in a few minutes. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 10 -- Chairman Gonzalez: PZ 10. Ms. Slazyk: -- is a request for official vacation and closure of Southwest 2nd Avenue, south of Southwest 17th Road and Southwest 18th Road, and west of Southwest 1st Avenue. It's been recommended for approval with conditions by the Planning Department, Department of Public Works, and the Plat and Street Committee. The applicant -- the approval -- the conditions for approval are that the applicant shall comply with the conditions set forth by the Plat and Street Committee, and it's also subject to the applicant resubmitting new plans for the project for review and approval by the Planning director, which incorporates all of the recommendations of the Design Review Committee. Even though this is a street closure, the applicant did go through a design review process with the Planning Department, and it's been recommended for approval. The vacation and closure, by the Plat and Street Committee, the condition was subject to providing an easement through the platted property for fire -rescue and emergency services, and I'll let the applicant explain where they're providing that easement. Chairman Gonzalez:: All right. Carlos Gimenez: Commissioner -- Chairman Gonzalez: Good afternoon. Mr. Gimenez: -- thank you. Carlos Gimenez, with address 200 South Biscayne Boulevard, here City of Miami Page 105 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 with Vicky Garcia -Toledo, Bilzin Sumberg. As Ms. Slazyk just mentioned, we're here for an official vacation and closure of a portion of Southwest 18th Road, and let me go to the sketch of survey. We're going to be -- our request is to close this portion of Southwest 2nd Avenue, which leads right into Interstate 1-95, and this portion of Southwest 18th Road, which also leads into Interstate 1-95. Now, the -- this closure has been unanimously approved by the Plat and Street Committee, by the PAB (Planning Advisory Board), and also been recommended for approval by your Planning Department. In addition, we have been in constant communication with the Miami Roads Civic Association, and Tucker Gibbs is here on behalf of the association to speak as to what we discussed and what we've agreed to do, and I'd like to take this opportunity to go ahead and detail what we've planned to do, if that's OK, Tucker. Chairman Gonzalez: Tucker. Commissioner Sanchez: Counsel, before we do that, I think it's always important to know when we do close these alleyways, how is this going to benefit -- and I think it's important for you to put on the record -- Mr. Gimenez: Yes. Commissioner Sanchez: -- how it's going to -- Chairman Gonzalez.: All the benefits. Commissioner Sanchez: -- benefit the public. Mr. Gimenez: And that is part of what we've discussed with the association, Commissioner. Chairman Gonzalez: Tucker. Mr. Gimenez: First off, we have agreed to remove the top two floors of the -- actually, let me go to the plans here -- of this circular tower here, for these top two floors. Also, modify this design, you know, crown to minimize it in order to cover the electrical and mechanical components of the building, and in addition, the public purpose, which you're referring to, is we are going to donate $50, 000 to the association. The process in which it's going to go by -- $50, 000 will go to the association, at which time the association is going to make a list of preferred capital improvement projects in the neighborhood, and those -- that list is going to go to the district Commissioner for the district Commissioner's approval, and the money cannot be spent without the district Commissioner's approval, and that's what we've discussed and agreed on, and it will be paid prior to commencement of the construction of the building. Chairman Gonzalez: All right. Commissioner Sanchez: Tucker. Chairman Gonzalez: Tucker. Tucker Gibbs: Yeah, and I'm confirming that that money will be not spent without the authority of the district Commissioner. The money will be held in my trust account and will be distributed only at the City Commis -- when the Commissioner from the district approves that list. One thing I do want to say about public purpose, to add on to that, with these two alleyways not abandoned, there would be two structures that would really tower over the roads. What my clients did was -- and what the applicant did was make the building one building and orient it out so its actual impact on the roads will be minimized by being on one property, and that was really critical for my clients, and I think it's critical for the public purpose because it limits the impact on the neighborhood. City of Miami Page 106 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: Very good. Commissioner Sanchez: All right. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Sanchez: So move, with conditions. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. We have a motion and a second with conditions. It's a resolution, right? Commissioner Spence -Jones: Yes. Jorge L. Fernandez (City Attorney): Yes, it is. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Mr. Gimenez: Thank you. Mr. Gibbs: Thank you all very much. PZ.11 06-00372 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED AT SOUTHWEST 11TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND 1-95 EXPRESSWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 06-00372 Legislation.pdf 06-00372 Exhibit A.pdf 06-00372 Planning Analysis.pdf 06-00372 Zoning Map.pdf 06-00372 Aerial Map.pdf 06-00372 Public Work Analysis.pdf 06-00372 Public Work Letter.pdf 06-00372 ZB Reso.pdf 06-00372 Application & Supporting Docs.pdf 06-00372 Fact Sheet.pdf REQUEST: Official Vacation and Closure of a Street LOCATION: Approximately SW 11th Street Between SW 3rd Avenue and 1-95 Expressway City of Miami Page 107 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 APPLICANT(S): Paul and Marlene Proenza, Owners APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval on July 7, 2005 by a vote of 4-2. ZONING BOARD: Recommended denial to City Commission on February 27, 2006 by a vote of 4-3. *See supporting documentation. PURPOSE: This will allow a unified development site. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado R-06-0194 Chairman Gonzalez: PZ 11. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 11 is another request for official vacation and closure of a portion of Southwest 11 th Street, between Southwest 3rd Avenue and 1-95. The Planning Department had recommended denial because, at the time that we made our recommendation, we had not received a letter, which I'll let the applicant explain to you on the record, proffering a public purpose. However, the Department of Public Works recommended approval with conditions. The Plat and Street committee recommended approval, and again, the Zoning Board had also recommended denial because of the fact that the information on their public purpose had not been received, and I'll let the applicant explain that to you. Chairman Gonzalez: All right. Lucia Dougherty: Thank you, Lourdes. The property is located in West Brickell. It is -- it backs up onto 1-95. I don't know if you -- can you see this all right? This is 11 th Street. This is 3rd Avenue, and this is 1-95, and the property is located right here. It is the only street remnant in this entire area between would be 13th all the way to 2nd, 1 believe, that has a street end or a street remnant, so if you look at it from this end -- we're standing at 11 th Street -- the part that we're trying to close is right here on the backside of 1-95. This is 1-95 above here, and what you see are a place really where derelicts hang out, people dump things. It is not used for any City utilities. It's not used by the Fire Department. It's not used by sanitation. In fact, those one-armed bandit sanitation machines can't even get into this street, so what we're proposing is closing this street, and we do have a proffer to the Parks Department, and -- which has been accepted. The installation of a triangle park pour -in -place surface for the children, which is approximately $34, 000; installation of two entryway signs along Brickell Avenue, and also -- actually, it's not Brickell Avenue. It's South Miami Avenue. Commissioner Sanchez: South Miami Avenue. Ms. Dougherty: South Miami Avenue, where somebody ran into the coral rock sign; we're going to replace that. We're going to also put a sign in as an entry to Simpson Park. We're going to donate 17 trees to the Mayor's Tree Canopy campaign, and we're relocating the fire hydrant to - City of Miami Page 108 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 - from 3rd Street -- 3rd Avenue to -- from the corner of 11 th and 3rd to Southwest 3rd Avenue, and the Fire Department has no objections, and neither does the Solid Waste Department, and let me just show you what we're looking at in terms of a -- of the rendering of the proposed residential tower, and just in case you don't recognize exactly where it is, we are standing at the site location right here. This photograph was taken at the site location, so you can see that it is in context, and 49 units is all that's permitted on this site with the street closure, and we own both sides of the street, so with that, we'd urge your approval of this street closure. Commissioner Sanchez: Public hearing's closed? Chairman Gonzalez: All right. This is a public hearing. Anyone from the public? Commissioner Sanchez: Close? Chairman Gonzalez: No. Commissioner Sanchez: Oh. Nina West: My name is Nina West, 3690 Avocado Avenue, Coconut Grove. I wish to support this alleyway enclosure because this is the first one that I have heard at all -- Commissioner Sanchez: I'm sorry? Ms. West: -- that -- Chairman Gonzalez: Wow. Ms. West: -- provides a true public benefit, and 1 -- Commissioner Sanchez: Did you say support this? Ms. West: Yes -- Chairman Gonzalez: Support it. Ms. West: -- I did This particular one because this is the first one that I have seen that actually provides public benefit for the public at -large. I think it's very important that we think about public benefit in a large way, rather than in just a monetary handover because, as Lucia could probably tell you better than I can, $50, 000 doesn't buy much in the terms of square feet, in terms of the FAR (floor/area ratio) that is -- the benefit that occurs to a developer, so thank you. Chairman Gonzalez: Thank you, ma'am. Anyone else from the public? Commissioner Sanchez: Yes. Chairman Gonzalez: Yes, ma'am. Good afternoon. Amarilys Castro: Good afternoon. My name is Amarilys Castro. My address, 1110 Southwest 3rd Avenue. I'm the first neighbor after the property, and we are in favor, since not only it's going to be better for the neighborhood, but that is the main transfer the homeless to go through the expressway, the back of the expressway. That is my backyard, so definitely it's going to be secure and beautiful the neighborhood, so -- Chairman Gonzalez: Thank you, ma'am. City of Miami Page 109 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Castro: -- we agree. Chairman Gonzalez: Thank you. Good afternoon. Commissioner Sanchez: Nina, how could 1 not support this -- Chairman Gonzalez: Anyone else from the public? Commissioner Sanchez: -- when it's got your blessing? Chairman Gonzalez: Seeing none, hearing none, the public hearing is closed. It comes back to the Commission. We need a motion. Commissioner Sanchez: I so -- Commissioner Spence -Jones: So -- Commissioner Sanchez: -- move -- second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. It's -- Commissioner Sanchez: With the -- Ms. Slazyk: With the proffer. Commissioner Sanchez: -- conditions and the proffers that have been made for the record. Chairman Gonzalez: It is an ordinance, isn't it? Commissioner Sanchez: It is a resolution. Chairman Gonzalez: It's a -- Jorge L. Fernandez (City Attorney): Resolution. Chairman Gonzalez: -- resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Dougherty: Thank you very much. Chairman Gonzalez: All right. Commissioner Sanchez: Thank you so much. PZ.12 06-00099 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION Second Reading City of Miami Page 110 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 FROM "C-1" RESTRICTED COMMERCIAL TO "SD-14" LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 203, 219, 229 AND 237 NORTHWEST 12TH AVENUE AND 1161 AND 1169 NORTHWEST 2ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00099 Legislation.pdf 06-00099 Exhibit A.pdf 06-00099 Analysis.pdf 06-00099 Zoning Map.pdf 06-00099 Aerial Map.pdf 06-00099 ZB Reso.pdf 06-00099 Application & Supporting Docs.pdf 06-00099 FR Fact Sheet.pdf 06-00099 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial to SD-14 Latin Quarter Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 203, 219, 229 and 237 NW 12th Avenue and 1161 and 1169 NW 2nd Street APPLICANT(S): Beta Credit Management, LLC and Nivardo D. Marquez, Owners APPLICANT(S) AGENT: Javier F. Avino, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended of approval to City Commission on January 9, 2006 by a vote of 9-0. PURPOSE: This will change the above properties to SD-14 Latin Quarter Commercial -Residential District. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado 12785 Chairman Gonzalez: Now, PZ (Planning & Zoning) -- Lourdes Slazyk (Assistant Director, Planning & Zoning): 12. Chairman Gonzalez: -- 12. Ms. Slazyk: PZ 12 is a second reading ordinance for a change of zoning. This is in order to change from C-1 to SD-14, Latin Quarter Commercial Residential District. City of Miami Page 111 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: Right. Ms. Slazyk: This is for the properties at 203, 219, 229, and 237 Northwest 12th Avenue, and 1161 and 1169 Northwest 2nd Street. It's being recommended for approval. It was recommended for approval by the Zoning Board, and passed by the City Commission first reading in February. Chairman Gonzalez: All right, Lucia. Lucia Dougherty: You've already passed this on first reading -- Chairman Gonzalez: Right. Ms. Dougherty: -- so I don't think I need to make any further statement, except for the record, Lucia Dougherty, with offices at 1221 Brickell Avenue. Chairman Gonzalez: Thank you. This is a public hearing. Anyone from the public that wishes to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. We need a motion. Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. 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, 3/0. Ms. Dougherty: Thank you very much. PZ.13 05-01090 ORDINANCE Second 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. City of Miami Page 112 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 05-01090 Legislation.PDF 05-01090 PAB Reso.PDF 05-01090 FR Fact Sheet 10-27-05.pdf 05-01090 FR Fact Sheet 11-03-05.pdf 05-01090 SR Fact Sheet 01-26-06.pdf 05-01090 SR Fact Sheet 02-23-06.pdf 05-01090 SR Fact Sheet 03-23-06.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 Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado 12786 Chairman Gonzalez: All right. PZ 13. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 13 is a second reading ordinance amending Ordinance 10544, comprehensive plan, in order to provide some modifications to our goals, objectives, and policies within several elements of the plan for implementation of the Miami 21 project. These changes do not constitute substantial deviations. They've been recommended for approval by the Planning Advisory Board, passed by the City Commission first reading November 2005, and we recommend approval. Commissioner Spence -Jones: So moved. Oh, it's an ordinance. Ms. Slazyk: Yeah. Commissioner Sanchez: It's P -- 13, PZ.13? Jorge L. Fernandez (City Attorney): Yes. Commissioner Spence -Jones: Yes. Chairman Gonzalez: PZ 13. It's a public hearing. Anyone from the public -- Commissioner Sanchez: Second reading. Chairman Gonzalez: -- that wants to address the Commission, please come forward. Nina West: I just have questions so that we better understand this. Chairman Gonzalez: Lourdes. City of Miami Page 113 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. West: It's my understanding this is part of the changes to help the new zoning code. Ms. Slazyk: These are some changes that we feel are necessary in the Comprehensive Plan in order to make the plan ready for Miami 21. Ms. West: Right, so I just have some questions for clarification, and this is not on behalf of anyone but myself, but hopefully, it will help some other citizens. In your policy LU-1.3.14, you talk about continue to enforce the urban design guidelines. 1 want to know where are these guidelines, and why when I have asked about them in the past when the Urban Design Review Board [sic] does its review, they do not take height as a part of context. Ms. Slazyk: The City has a book that contains all of our different urban design guides and standards from pedestrian pathway guides and standards to parking and landscape guides and standards, and that book does not have a chapter on height. Through the Zoning Ordinance and Section 1305, we do take everything that has to do with context into account when we do design review. I can't speak to why the UDRB (Urban Development Review Board) does or doesn't do what -- however they review projects. I can't speak on their behalf but the Planning Department does have a whole context section in the Zoning Ordinance, and this refers to our other urban guides and standards. Ms. West: Right, because I'm wondering why the two -- the Urban -- Ms. Slazyk.' I can't answer for them. Ms. West: OK. Well, you may not be able to, but I would certainly appreciate that the Planning Department would give an explanation that -- or the Zoning Department, or whoever this Urban Design Review Board [sic] is under, give an explanation of why that part of context -- every other design review standard seems to be part of their review process, but -- except for height, so when we talk about context and we don't get height, it seems to me that we -- when we talk about our new Zoning code, there's a hole in it, and I would like to see the hole filled, and I would like some kind of a pledge from the Administration here that that would get done because if we're going to rewrite the code, we ought to do the whole thing and not leave holes here and holes there. The whole purpose of the new Zoning code is to -- guidance to citizens, developers, and everybody who is involved with this process, so I would like some kind of commitment for that. Commissioner Spence -Jones: Lourdes -- Ana, is -- do we understand what her question is? I mean, do we have what she's -- ? Ana Gelabert (Director, Planning & Zoning): I believe that we have addressed your concern, and I just don't have it in front of me, but I think when we brought it up, we looked at the Urban Development Review Board and the criteria and what they were to review, and 1 believe we've addressed that issue in order for the -- I think your concern was that the UDRB was looking at the project holistically -- is that it? -- and the issue of context. Ms. West: What I was looking at right now is your policy that's going to address the new Zoning code, and the whole purpose of these amendments is to support a whole totally new Zoning code, so what I'm addressing is what's going to happen when this is adopted, and when this is adopted, I see a hole, and I don't think that my prior concerns under the old Zoning code -- Commissioner Sanchez: Let me just -- Ms. West: -- are the same. Commissioner Sanchez: Nina -- I think you need to explain that all this does, it preps our comp. City of Miami Page 114 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 (comprehensive) plan to receive Miami 21's changes. You need to explain that to her. There are no changes right now. Ms. Gelabert: Yeah, and I -- Ms. West: No. I know the purpose, and I agree that that's why they're doing it. I'm not disputing that. I'm only saying that when you do this, when you are making these changes and you are working with something new and you have the opportunity to do the whole thing brand-new, then why when someone says -- asks why they are not tying all of this together, that it's not tied together? Ms. Gelabert: Let me give it a -- try to see -- what we understand is where is the height issue and how is that relating with the new code and it's relating to here. The Miami 21 will be a form -based code, so the issue of the context and the height and the envelope, all of the buildings and the properties, will be addressed That's the purpose of a form -based code versus what we have today. Ms. West: OK, so what you're telling me that there will be height limitations in Miami 21? Ms. Gelabert: Yes, there will be because there will be -- the form -based code will dictate heights in the different zoning categories, so it will be addressed. That's the purpose of a form -based code. Ms. West: OK, so we're going to maybe get away from the unlimited height, or will there be limits? Ms. Gelabert: There will be limits, and we're working on it right now -- Ms. West: OK, and when -- Ms. Gelabert: -- so -- Ms. West: -- can we expect all this? Ms. Gelabert: We are expecting to be having a commun -- the first community meeting some time in the spring, before the summer. I'm not able to give you -- Ms. West: This is the spring. We're in the spring. Ms. Gelabert: Late spring, beginning of summer. That's why you made the -- Ms. West: You mean this year, right? Ms. Gelabert: -- clarification. Ms. West: This spring? Ms. Gelabert: Yes. Yes, it will be this spring. Ms. West: Yeah, OK. Ms. Gelabert: This spring before this summer, yes. Ms. West: We are here now, so we are waiting to hear from you. The other thing is I would like a definition -- when you come to policy HO-1.1.8, although I have seen this other places -- of the City of Miami Page 115 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 word viable. Ms. Slazyk: I think it -- I don't -- I'm not sure if there is any other definition other than what the word viable means. I mean, if it's a neighborhood and it's got residents -- Ms. West: I mean, who makes the decision about what's viable and what isn't? For instance, the people living there may feel it's very viable, and then the Planning Department came along and say, well, we have a different vision, so we don't think it's viable. Ms. Slazyk: OK. No, I -- the only way I can answer that is to say that when requests come in for approvals of projects or changes of land use and zoning, each case is reviewed on a case -by -case basis, and we take a lot of things into account. We look at the existing land uses. We look at what's across the street, what's behind it, all the major corridors it's on, and decisions are made individually. I don't think I can just answer that -- Ms. West: OK. Ms. Slazyk: OK. Ms. West: What I -- my past experience -- and you know I'm -- last year, so I'm getting more experienced -- has been that the community input is just a way for people to vent how they feel rather than a collaboration, which is what the developers like to have a collaboration with the Planning Department and the Zoning Department, and I'm in favor of that, but I also think that we don't have enough collaboration with the existing community and the citizens who are there, so that sometimes we are working at real cross purposes. Chairman Gonzalez: All right. Ma'am, did you had a question? Was it answered, wasn't answered -- Ms. West: 1 was asking -- Chairman Gonzalez: -- because we need to move on. Ms. West: -- if they are going to make some -- if the Administration would make some kind of a commitment when they are working on each new viable neighborhood idea, that they would invite the same collaboration from the citizens; that the citizens will have input into this the way that the development community does. Commissioner Spence -Jones: And Nina, I'd just like to add on that. As -- if you could see, based upon the ordinance itself I've basically deferred this item twice because I needed a clear understanding of what I was supporting, so believe me, you know, I've drilled Planning & Zoning on this issue because I had a lot of concerns, and I really wanted to understand, and one of the topics that you just mentioned right now -- and I got that commitment from Otto, right, Otto? Otto Boudet-Murias (Chief of Planning & Economic Development): Absolutely. Commissioner Spence -Jones: OK, and staff to make sure -- because a lot of times we have these community meetings, it's the same people showing up to those meetings, and there's not enough push to make sure that neighborhood residents attend these workshops or these meetings to get real input, so it's the same people -- Ms. West: Well, we've been asking Miami 21 process -- the Miami Neighborhoods United has been asking to sit down and have input, and we have delivered a lot of input for the EAR (Evaluation Appraisal Report) and every other thing, and basically, the letters that we have City of Miami Page 116 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 received back from the City Administration is, "Thank you very much. We are not interested in incorporating any of your ideas, and furthermore, we don't really have time to talk about it in the future," so that's a very difficult thing for citizens to understand Commissioner Spence -Jones: Well, just know this -- because most of the area that we're talking about in the first quad really is in my district and Commissioner Winton's district. I wasn't in office at the time of the workshops and the meetings, but believe me, we will be actively involved in what's happening with Miami 21 -- Ms. West: All right. Commissioner Spence -Jones: -- because it's affecting our neighborhoods -- Ms. West: I mean -- Commissioner Spence -Jones: -- and we will work hard to make sure that your input is included in that. Ms. West: Well, we're talking about all of the neighborhoods in this City. Commissioner Spence -Jones: Yeah, but we're talking about the first quadrant. Ms. West: Well, the first quadrant, you have input already from Morningside and Buena Vista, and I think you'll be getting input very soon from Buena Vista Heights, so we would like to see some of our ideas incorporated into that -- Commissioner Spence -Jones: OK. Ms. West: -- and not just "thank you very much. We've seen it; we've read it, and now this is what you get," OK. Commissioner Spence -Jones: And 1 will push hard to make -- I can't speak for some of those areas because they're Commissioner Winton's, but you did mention Little -- Ms. West: Well, all of the ones that 1 just mentioned, except for Morningside, are in your district. Commissioner Spence -Jones: Right, OK. Ms. West: OK. Commissioner Spence -Jones: We'll work hard on it, OK? Ms. West: OK, thank you. Thank you very much. Chairman Gonzalez: All right. Thank you. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I would like to say simply that there is a very good solution to getting more neighborhood input, and that would be to have the City Commissions in the evening because many, many of the neighbors that are concerned with these problems work. Most people in Miami do work, and they cannot attend these meetings. Thank you. Chairman Gonzalez: Thank you. Next. All right. Public hearing is closed. It comes back to the Commission. We need a motion. City of Miami Page 117 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. 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, 3/0. PZ.14 05-01555 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 221 NORTHWEST 38TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01555 Legislation.pdf 05-01555 & 05-01555a Exhibit A.pdf 05-01555 Analysis.pdf 05-01555 Land Use Map.pdf 05-01555 & 05-01555a Aerial Map.pdf 05-01555 PAB Reso.pdf 05-01555 Application & Supporting Docs.pdf 05-01555 FR Fact Sheet 02-23-06.pdf 05-01555 FR Fact Sheet 03-23-06.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 221 NW 38th Street APPLICANT(S): Alejandro C. Trasobares, Gregory M. Wood and Carlos Nunez, Owners APPLICANT(S) AGENT: Alejandro C. Trasobares, Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 21, 2005 by a vote of 7-0. See companion File ID 05-01555a. City of Miami Page 118 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 PURPOSE: This will change the above property to General Commercial. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Winton and Sanchez Chairman Gonzalez: All right. PZ 15. Jorge L. Fernandez (City Attorney): Fourteen. Chairman Gonzalez: No, 14 -- Commissioner Winton wants to be here for 14, 16, 17, and 21 -- Lourdes Slazyk (Assistant Director, Planning & Zoning): Right, 14 -- Commissioner Spence -Jones: Fourteen -- Chairman Gonzalez.: -- so I have to keep jumping back -- Ms. Slazyk: Oh, OK. Chairman Gonzalez: -- and forth. Commissioner Spence -Jones: Actually -- Ms. Slazyk: Fourteen and fifteen -- Commissioner Spence -Jones: --14 -- Ms. Slazyk: -- are actually companion items -- Commissioner Spence -Jones: They're my item -- Ms. Slazyk: -- so -- Commissioner Spence -Jones: -- my -- Ms. Slazyk: -- you want to move -- Chairman Gonzalez: Fourteen and fifteen are companion? Ms. Slazyk: Yes -- Commissioner Spence -Jones: Yeah. Ms. Slazyk: -- they are. Chairman Gonzalez: So, 15 is also on hold. Commissioner Spence -Jones: Well, actually -- I'm sorry, Chairman. Chairman Gonzalez: Yeah. Commissioner Spence -Jones: Number 14, actually, and 15 is in my district. City of Miami Page 119 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Slazyk: Maybe, yeah. Chairman Gonzalez: I don't know. Commissioner Winton asked me to hold it until he's here. Commissioner Sanchez: This is 13; they're 13. Commissioner Spence -Jones: No, 14. Chairman Gonzalez: No, no. Commissioner Sanchez: Oh. Chairman Gonzalez: They're 14. We already did -- we just did 13 -- Priscilla A. Thompson (City Clerk): 13. Chairman Gonzalez: -- didn't we? Commissioner Spence -Jones: Yeah -- Ms. Thompson: Yes. Commissioner Spence -Jones: -- I just -- it's just it's within my district, so that's why -- and 1 just wanted them really to -- I mean, I'm aware of the project, and I just wanted them to kind of -- Chairman Gonzalez.: All right, so 14, 15, 16, and 17 -- we have to go to 18. Ms. Slazyk: Eighteen was con -- Commissioner Sanchez: All right. Ms. Slazyk: --17 and 18 were continued already. Chairman Gonzalez: We have to wait for Commissioner Winton. Seventeen and eighteen were - Ms. Slazyk: Continued. Chairman Gonzalez: -- continued; that's right. "[Later...1" Chairman Gonzalez: Let's go back to PZ 14. Lucia Dougherty: Thank you very much. Chairman Gonzalez: Commissioner Winton hasn't arrived. We're almost done with the agenda, SO -- Ms. Slazyk: PZ 14 and 15 are companion items. This is a change in land use and zoning. The property is located at 221 Northwest 38th Street. The request is from duplex residential to general commercial, with PZ 15 being the companion item from R-2 to C-2. The request has been recommended for approval by the Planning Department, approval by the Planning Advisory Board, and approval by the Zoning Board. It was continued by the City Commission Ciry of Miami Page 120 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 on February 23 to today. Chairman Gonzalez: All right. I think you did a presentation -- Commissioner Spence -Jones: Yeah, you know -- Chairman Gonzalez: -- the last time they were here -- Commissioner Spence -Jones: Yeah, and -- Chairman Gonzalez: -- so -- Commissioner Spence -Jones: -- I'm very fine with the project, so -- Chairman Gonzalez: All right. Let me ask -- this is a public hearing. Anyone from the public that wants to address the Commission in this item, please come forward. Seeing none, hearing none -- yes, ma'am. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. I only have one question, and the question is, when you combine those three lots, what is the maximum possible height you can build? Chairman Gonzalez: Lourdes. Commissioner Spence -Jones: Lourdes. Chairman Gonzalez:: There is a question: If you combine these three -- Ms. Slazyk: What was the question? Chairman Gonzalez: -- lots, what is the maximum amount of units that you can build or -- ? Commissioner Spence -Jones: On the -- Ms. Slazyk: This zoning is a C-2 zoning, which means it's 120 feet, period. Ms. West: Is that maximum? Chairman Gonzalez: All right. Ms. Slazyk: Maximum. Chairman Gonzalez:: All right. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones. Commissioner Spence -Jones: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion; we have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): On first reading. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 121 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. PZ.15 05-01555a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 221 NORTHWEST 38TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01555a Legislation.pdf 05-01555 & 05-01555a Exhibit A.pdf 05-01555a Analysis.pdf 05-01555a Zoning Map.pdf 05-01555 & 05-01555a Aerial Map.pdf 05-01555a ZB Reso.pdf 05-01555a Application & Supporting Docs.pdf 05-01555a FR Fact Sheet 02-23-06.pdf 05-01555a FR Fact Sheet 03-23-06.pdf First Reading REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 221 NW 38th Street APPLICANT(S): Alejandro C. Trasobares, Gregory M. Wood and Carlos Nunez, Owners APPLICANT(S) AGENT: Alejandro C. Trasobares, Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on January 23, 2006 by a vote of 7-1. See companion File ID 05-01555. PURPOSE: This will change the above property to C-2 Liberal Commercial. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Winton and Sanchez City of Miami Page 122 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Note for the Record: Please refer to Item PZ.14 for minutes referencing Item PZ 15. Chairman Gonzalez: PZ 15. Commissioner Spence -Jones: Thank you for your patience. Unidentified Speaker: Thank you. Lourdes Slazyk (Assistant Director, Planning & Zoning): That's a companion item, PZ 15. Chairman Gonzalez.: All right. This requires a public hearing. It's an ordinance. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Commissioner Regalado: Second. Chairman Gonzalez: We have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. Unidentified Speaker: Thank you. Chairman Gonzalez: Thank you. PZ.16 05-01514 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICTS TO "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICTS WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 4.6, FOR THE PROPERTY LOCATED AT APPROXIMATELY 530 NORTHWEST 1ST COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City of Miami Page 123 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 05-01514 Legislation.pdf 05-01514 Exhibit A.pdf 05-01514 Analysis.pdf 05-01514 Zoning Map.pdf 05-01514 Aerial Map.pdf 05-01514 ZB Reso.pdf 05-01514 Application & Supporting Docs.pdf 05-01514 FR Fact Sheet 01-26-06.pdf 05-01514 FR Fact Sheet 02-23-06.pdf 05-01514 Articles.pdf REQUEST: To Amend Ordinance No. 11000, from SD-16.2 Southeast Overtown-Park West Commercial -Residential Districts to SD-16.2 Southeast Overtown-Park West Commercial -Residential Districts with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 4.6 to Change the Zoning Atlas LOCATION: Approximately 530 NW 1st Court APPLICANT(S): Urbana Development, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on December 12, 2005 by a vote of 8-0. PURPOSE: This will change the above property to SD-16.2 Southeast Overtown-Park West Commercial -Residential Districts with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 4.6. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Winton and Sanchez Note for the Record: Please refer to Item PZ.14 for minutes referencing Item PZ 16. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ (Planning & Zoning) -- Chairman Gonzalez: PZ.16. Ms. Slazyk: PZ 16 is a request for a change of zoning in order to add the SD-19 overlay district to the property located at approximately 530 Northwest 1st Court. This was recommended for denial by the Planning Department and approval by the Zoning Board. The Planning Department's concern was the introduction of an SD-19 in this area. However, that being said, we believe that the project being proposed for this site is very beneficial to the area. It's going to be an office building, and that it's something that's very necessary in the area. It's just a concern about the SD-19, so -- but the Zoning Board did recommend approval. Lucia Dougherty: Good afternoon, again. Lucia Dougherty, with offices at 1221 Brickell Avenue. This is a proposed project that was continued, I believe, about two months ago at the City of Miami Page 124 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 request of Commissioner Spence -Jones. It is, again, an office building in -- Commissioner Spence -Jones: Overtown. Ms. Dougherty: Yes, and it's in the Overtown/Park West redevelopment district, and (UNINTELLIGIBLE) locate it -- here's the City of Miami Police Department. Here is the public storage area. These are transit parking lots, and this is a very interesting perspective here. This is a photograph taken from the building that the police -- the top of the police parking garage, and the new office building would go literally right in this space here that you currently see. The request is to do an SD-19 for precisely the same reason that we had asked for it at the last time because it's an office building, and it's an off ice building that, again, because of the floor plates, because nothing is excluded from FAR (floor/area ratio), we are requesting an SD-19. Without this SD-19, we would essentially be two floors less, and it really doesn't make the project viable as an office building, and frankly, there is an office building that is taller just next door that was done by Dade County right here. This is a brand-new office building. You don't see it in this photograph because it's right here. In this photograph, you would basically have it here, so the request is rather modest, we believe, and it's basically only because we are proposing an office building. We have already gone through the trouble of actually doing working drawings so that we can secure a building permit rather quickly in this area, so we would ask your approval of this SD-19. Chairman Gonzalez: All right. This is an ordinance and it requires a public hearing. Anyone from the public that wants to address the Commission, please come forward Ms. Dougherty: And Alfredo Gonzalez from my office, who is going to be passing out articles that basically tell you the things about office -- the lack of office space and the desirability of having new offices built in the City of Miami. These are recent articles within the last two months in both the Miami Today and the Miami Herald, and the Business Review. Chairman Gonzalez: All right. Anyone from the public that wants to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed Commissioner Spence -Jones. Commissioner Spence -Jones: Lucia, I just have a couple of questions on the project. First being first, the building itself is office -- Ms. Dougherty: Yes, ma'am. Commissioner Spence -Jones: -- and retail on the bottom, correct? Ms. Dougherty: Correct. Commissioner Spence -Jones: OK, so the retail itself will just kind of be in support of the existing businesses and buildings in the area? Ms. Dougherty: The retail is mostly going to be a restaurant -- Commissioner Spence -Jones: Um -hum. Ms. Dougherty: -- but some small retail -- service retail supporting the area, yes. Commissioner Spence -Jones: OK, and that was one. Ms. Dougherty: I do have the site --1 have the ground floor plans here somewhere. City of Miami Page 125 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: Yeah, I'd like to see them. Ms. Slazyk: I -- well, just -- Commissioner Spence -Jones: So, possible jobs will come from the retail space for, hopefully, the residents of Overtown, correct? Ms. Dougherty: Yes. Ms. Slazyk: I just want to put in the record real quick that what you're approving today is an SD-19 overlay, which is zoning for the property. Commissioner Spence -Jones: OK. Ms. Slazyk: The special district that they happen to be in will mean that whatever project they bring forward will need a Class II Special Permit, but you're not guaranteed that it's going to be an office because, once they get a zoning change -- the district permits retail, residential, other mixed uses -- it's not guaranteed to be an office, but at least we know that whatever does come is going to need a Class II Special Permit, so they will go through design review. Commissioner Spence -Jones: OK, and that was going to be my next question, you know, and I know that Mr. City Attorney's going to say to me, Mich -- you know, Commissioner, you can't guarantee that it's going to stay office space. 1 mean -- Ms. Dougherty: You can't, but you know what? We've already sold -- this is -- also, I forgot to tell you -- Commissioner Spence -Jones: Yes. Ms. Dougherty: -- this is a condo office. Commissioner Spence -Jones: OK. Ms. Dougherty: It's not just a regular office, and we've already sold a hundred percent of the -- Commissioner Spence -Jones: Oh. Ms. Dougherty: -- condo offices -- Commissioner Spence -Jones: OK. Ms. Dougherty: -- so -- and then, just to show you the retail. This is -- Commissioner Spence -Jones: Um -hum. Ms. Dougherty: -- the retail, probably going to be restaurant, that spills out to the terrace -- Commissioner Spence -Jones: OK. Ms. Dougherty: -- on the outside. This, again -- all of this purple that you see here is retail. Commissioner Spence -Jones: OK. Ms. Dougherty: This is a water feature, so it kind of walks into the lobby here, and the water feature inside, so -- City of Miami Page 126 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: OK. Ms. Dougherty: -- but all of this is outside terrace area. Commissioner Spence -Jones: OK. Can you put -- pick the present picture up? Yeah. Ms. Dougherty: This one? Commissioner Spence -Jones: No, not that one. The one -- Ms. Dougherty: The other one. Commissioner Spence -Jones: -- with the -- you can take it down. Yeah, OK. See the building. The -- your current building. Ms. Dougherty: The current building is not in this picture. Commissioner Spence -Jones: OK. That building right there. Ms. Dougherty: This is what we're going to propose. Commissioner Spence -Jones: Right. Ms. Dougherty: Uh-huh. Commissioner Spence -Jones: OK, well, that's what I mean. Ms. Dougherty: OK Commissioner Spence -Jones: The building in front of it. Ms. Dougherty: This belongs to -- yes, a woman, um -hum. Commissioner Spence -Jones: OK. I'm just curious. Has any conversations been had at all with -- and what was -- what's been the -- ? Ms. Dougherty: She came to one of our first meetings -- Commissioner Spence -Jones: Um -hum. Ms. Dougherty: -- and -- because she had some concerns, and now she is very supportive. Commissioner Spence -Jones: She's very supportive, OK. All right. OK, all right. Ms. Dougherty: So she's told everybody. Commissioner Spence -Jones: OK. You know 1 don't have a problem with the project. I think the project's definitely going to provide jobs to the area residents. My only concern is it, you know, possibly changing to something else, but Lourdes has assured me that, no matter what, it will come back for a Class -- Ms. Slaryk: It will go for a Class II and design review. It will not come back to this Commission as a Class IL City of Miami Page 127 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: But it will come back in front of -- Ms. Slazyk: It will go through the department. Commissioner Spence -Jones: -- somebody, right? Ms. Slazyk: Yes. Commissioner Spence -Jones: OK -- Ms. Slazyk: Yes. Commissioner Spence -Jones: -- so on that note, I will move it, but I'd like to also add to -- in me moving it, because it is in Overtown, 'cause that's what I consider it, Overtown, and I know I said it earlier, and I always say it, but I want to make sure that the residents, the contractors, the folks that could really benefit from participating on a project like this are included, and I know that I was told that, yes, we reach out to the contractors. Yes, we reach out to residents to get them involved somehow on the jobs and building, and a lot of time, that just does not happen, so I would really want to push hard on that once again because this particular project is in Overtown Ms. Dougherty: Thank you. Commissioner Spence -Jones: -- so you know -- and eventually -- Ms. Dougherty: Our clients -- Commissioner Spence -Jones: -- folks are going to be saying, in my district, in District 5 and in Overtown, there's a new building coming up, and they're not going to understand, so I would really want to make sure that they benefit from it coming there. Ms. Dougherty: Well, Jorge Arevalo is here, and he can -- Commissioner Spence -Jones: Jorge. Ms. Dougherty: -- address that if you'd like. Joe Arriola (City Manager): New wife, just got married. Commissioner Spence -Jones: Good. Is wife here? Mr. Arriola: Yes. Commissioner Spence -Jones: Wife, please make sure you tell Jorge, husband, in Overtown. Jorge Arevalo: Hi. How are you? For the record, my name is Jorge Arevalo. of the building. Yvette Arevalo: I'm the wife. Mr. Arevalo: And the wife. Ms. Arevalo: Yvette. to hire those folks I'm the developer City of Miami Page 128 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: OK. Mr. Arevalo: Yvette. As Lucia was saying, the project has been sold out. We're under contract in almost a hundred percent of the building. Everything is office space, except for the first level, which is retail space, and 1 think we are providing a great product that was needed in the area, especially in Overtown, which I believe has a lot of potential, and I want to be part of it; make it look pretty. Commissioner Spence -Jones: OK. Well, I definitely welcome you to Overtown, and I just want to encourage you, like I said to Lucia, definitely want to try to figure out a way -- I do understand that a lot of our contractors don't have the ability to go vertical or have the capacity to do these big projects, but there are a lot of little, small things that they can do, and if we're really trying to help everyone, then that's one small step. Mr. Arevalo: Absolutely. That's -- Commissioner Spence -Jones: OK. Mr. Arevalo: -- the idea. Commissioner Spence -Jones: Thank you. Welcome to Overtown. Mr. Arevalo: Thank you. Chairman Gonzalez: All right. We have a motion. We need a second. Commissioner Spence -Jones: Second. Chairman Gonzalez: No, you made a motion. Commissioner Spence -Jones: Oh. Motion, move -- yeah, that's right. Chairman Gonzalez: We have a motion and we have a second. Mr. City Attorney, it's an ordinance. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. Ms. Dougherty: Thanks very much. PZ.17 05-01525a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1919, 1927, 1935, 1945 First Reading City of Miami Page 129 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 AND 1965 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01525a Legislation.pdf 05-01525 & 05-01525a Exhibit A.pdf 05-01525a Analysis.pdf 05-01525a Land Use Map.pdf 05-01525 & 05-01525a Aerial Map.pdf 05-01525a & 05-01525b School Impact Review Analysis.pdf 05-01525a PAB Reso.pdf 05-01525a Application & Supporting Docs.pdf 05-01525a FR Fact Sheet 03-23-06.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1919, 1927, 1935, 1945 and 1965 SW 9th Street APPLICANT(S): Renaissance Pointe, LLC APPLICANT(S) AGENT: Javier F. Avff o, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor to City Commission on January 18, 2006 by a vote of 3-4. See companion File ID 05-01525. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Renaissance Pointe Major Use Special Permit. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Items PZ 17 and PZ 18 to the Commission meeting currently scheduled for April 27, 2006. Chairman Gonzalez: PZ 5. Lourdes Slazyk (Assistant Director, Planning & Zoning): I think we have a request for a continuance for 17 and 18, no? Lucia Dougherty: That's correct. Jorge L. Fernandez (City Attorney): Your vote that you just took applied to both 4 and 5, to the - Javier Avila: 4 and 5; they're companion items. Mr. Fernandez: -- extent that those are companion items. City of Miami Page 130 Printed on 9/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: All right. OK, good. Commissioner Sanchez: So move to defer 17 -- Ms. Dougherty: 17 and 18 to your next Commission meeting. Commissioner Sanchez: To April 27, so move. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Dougherty: Thank you very much. PZ.18 05-01525 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 39, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1919, 1927, 1935, 1945 AND 1965 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01525 Legislation.pdf 05-01525 & 05-01525a Exhibit A.pdf 05-01525 Analysis.pdf 05-01525 Zoning Map.pdf 05-01525 & 05-01525a Aerial Map.pdf 05-01525 ZB Reso.pdf 05-01525 Application & Supporting Docs.pdf 05-01525 FR Fact Sheet 03-23-06.pdf First Reading REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 1919, 1927, 1935, 1945 and 1965 SW 9th Street APPLICANT(S): Renaissance Pointe, LLC APPLICANT(S) AGENT: Javier F. Avino, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended of approval with a condition* to City City of Miami Page 131 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commission on December 12, 2005 by a vote of 7-1. See companion File ID 05-01525a. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Renaissance Point Major Use Special Permit. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Items PZ 17 and PZ 18 to the Commission meeting currently scheduled for April 27, 2006. Note for the Record: Please refer to Item PZ.17 for minutes referencing Item PZ 18. PZ.19 06-00155a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" AND "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00155a Legislation.pdf 06-00155 & 06-00155a Exhibit A.pdf 06-00155a Analysis.pdf 06-00155a Land Use Map.pdf 06-00155, 06-00155a & 06-00155b Aerial Map.pdf 06-00155 & 05-00155a School Impact Analysis.pdf 06-00155a PAB Reso.pdf 06-00155a Application & Supporting Docs.pdf 06-00155a FR Fact Sheet 03-23-06.pdf REQUEST: To Amend Ordinance No. 10544, from "General Commercial" and "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court APPLICANT(S): A-1 Management Corporation APPLICANT(S) AGENT: Javier F. Avino, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 1, 2006 by a vote of 5-0. See companion File ID 06-00155. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Avenue One Major Use Special Permit. City of Miami Page 132 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 CONTINUED A motion was made by Commissioner Sanchez to pass PZ 19 on first reading, but said motion died for lack of a second. A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sanchez, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Items PZ 19 and PZ.20 to the Commission meeting currently scheduled for Apri127, 2006. Chairman Gonzalez.: All right, 19, then. Lourdes Slazyk (Assistant Director, Planning & Zoning): Nineteen. PZ 19 is a request for a change of land use. It's also a companion item for -- with PZ20. The request here is for the property located at 1950 Northwest 1st Avenue and 1905 Northwest 1st Court. The request is from general commercial and industrial to restricted commercial. The recommendation from the Planning Department for the land use item was for denial, although it was recommended for approval by the Planning Advisory Board. PZ.20, which is the companion item, is a change of zoning from industrial and C-2 to C-1. This change of land use and zoning is for the proposal of a project called the Avenue One Major Use Special Permit, which you will be seeing when these items come back on second reading. Our concern on this item is very similar to the one we just saw earlier in the agenda, the Bird Road project; that this change of land use and zoning, it's a fairly large piece of property. It's one of those where once the Major Use comes forward, if the condition that we attached earlier on the agenda is attached to the Major Use, we'll have no further objections on this item, but without a condition tying them to design review, in the event that that Major Use Special Permit expires or is abandoned, it's almost like giving a little bit of a blank check for this property, so we -- in the second reading of these items, and with the Major Use, we'll probably be bringing forth that condition in order to -- Chairman Gonzalez: All right. Ms. Slazyk: -- remove our objections, but it -- Chairman Gonzalez: All right. Ms. Slazyk: -- was recommended for approval by the lower boards. Commissioner Sanchez: All right, but why don't we do something -- we could always vote it down on second reading. Ms. Slazyk: Yeah, that's what I'm saying. Commissioner Sanchez: All right, so let's just go ahead and approve it on first reading -- Ms. Slazyk: Exactly. Commissioner Sanchez: -- and give us an opportunity on second reading -- Ms. Slazyk: To consider -- Commissioner Sanchez: -- to -- Ms. Slazyk: -- the proposal, right. Commissioner Sanchez: -- consider it, so I'm prepared to do that now; make a motion approving it on first reading -- City of Miami Page 133 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: Before making a motion -- Commissioner Sanchez: Yeah. Chairman Gonzalez: -- anyone -- is anyone in opposition on this item? Commissioner Spence -Jones: Is -- Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address this item, please come forward. Seeing none, hearing none -- Lucia, do you want to put something on the record on this? Lucia Dougherty: Just for the record, Lucia Dougherty, with offices at 1221 Brickell Avenue, and I think that's a good idea. Chairman Gonzalez: All right. Commissioner Sanchez: All right. Chairman Gonzalez: Comes back to the Commission. Commissioner Sanchez: All right. I will make a motion to approve it on first reading. Chairman Gonzalez: A11 right. We have a motion. Do I have a second? No second The motion dies. Commissioner Sanchez: All right. I guess -- you want to go with the presentation today? Ms. Slazyk: Or you want to continue? OK. Unidentified Speaker: Yes, let's -- Commissioner Sanchez: You want to go with it? Because I think it's -- Unidentified Speaker: Please -- Commissioner Sanchez: My vibes up here tell me the votes aren't here for it. Ms. Dougherty: I think that once you hear what this project is about -- Commissioner Sanchez: All right. Ms. Dougherty: Is this in your district? Commissioner Sanchez: Good afternoon. Commissioner Spence -Jones: It's Overtown. Ms. Dougherty: Oh, OK Is it something that you wanted to continue to re -- to look at? Commissioner Spence -Jones: I definitely would love to do that. Ms. Dougherty: OK City of Miami Page 134 Printed on 9/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Sanchez: OK, so make a motion. Ms. Dougherty: So, we make -- Chairman Gonzalez: All -- Ms. Dougherty: -- a motion for -- Commissioner Spence -Jones: Can I motion to continue it? Commissioner Sanchez: Second Chairman Gonzalez: All right. We have a motion to continue 19 and 20, right? Ms. Slazyk: Right, to April 27? Chairman Gonzalez: Nineteen and twenty? Commissioner Spence -Jones: Yes, sir. Chairman Gonzalez: To April -- to next month, April 27? Commissioner Spence -Jones: That would be great. Chairman Gonzalez: We have a motion to continue 19 and 20 to April 27. We need a second. Yes, ma'am. No second yet. I need -- Commissioner Sanchez: All right. Chairman Gonzalez: -- a second on -- Commissioner Sanchez: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. It's been continued. Ms. Dougherty: Thank you very much. Chairman Gonzalez: Nineteen and twenty. PZ.20 06-00155 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL AND "C-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 135 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 06-00155 Legislation.pdf 06-00155 & 06-00155a Exhibit A.pdf 06-00155 Analysis.pdf 06-00155 & 06-00155b Zoning Map.pdf 06-00155, 06-00155a & 06-00155b Aerial Map.pdf 06-00155 ZB Reso.pdf 06-00155 Application & Supporting Docs.pdf 06-00155 FR Fact Sheet 03-23-06.pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial and C-2 Liberal Commercial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court APPLICANT(S): A-1 Management Corporation APPLICANT(S) AGENT: Javier F. Avino, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended of approval to City Commission on January 23, 2006 by a vote of 8-0. See companion File ID 06-00155a. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Avenue One Major Use Special Permit. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sanchez, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Items PZ.19 and PZ20 to the Commission meeting currently scheduled for April 27, 2006. Note for the Record: Please refer to Item PZ.19 for minutes referencing Item PZ.20. PZ.21 05-01505 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 26 NORTHWEST 30TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 136 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 05-01505 Legislation.pdf 05-01505 & 05-01505a Exhibit A.pdf 05-01505 Analysis.pdf 05-01505 Land Use Map.pdf 05-01505 & 05-01505a Aerial Map.pdf 05-01505 School Impact Review Analysis.pdf 05-01505 PAB Reso.pdf 05-01505 Application & Supporting Docs.pdf 05-01505 FR Fact Sheet.pdf 05-01505 Letter Lougheed.pdf 05-01505 Letter Vargas.pdf REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multi -Family Residential" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 26 NW 30th Street APPLICANT(S): 2994 North Miami Avenue, Inc. APPLICANT(S) AGENT: Javier F. Avif o, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor to City Commission on November 16, 2005 by a vote of 3-2. See companion File ID 05-01505a. PURPOSE: This will change the above property to General Commercial. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado Chairman Gonzalez: All right, 21. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ2I and 22 are companion items. This is for a change in land use and zoning. The property is located at 2944 North Miami Avenue -- 26 Northwest 30th Street, I'm sorry. The corporation is 2944 North Miami Avenue, Inc. The property is at 26 Northwest 30th Street. The request is from medium density multifamily residential to general commercial. The Planning Department has recommended denial. It's also been recommended for denial by the Planning Advisory Board, and the companion zoning change, which is from R-3, with an SD-12 overlay, to C-2, has also been recommended for denial by the Planning Department and approval by the Zoning Board This property is abutted by the C-2 district, but it is in R-3 medium density multifamily residential district. The change is not consistent with the land -- the underlying land use designation. The concern here is a potential for a domino effect with regard to the future zoning change applications for the area. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today representing a really unique industry in the City of Miami. It's an industry -- it's a piece of property called Miami Divers, and it's owned by Kevin Peters. It is located at 30th Street and North Miami Avenue. If you conceive City of Miami Page 137 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 of Midtown Miami, it is literally right here. This gentleman, Kevin Peters, invented a mechanism where he can repair -- and he's the only person in the world who can repair seals underwater for boats. He can repair propellers underwater for boats, so when Royal Caribbean, anywhere in the world, has a problem with a propeller, he flies a crew in to wherever they are in the world, repairs the propeller underwater, saving lots of money, and he's invented this mechanism. It is located in this district. It's been here for 25 years, and he's been in this location for the last 14 years, and what we are seeking today is a rezoning of one lot adjacent to his property -- and can you guys see this pretty good? -- this one lot, and it's for parking. He has 25 employees at this location. He has 150 worldwide, but he has 25 at this location. He's located also -- a company called Miami Divers in Curacao and Miami Divers in Long Beach, so this one lot here is for the purpose of parking his employee vehicles. We have the support of our neighbors on either side, and again, it's only for a parking lot, not even a structure. It is zoned R-3, which would allow you -- and it also is zoned SD-12, which allows parking, but you can only -- if you park here, you can only enter from the C-1, if you do it pursuant to SD-12. In other words, you'd have to come in through his building to enter it, and you couldn't -- that's impossible, so the neighbors on this street are supportive, and I have letters, which I'm going to read into the record. As of right, this R-3 could have a 65-unit, 50-foot building on it. That's what's permitted as of right today under the R-3, so if you wanted to develop the C-1 in the front here, you could actually go have unlimited height in the front and put a parking garage that's 50-foot high, and that would be totally permissible. All we're asking for -- to do is have ground floor parking. If you look across the street, there is already a parking lot that goes as far deep as this site is already. Actually, this is the front of their property currently, so you can just see it, and this is what -- something that's really interesting. If you go inside their building, this is what's inside their building, and they teach people how to drill underwater from all over the world. People come to Miami at 30th and North Miami to learn how to drill -- I mean, to under -- to weld underwater. It's a really unique facility. It's something that I think that we ought to support. We do agree with Lourdes. I think she asked me today if we would agree to a condition that if you don't -- that you would develop in accordance with Miami 21 if you change it from a parking lot, which we agreed to. Ms. Slazyk: You have to proffer it. Ms. Dougherty: I proffer that in the event we ever change to -- from the parking lot that we're proposing to support the services that we have on this site, that we will build in accordance with Miami 21. Chairman Gonzblez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones: I just have a couple -- I mean, I actually -- I ride by sites in my district, and I happened to go by this building just to kind of -- to look, and it is houses all attached to it. Is the own -- I'm just curious, Lucia -- is the owner of the company here with us today? Ms. Dougherty: He's on his way -- Commissioner Spence -Jones: Oh, he's on his way. Ms. Dougherty: -- like our -- all of our architects today. Commissioner Spence -Jones: No, but I was just curious, and it's 25 people employed currently there? Ms. Dougherty: Twenty-five people are employed at this site -- City of Miami Page 138 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: OK, where are they -- Ms. Dougherty: -- with no parking. Commissioner Spence -Jones: -- currently parking now? Ms. Dougherty: On the street, on the street. Commissioner Spence -Jones: In front of people's -- Ms. Dougherty: Exactly -- Commissioner Spence -Jones: -- area. Ms. Dougherty: -- which is why we have the support of our neighbors. Let me just read a couple of letters here. Chairman Gonzalez: All right. Commissioner Spence -Jones: OK -- Ms. Dougherty: Just a second. Commissioner Spence -Jones: -- I guess she wants to provide us copies of the letter, but I don't think that's necessary, Lucia. I mean, I think we all -- all of us would agree we need more jobs and we need to support as many businesses in the area -- Ms. Dougherty: Correct. Commissioner Spence -Jones: -- you know, and if parking is an issue -- and I do understand that Planning & Zoning, you know, feel that this would create an issue, you know, incringe [sic] -- correct? That's your feeling, right? Ms. Slazyk: Well -- Commissioner Spence -Jones: You feel like it will -- Ms. Slazyk: -- yeah. When you have such a clean zoning division line between one district and the other, the first property that changes has a potential of creating a domino effect -- Commissioner Spence -Jones: I know. Ms. Slazyk: -- and -- Commissioner Spence -Jones: Have we done it before? Ms. Slazyk: Through covenants and things like that, it can be done, but when you're looking at a -- you know, the Commission can consider covenants; we can't. Commissioner Spence -Jones: Right. Ms. Slazyk: We have to look at it on a pure -- Commissioner Spence -Jones: I under -- City of Miami Page 139 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Slazyk: -- land use and zoning. It's -- this is a very clean line. Commissioner Spence -Jones: I understand. Ms. Dougherty: But it isn't a clean line, if you look just north of here. If you look here, it's further -- Ms. Slazyk: 1 know. Ms. Dougherty: -- deeper into the district, and this is C -- this is R-1, not R-3. We're R-3; allowed 65 units per acre, 50-foot tall. Commissioner Spence -Jones: Yeah. Ms. Slazyk: Right. Ms. Dougherty: This is single-family -- Ms. Slazyk: R-2, right. Ms. Dougherty: -- and it goes further into the -- Ms. Slazyk: Right. Ms. Dougherty: -- neighborhood than what we're proposing. Ms. Slazyk: Again, it's -- the concern is a domino effect, so -- Commissioner Spence -Jones: And I understand. I just -- I'm just -- and I'm sure, especially -- Chairman Gonzalez: Yes, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yeah. 1-- this is first reading, and I'm fine with it. This is the first I hear of this proffer. Commissioner Spence -Jones: Yeah. Mr. Fernandez: I would need to scrutinize it very thoroughly, especially because reference was made to "according to Miami 21, " and you know, is this a conditional zoning. You know, we're changing both the comp. plan and the zoning atlas. I need to work with Lourdes and the applicant to make sure that, on second and final reading, whatever covenant is being proffered meets all the standards that you really need to consider, so I just don't want counsel for the applicant to get her hopes too high. Ms. Dougherty: OK, I won't. I found the file. As I have everybody over there looking for the file, it's right here, so anyway, I have the two letters from Lin Lougheed. He says, I support the Miami Diver, the owner of 26 30, in its bid to rezone the property to a private parking lot for the use of the staff and students. Miami Diver has been a part of Wynwood landscape for 25 years. The neighborhood needs such consistency as it enters into a period of change caused by commercial development in Midtown Miami. Miami Diver has been a good neighbor. It has cooperated with the Wynwood Arts District and allowed young artists to exhibit in the space. It's opened its doors to local students to visit the school and observe its training facilities. It's important for our neighborhood's youth to -- career options. Other institutions in the area should follow Miami Diver's example. Parking is necessary for Miami Diver's staff and student City of Miami Page 140 Printed on 9/13/2006 City Commission Meeting Minutes March 23, 2006 body. Miami Diver's plan to set back the street wall of the -- Commissioner Spence -Jones: Lucia, we get it. Ms. Dougherty: OK. Commissioner Spence -Jones: We know they love it. Ms. Dougherty: All right, very good. Commissioner Spence -Jones: We love it, too. We love it because it provides jobs, and they were there before everything else was going on in Wynwood, so we get it, so on that note, can I move this item? 'would like to move this item. We have to -- the City -- Mr. City Attorney, we do have -- we will have a second reading on this anyway, correct? Ms. Slazyk: Yes. Commissioner Spence -Jones: And hopefully -- Chairman Gonzalez: I have -- Commissioner Spence -Jones: -- staff and Lucia can get together and work out the details on this, so I move it. Commissioner Sanchez: Second. Chairman Gonzalez: There is a motion and there is a second, and let me tell you, Commissioner Spence -Jones. Independent of Miami 21 and all the restrictions that this government is trying to impose in everyone that is trying to do something in this City, you know, this government keeps insisting and intervening in private enterprise more and more and more, but that's the way it is. You -- I think you're doing a great thing here because you don't want to lose jobs in your district, and the reason that I fought so much to have a parking structure built in Allapattah was that we were going to start losing businesses and jobs, so it is very important, and I think that what you're doing here is very -- it's going to be very important to your district -- Commissioner Spence -Jones: Thank you, sir. Chairman Gonzalez: -- and it's an ordinance, Mr. -- Mr. Fernandez: Yes. Chairman Gonzalez: -- City Attorney. Mr. Fernandez: It is an ordinance on first reading. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez.: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. PZ.22 05-01505a ORDINANCE First Reading City of Miami Page 141 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 26 NORTHWEST 30TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01505a Legislation.pdf 05-01505 & 05-01505a Exhibit A.pdf 05-01505a Analysis.pdf 05-01505a Zoning Map.pdf 05-01505 & 05-01505a Aerial Map.pdf 05-01505a ZB Reso.pdf 05-01505a Application & Supporting Docs.pdf 05-01505a FR Fact Sheet.pdf 05-01505a Letter Lougheed.pdf 05-01505a Letter Vargas.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium -Density Residential with an SD-12 Buffer Overlay District to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 26 NW 30th Street APPLICANT(S): 2994 North Miami Avenue, Inc. APPLICANT(S) AGENT: Javier F. Avilio, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on December 12, 2005 by a vote of 7-1. See companion File ID 05-01505. PURPOSE: This will change the above property to C-2 Liberal Commercial. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado Note for the Record: Please refer to Item PZ.21 for minutes referencing Item PZ22. Chairman Gonzalez: PZ 22 -- Lourdes Slazyk (Assistant Director, Planning & Zoning): This is the -- Chairman Gonzalez: -- is the companion -- City of Miami Page 142 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Slazyk: -- companion. Chairman Gonzalez: -- item. Anyone from the public on -- that wants to address the Commission on PZ22, please come forward Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Sanchez: Which is this one (INAUDIBLE)? Commissioner Spence -Jones: It's -- Chairman Gonzalez.' It's an ordinance. Commissioner Spence -Jones: -- this is a -- Ms. Slazyk: This is the companion item. Chairman Gonzalez: It's a companion item. Commissioner Spence -Jones: So move it -- so move. Chairman Gonzalez: All right. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. PZ.23 05-01507 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 4350 NORTHWEST 10TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City of Miami Page 143 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 05-01507 Legislation.pdf 05-01507 & 05-01507 Exhibit A.pdf 05-01507 Analysis.pdf 05-01507 Land Use Map.pdf 05-01507 & 05-01507a Aerial Map.pdf 05-01507 School Impact Review Analysis.pdf 05-01507 PAB Reso.pdf 05-01507 Application & Supporting Docs.pdf 05-01507 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "High Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 4350 NW 10th Street APPLICANT(S): Five Properties, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 7, 2005 by a vote of 6-1. See companion File ID 05-01507a. PURPOSE: This will change the above property to High Density Multifamily Residential. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Winton and Regalado Chairman Gonzalez: PZ.23. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ23 and 24 are companion land use and zoning change item. The land use change is a -- this is a -- property's located at 4350 Northwest 10th Street. This is from medium density multifamily residential to high density multifamily residential, with PZ.24 being the companion zoning change from R-3 to R-4. It's been recommended for denial by the Planning Department, denial by the Planning Advisory Board, and denial by the Zoning Board Chairman Gonzalez: All right. Good afternoon. Lucia Dougherty: Good afternoon. Again, for the record, Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant. The owner is Victor Seijas, who owns this piece of property currently. It is zoned R-3, meaning you can have 65 units per acre, or a -- 65 units per acre or a 50-foot tall building. We are asking to go to an R-4, but we're keeping it at 75 feet, and the reason we're keeping it at 75 feet is because that's the maximum that Dade County will permit us to have, Dade County Aviation. We have a letter from Dade County Aviation because we actually applied prior to their new zoning, which would not let us have any kind of residential development in this area. It is our belief that this area -- and again, if you just look at the zoning classification here. Here is a C-2, 120 feet height limitation. City of Miami Page 144 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 It's the property that is directly across the street from this hotel, and it is right here, and it's -- we believe it's a residential use. It's not R-3. It's an upgrade to an R-4 that would permit you to redevelop this property. There's no reason to take this building down or to redevelop the property when you can't get something more for it, and we think we've gone through Urban Development Review Board, who liked the architecture. We do have the architect with us. We have gone through a Major Use Special Permit. What this requires, again, is a rezoning to -- from R-3 to R-4. We initially had asked for a C-1 classification or a C-2 classification, and the staff said that would be an intrusion of the commercial into the residential area, and since we didn't want to do commercial anyway -- we wanted only residential -- we modified our application, which is why we actually -- this has been over a year that we've applied for this, and we went through a Major Use Special Permit, which we also thought staff would support if they saw the project in connection with the rezoning, so we believe that this entire area is in desperate need of redevelopment because this is very typical of the kind of housing that's over there now, and if you'll look at the buildings that are actually the nicer buildings in this district, they're built to an R-4 classification, even though it's zoned R-3, so you must have downzoned this property some time after these buildings, which are the nicer ones in this district, were built. Again, the building that we're proposing is only 75 feet in height. We think it's very contextual and very nice in relationship to the rest of the buildings around, and -- Commissioner Sanchez: Very low. All right. Ms. Dougherty: -- that's all I have. Commissioner Sanchez: All right. Ms. Slazyk: There -- Commissioner Sanchez: It's an ordinance. Ms. Slazyk: -- is some additional information. This property, because of its proximity to the airport, we have had concerns by Miami -Dade Aviation and the Dade County Zoning Ordinance, with respect to the Dade County Aviation, and this project would not be in compliance with their current ordinance, and I believe we are required to enforce that ordinance. Jorge L. Fernandez (City Attorney): But it trumps -- Ms. Dougherty: We do have a letter from Dade County Aviation, as well as FAA (Federal Aviation Administration) permitting us to have this piece of -- this development at 75 feet because we preexisted their ordinance. Ms. Slazyk: But what about the density? My understanding is that you may not have preexisted their density limitations of two units per acre or something like that. Ms. Dougherty: No, we did. That's why -- we have a letter from Dade County Aviation, and as well as FAA. Mr. Fernandez: Well, before second reading, I would need proof that we're not going contrary to the County's ordinance, which in my opinion, would preempt and would prohibit this, unless Ms. Dougherty is able to show that they acquiesce, that she's vested, or that she applied before -- Commissioner Sanchez: So, well noted. Mr. Fernandez:: -- the zoning ordinance -- City of Miami Page 145 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: All right. Mr. Fernandez: -- came into effect. Commissioner Sanchez: Madam App -- Mr. Fernandez: Whatever it is that she's alluding -- with us, it's fine, but she needs -- and she understands that she also needs the County's approval. Commissioner Sanchez: So well noted. Ms. Dougherty: I do know that. Commissioner Sanchez: Madam Applicant, make sure (UNINTELLIGIBLE) -- Ms. Dougherty: I do know that. 1 do have the letter, and Patrick Range is looking for it. Chairman Gonzalez: OK. Commissioner Sanchez: All right. Anyway, we could see it in second reading, all right? This is an ordinance that requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. Commissioner Sanchez: Nina, you have two minutes. There's a new sheriff in town. Ms. West: Well, you're taking my time. This we are concerned about because we think it may be destroying affordable housing because what it's going to do, once the larger building comes into play, the taxes are going to go up, and then everything is going to be taxed around it, which is all investment property for highest and best use. Once it's taxed for highest and best use, people who are paying very moderate rents are going to work -- are going to be out of affordable housing, so where do they go? Well, the City keeps saying it's building affordable housing, and I think it's making a very good effort, but I think the housing should be in place before people are moved and before highest and best use taxes are forced on people who have no ability to put a cap on them. Thank you. Commissioner Sanchez: Thank you. All right. Chairman Gonzalez: All right. Commissioner Sanchez: Anyone else? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Mr. Chairman, you're recognized. Chairman Gonzalez: I, as the district Commissioner, and knowing the -- my neighborhoods the way I know my neighborhoods, I have to vote to approve this project because I think that neighborhood needs to start to have a change. Unfortunately, many people here don't -- you know, they get involved in other neighborhoods without even knowing where the neighborhood is at and what is happening in the neighborhood, but that's besides the point. Mr. Chairman, I move to approve this project. Commissioner Spence -Jones: Second. Commissioner Sanchez: All right. There's a motion and a second The item is under discussion. Hearting no discussion, it is an ordinance. Mr. City Attorney, read the ordinance into the City of Miami Page 146 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 record, followed by a roll call. Mr. Fernandez: PZ23, on first reading. The Ordinance was read by title into the public record by the City Attorney. Commissioner 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 passed on first reading, 3/0. Ms. Dougherty: Thank you very much. PZ.24 05-01507a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 27, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4350 NORTHWEST 10TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01507a Legislation.pdf 05-01507 & 05-01507 Exhibit A.pdf 05-01507a Analysis.pdf 05-01507a Zoning Map.pdf 05-01507 & 05-01507a Aerial Map.pdf 05-01507a ZB Reso.pdf 05-01507a Application & Supporting Docs.pdf 05-01507a FR Fact Sheet.pdf First Reading REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium -Density Residential to R-4 Multifamily High -Density Residential to Change the Zoning Atlas LOCATION: Approximately 4350 NW 10th Street APPLICANT(S): Five Properties, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended of denial to City Commission on January 9, 2006 by a vote of 7-2. See companion File ID 05-01507. City of Miami Page 147 Printed on 9/13/2006 City Commission Meeting Minutes March 23, 2006 PURPOSE: This will change the above property to R-4 Multifamily High -Density Residential. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Winton Note for the Record: Please refer to Item PZ.23 for minutes referencing Item PZ24. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ24 is the companion. Commissioner Sanchez: Twenty-four is the companion; it is also a resolution. Chairman Gonzalez: No, an ordinance. Ms. Slazyk: It's an ordinance. Commissioner Sanchez: Oh, it's an ordinance? I'm sorry. It's an ordinance. Is there a motion? Chairman Gonzalez: I'll move to approve. Commissioner Spence -Jones: Second. Commissioner Sanchez: There is a motion. Is there a second? Commissioner Spence -Jones: Second. Commissioner Sanchez: Second for the purpose of discussion. Before we open it up for discussion, 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. Any further discussion on the item? Hearing no discussion, 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. Commissioner Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Lucia Dougherty: Thank you very much. PZ.25 06-00123 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 18, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2" LIBERAL COMMERCIAL TO "C-2" LIBERAL COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING First Reading City of Miami Page 148 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 THE F.A.R. TO 2.1, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2951 NORTHWEST 36TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00123 Legislation.pdf 06-00123 Exhibit A.pdf 06-00123 Analysis.pdf 06-00123 Zoning Map.pdf 06-00123 Aerial Map.pdf 06-00123 ZB Reso.pdf 06-00123 Application & Supporting Docs.pdf 06-00123 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from C-2 Liberal Commercial to C-2 Liberal Commercial with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 2.1 to Change the Zoning Atlas LOCATION: Approximately 2951 NW 36th Street APPLICANT(S): Sherman Development Company, LLC APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 9, 2006 by a vote of 9-0. PURPOSE: This will change the above property to C-2 Liberal Commercial with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 2.1. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Winton Commissioner Sanchez: 25. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.25 is a request for a change of zoning in order to add the SD-19 designated FAR (floor/area ratio) overlay district to a property located at 2951 Northwest 36th Street. The requested FAR is an FAR of 2.1. The underlying zoning classification is a C-2 with a 1.72 FAR. We have recommended denial because we believe that the SD-19 -- that they could achieve the FAR they're looking for by going through a Major Use Special Permit and getting the bonuses and making the affordable housing trust fund contributions, that other developers -- development has done. The 2.1 is achievable without the precedent of the SD-19 overlay. Therefore, we recommended denial. The Zoning Board, however, did recommend approval of the request. Commissioner Sanchez: All right. Mr. Fernandez, you're recognized. Ben Fernandez: Good evening -- or good afternoon, Mr. Chair, members of the Board Ben Fernandez, 200 South Biscayne Boulevard, with the law office of Bercow & Radell. I'm here City of Miami Page 149 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 today on behalf of Sherman Development Company, the property owner. With me is Mr. Bruce Arthur, our project architect, and Mr. Jeffrey Sherman, our principal, should be walking in any minute. I think he was delayed a little bit by the weather. This property is in the heart of Allapattah. It's approximately an acre in size. It is -- those of you that are familiar with Allapattah, it's where the old Miami -Dade County emissions testing facility used to be located. It is very close, within steps from Melrose Elementary, and we think it's a very appropriate site for a residential mixed -use development such as this, and that's why the Zoning Board recommended approval of this application, and we think that -- the reason we're asking for the SD-19 is simply to provide an additional 14,000 square feet. This isn't a 50,000 square foot property that would just a Major Use Special Permit, so we're here to answer any questions that you have regarding the application. We have support from our adjacent property owners, and with that, I'll close my comments. Thank you. Commissioner Sanchez: All right. Is there anyone in opposition to this item? The public hearing is open. Is there anyone in opposition? Please step forward and be recognized. Seeing none, hearing none, the public hearing is closed -- Chairman Gonzalez: Mr. Chairman -- Commissioner Sanchez: -- coming back -- Chairman Gonzalez: -- I'll move -- Commissioner Sanchez: -- to the Commission. Chairman Gonzalez: -- PZ25. It's -- Commissioner Spence -Jones: Second Chairman Gonzalez: -- after many, many years -- Commissioner Sanchez: All right. There's a motion, Madam Clerk, by the Chair, second by Spence -Jones. The item is -- Chairman Gonzalez: After many -- Commissioner Sanchez: -- under discussion. Chairman Gonzalez: -- many years of deterioration of Northwest 36th Street, this begins the revival of Northwest 36th Street finally, finally. Because after the riots of -- I can't remember what year that was -- 36 Street went downhill to the real, real bottom, and now we're starting to see the rebirth of this community and this neighborhood, so I'm in support of this project. Commissioner Regalado: And the plane crash, remember. Chairman Gonzalez: Pardon me? Commissioner Regalado: And the plane crash. Chairman Gonzalez: And the plane crash. Commissioner Regalado: Plane crash was -- Chairman Gonzalez: Two of them -- City of Miami Page 150 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Regalado: -- right -- Chairman Gonzalez: -- right? Commissioner Regalado: -- there. No, no, the one with the Christmas trees -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- remember? It was right there, on 29th and 36. Commissioner Sanchez: All right. Chairman Gonzalez: On 29 and 36. Commissioner Sanchez: It's an 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. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Mr. Fernandez: Thank you very much. PZ.26 06-00154 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICTS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 621, 635 AND 645 SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00154 Legislation.pdf 06-00154 Exhibit A.pdf 06-00154 Analysis.pdf 06-00154 Zoning Map.pdf 06-00154 Aerial Map.pdf 06-00154 ZB Reso.pdf 06-00154 Application & Supporting Docs.pdf 06-00154 FR Fact Sheet.pdf First Reading REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Comerical to SD-7 Central Brickell Rapid Transit Commercial -Residential Districts to Change the Zoning Atlas City of Miami Page 151 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 LOCATION: Approximately 621, 635 and 645 SW 3rd Avenue APPLICANT(S): Erika Enterprises, Contract Purchaser and Julia & Eddy Sabugo, Owners APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended of approval to City Commission on January 23, 2006 by a vote of 5-3. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential Districts. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Winton and Sanchez Chairman Gonzalez: All right. PZ26. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ26 is a request for a change of zoning for the properties located at 621, 635, and 645 Southwest 3rd Avenue. The request is to change the zoning from C-1 restricted commercial to SD-7, Central Brickell Rapid Transit Commercial District. The Planning Department has recommended denial; the Zoning Board has recommended approval. Our concern -- this is the third such case you're seeing in the West Brickell area where the C -- the zoning districts are being replaced with SD-7. SD-7 happens to be one -- I think, the third highest FAR (floor/area ratio) zoning classification in the City. It's meant to be within the, you know, Brickell and Central Brickell area, and this is in the West Brickell area. We believe that the permissible FAR is too high for this area, so we have recommended denial. Chairman Gonzalez: Is this in Commissioner Winton's district? Lucia Dougherty: It is. Chairman Gonzalez: All right. Ms. Dougherty: Again, Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and with me is Sandy O'Neil, as well as our architect, Larry Klein, from Spillis and Candela. I just wanted to pass out a article dealing with our client, who apparently is also missing in action because of the weather. He is a out-of-town client that has not -- this is his first project in the City of Miami, and it's going to be an office building, which is an unusual thing to have happen in the City of Miami. There hasn't been an office building built since the Espiritu Santo building on Brickell Avenue, in a very long time. Although, if you read in the newspapers, the vacancy rate last year was 14 percent, and now it's only 5 percent, so there is getting to be more and more desire to have office buildings and new office buildings. The property is located -- let's see. Here is the storage building you see from City Hall. Here is that pub -- the SBS [sic], used to be Eckerd's Drug store. Here is the Publix that you see from City Hall, and here is the site in question. This entire block, the entire block is zoned SD-7, so this one lot is the only one that would not be zoned SD-7, and what we're requesting today is to proffer to you a covenant, a covenant that would hold our FAR to the same as what these other ones have -- actually, this one -- suggested that they would hold their FAR to, and that's 4.5, if it was going -- 4.25, was it, or -- ? City of Miami Page 152 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Slazyk: Four point two five for residential. Ms. Dougherty: Four point two five for residential and five point five for office, and you may say why do you want a derence in office. It's essentially the same sized building, but what happens in a residential, this -- let me show you the proposed project. If this was a residential project, this restaurant floor would not be included in FAR. His Bachelor corporate offices, the management offices for this building would not be counted towards FAR, so what we're asking for is essentially the same thing, and what we're proposing as a covenant is the same covenant that you proposed for this property, is that if it was being built for residential, we would limit ourselves to a 4.25 FAR. However, if we're to build office, we will limit ourselves to 4.5 and a height limitation of 373 feet to the tallest tower, so with that proffer, we would urge your approval of this rezoning. Chairman Gonzalez: All right. Lourdes, are you OK with that? Ms. Slazyk: Yeah. The proffer of the covenant makes it consistent with what the Commission approved next door, and if the Commission were to accept that, we'd have no objections. Chairman Gonzalez: Very good All right. This is a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. It comes back to the Commission. Commissioner Regalado: Is it going -- Chairman Gonzalez: I need a -- Commissioner Regalado: -- to have an Outback? It's afranchise, right? Ms. Dougherty.: Interesting. No, it's probably Ruth Chris. Commissioner Regalado: Oh. Ms. Dougherty: Ruth Chris is what we're looking at right now. Commissioner Regalado: High class. Chairman Gonzalez: We need a motion. Do I hear a motion? Commissioner Regalado: I'll move to -- Commissioner Spence -Jones: Second. Commissioner Regalado: -- approve. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Chairman Gonzalez: Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 153 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Thompson: The ordinance has been passed on -- PZ.27 06-00140 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 9, SECTION 917.7.2 IN ORDER TO AMEND THE NAME OF THE COMMUNITY REVITALIZATION DISTRICTS (CRD) TO NEIGHBORHOOD DEVELOPMENT ZONES (NDZ); AMENDING THE BOUNDARIES THERETO AND TYING THE BOUNDARIES TO THOSE SPECIFIED IN THE CITY OF MIAMI CONSOLIDATED PLAN FISCAL YEARS 2004-2009, AS MAY BE AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00140 Legislation.pdf 06-00140 Map.pdf 06-00140 PAB Reso.pdf 06-00140 FR Fact Sheet 02-23-06.pdf 06-00140 FR Fact Sheet 03-23-06.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 18, 2006 by a vote of 7-0. PURPOSE: This will amend the references and boundaries of the former CRDs to reflect the new NDZs as identified in the current City of Miami Consolidated Plan Fiscal Years 2004-2009. DEFERRED PZ.28 06-00260 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ARTICLE 4, SECTION 401 OF THE ZONING ORDINANCE, AS AMENDED, IN ORDER TO MODIFY THE HEIGHT LIMITATIONS WITHIN THE C-2 LIBERAL COMMERCIAL ZONING DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommend approval to City Commission on February 15, 2006 by a vote of 6-0. City of Miami Page 154 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 PURPOSE: This will modify height limitations within C-2. 06-00260 Legislation.pdf 06-00260 PAB Reso.pdf 06-00260 FR Fact Sheet.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Chairman Gonzalez: All right. Let me go back to PZ28 now. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ28 is a first reading ordinance to amend the text of Zoning Ordinance 11000. The way our C-2 district currently reads, it says that your height limit is either ten stories or 120 feet, whichever is less. This has become a sort of confusing factor in the stories. What do you mean by stories? How many feet is in a story? And the direction we're going in with a form -based code, as Miami 21 moves forward is to have height limits that are addressed in -- that are absolute limits, not this or this, so what we're trying to do is clean this up as an interim measure; that the intended height was 120 feet, and we want to strike the language "or ten stories, whichever is less," so this has been recommended for approval by Planning and approval by the Planning Advisory Board. It's kind of a cleanup of the intention of the height limit of C-2. Chairman Gonzalez: All right. This is an ordinance and it requires a public hearing. Anyone from the public that wants to address the Commission, please come forward Seeing none, hearing none, the public hearing is closed We need a motion either to -- Commissioner Regalado: I'll move it for discussion. Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. We have a motion and we have a second for discussion. Commissioner Regalado. Commissioner Regalado: You said that -- thank you, Mr. Chairman -- this is to clean the language -- Ms. Slazyk: For the height limits of C-2, yes. Commissioner Regalado: -- the height limits. The height limit doesn't change. Ms. Slazyk: No. It stays at 120 feet. It just gets rid of the language that says, "or ten stories, whichever is less." You probably noticed some projects have come before you, some of the MUSPs (Major Use Special Permits) have, with variances because they have C-2; they want to do a building of 120 feet, but it's 11 stories, and then they come before you for a variance for one story, or you know, the -- it's sort of a mixed message kind of height limit. It's either ten stories or 120 feet. You almost want to say, well, which is it? You know, so in order to clean it up and head in the direction where we're heading with a form -based code, we're cleaning it up to just say it's 120 feet, period. Commissioner Regalado: OK, but you know, that is the right thing to do, but the perception is that Miami 21 is going to take long, long time. Ms. Slazyk: No. City of Miami Page 155 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Regalado: If we are in the business of jumping ahead, of Miami 21, it means that it would take long, and by the way, how long would it take? Ms. Slazyk: Well, I think Ana just announced earlier -- and Otto's here. He could probably address it, but we're hoping in the late spring and summer to begin the public meetings for Miami 21 so that we can adopt some time in the fall, so it's moving forward. Commissioner Regalado: OK. Chairman Gonzalez: All right. Commissioner Regalado: Doesn't make sense to me. Chairman Gonzalez: Any further discussion on PZ28? All right. We have a motion and we have a second. It's an ordinance. Mr. City Attorney, read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.29 06-00261 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, OF THE CODE OF THE CITY OF MIAMI, ENTITLED "MOTOR VEHICLES AND TRAFFIC", BY AMENDING ARTICLE V, IN ORDER TO MODIFY THE REQUIREMENTS FOR PARKING IN THE SD-8 SPECIAL ZONING DISTRICT AS SPECIFIED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 06-00261 Legislation.pdf 06-00261 PAB Reso.pdf 06-00261 FR Fact Sheet.pdf REQUEST: To Amend the Miami City Code APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommend approval to City Commission on February 15, 2006 by a vote of 6-0. PURPOSE: This will amend the Miami City Code in order to modify the requirements for parking in the SD-8 special zoning district. Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 156 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Direction to the Administration by Commissioner Spence -Jones to meet with Art Noriega from Off -Street Parking, before second reading of the proposed ordinance, to discuss any issues he may have with said ordinance. Note for the Record: Chairman Gonzalez expressed a desire to utilize the same concept in the proposed ordinance in Allapattah, especially around 20th Street. Chairman Gonzalez: PZ 29. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ29 and 30 are actually companion items. This is creating a parking trust fund district for the Design District, similar to what we have in Coconut Grove. This accomplishes, you know, two very good things, we believe, for the Design District. First of all, by having a trust fund in place, the Department of Off -Street Parking will be able to go in and consolidate some of the parking needs not only for existing buildings that were built with insufficient parking to be able to create more public parking for the Design District, but as new buildings come on-line in the Design District, they could pay for their parking spaces, instead of providing them onsite, which will reduce the height of those parking pedestals, and keep the buildings a little bit more -- a little bit lower, and create more pedestrian friendly urban edges for the Design District. PZ.29 is the actual creation of the trust fund in the City Code, and PZ 30 is the amending language for the zoning ordinance that allows you to get a waiver of your parking if you pay into the trust fund pursuant to the language in PZ.29. The Planning Advisory Board recommended approval unanimously of both of them, and we recommend approval. Vice Chairman Winton: So move. Commissioner Spence -Jones: Second, but discussion. Chairman Gonzalez: OK. We have a motion and we have a second. Discussion, Commissioner Spence -Jones. Commissioner Spence -Jones: I just wanted to make sure -- I just spoke to Otto on this -- that City parking authority, Art -- you know, I asked him to brief me on the Coconut Grove one that you guys did, and there's some key things in here that he thought was really important to share with us on this issue. He really wanted to defer it really and -- but I'm going to go ahead and -- you know, we pass it -- Ms. Slazyk: Yeah, 'cause he can -- Commissioner Spence -Jones: -- today -- Ms. Slazyk: -- come on second reading and -- Commissioner Spence -Jones: Yeah. Well, I'd like for you guys to get -- Ms. Slazyk: OK. Commissioner Spence -Jones: -- together before then -- Ms. Slazyk: OK. Commissioner Spence -Jones: -- because he felt there was some stuff that was a little -- City of Miami Page 157 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Vice Chairman Winton: Good. Commissioner Spence -Jones: -- messy, and I want to kind of tighten it up before it comes back. Ms. Slazyk: Sure, sure. Commissioner Spence -Jones: OK. Ms. Slazyk: 1 did actually e-mail (electronic mail) the ordinance, I forgot when, maybe a week or two ago, and I just haven't been able to sit down with him, but we met with him when we initiated the ordinance -- Commissioner Spence -Jones: Yeah. Ms. Slazyk: -- so that's a great idea, and I'll do that before second reading. Commissioner Spence -Jones: OK. Chairman Gonzalez: 1 also had some concerns about this, and my concerns were that maybe we could utilize this same concept in Allapattah -- Vice Chairman Winton: I would think so. Commissioner Spence -Jones: Yeah. Vice Chairman Winton: Absolutely. Chairman Gonzalez: -- especially around 20th Street -- Vice Chairman Winton: You bet. Chairman Gonzalez: -- where -- Ms. Slazyk: Oh, near the -- Chairman Gonzalez: Right now, we have a -- Ms. Slazyk: -- Civic Center. Chairman Gonzalez: -- situation where we have a big building -- Vice Chairman Winton: Right. Commissioner Spence -Jones: Yep. Chairman Gonzalez: -- that doesn't have any parking, and it has just been sold. It used to belong to, I think it was BellSouth. They had a plant there, BellSouth. They didn't require parking at the time. Now, they sold it. Whatever they're going to do there, they're going to need parking. Vice Chairman Winton: And I think we find in the Grove that while, you know, there's no one single silver bullet that solves any of these problems -- Chairman Gonzalez: Yeah, but -- City of Miami Page 158 Printed on 9/13/2006 City Commission Meeting Minutes March 23, 2006 Vice Chairman Winton: -- it becomes one more in a series of tools that you link together that the number of them combined can help solve the problem -- Chairman Gonzalez.: Can help solve the problem. Vice Chairman Winton: -- and 1 would support you putting one in place in Allapattah in a minute -- Ms. Slazyk: Yeah. Vice Chairman Winton: -- because I think it is a great tool that we have at our disposal that becomes one of three or four or five that you could put together that will get us the funding we need to do what we need to do. Chairman Gonzalez: Exactly. Ms. Slazyk: All right. When I meet with DOSP (Department of Off -Street Parking) on this, on the issue for the cleanup for the SD-8 one, I'll speak to them about that one because it's important, like with this one and with the Grove, that we meet with them early on and make sure that we coordinate the area, the boundaries, and their feasibility in being able to do it, so I'll do that. Chairman Gonzalez: So, you know that -- Ms. Slazyk: I'll do that -- yes. Chairman Gonzalez: -- I want Allapattah to be -- Ms. Slazyk: Yes, absolutely. Chairman Gonzalez: -- included in this. 1 think this is very important. I think it's a bright idea - Vice Chairman Winton: It's a great idea. Ms. Slazyk: Right. Out of curiosity, you said -- Chairman Gonzalez: -- what you're doing in here, Johnny. Ms. Slazyk: -- 20th Street, do you know from where to where on -- Vice Chairman Winton: Well, why don't you -- Ms. Slazyk: -- 20th Street? Vice Chairman Winton: -- I would suggest you meet, get -- Chairman Gonzalez: I will say from 17th Avenue -- Vice Chairman Winton: -- together with them and -- Chairman Gonzalez: -- to 22nd Avenue -- Ms. Slazyk: OK. City of Miami Page 159 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: -- from 20th Street to 23rd Street, which is actually the major commercial corridors. Vice Chairman Winton: Yeah. Ms. Slazyk: OK All right. Chairman Gonzalez: All right, so we have a motion and we have a second. Commissioner Regalado, any comments? Commissioner Regalado: No, sir. Chairman Gonzalez: No? It's an ordinance. Mr. City Attorney. Vice Chairman Winton: What? Chairman Gonzalez: I'm sorry. It's a public hearing. Anyone from the public, please come forward. Nina West: I think that BICs (Business Improvement Committees) are a good way to build parking garages, but I have a question, as a property owner, and a member of the Buena Vista East Historic Neighborhood Association, which is right next to the Design District, so this is Commissioner Spence -Jones district abutting Commissioner Winton's district, and one of the concerns that we have in Buena Vista Heights is, as these buildings are getting parking waivers, what is the concurrency of garages, and what will force them to use these garages? I mean, there was a building built in Coconut Grove, where the office building is renting space from the Oak Street Garage. They made some kind of an arrangement over there next door, and our major concern with these districts is they reduced the required parking, and they're allowed to pay into the off-street parking. Do we own property there where we're going to have garages? I mean -- Vice Chairman Winton: Not necessarily. Ms. West: Right, so we may -- Vice Chairman Winton: We may or may not own property. Ms. West: -- be -- Otto Boudet-Murias (Chief Planning & Economic Development): Yeah. Ms. West: -- sell -- Vice Chairman Winton: Do we? You say we own property there? Mr. Boudet-Murias: Mr. Chairman, the parking authority does own property in the area, and their intent is to build a parking garage in the Design District. Ms. West: And do you know how many -- what's the capacity for that? Mr. Boudet-Murias: I do not know that number. They've been -- OK. Santiago Echemendia: Santiago Echemendia, 1441, on behalf of Dacra, in the Design District. In concert with the Off -Street Parking Authority, we're building about a 450-stall parking garage, and we are supportive of this ordinance. We wanted to thank Otto and Lourdes, and the City of Miami Page 160 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 rest of the staff for proposing it. It's kind of tied to the building of the garage, the passage of this ordinance, so we would urge you to go ahead and move it, and we can do whatever tweaking before the second reading relative to some of the Off -Street Parking issues. Thank you. Chairman Gonzalez: All right. Vice Chairman Winton: But let me hit on that point one more -- as an additional point because, in this particular instance, we -- it's just -- it just so happens that we do own land, but in Allapattah, we may not own any land -- Chairman Gonzalez.: Yeah. Vice Chairman Winton: -- and somewhere else, we might put one of these, we may not own any land, and this becomes one of the tools that you tie together -- Ms. Slazyk: To buy the land. Vice Chairman Winton: -- where you use this and this and this that gets you the money that you need to go buy the land and build a parking garage -- Ms. Slazyk: Exactly. Vice Chairman Winton: -- so it's just one of a number of tools that you can put in place — Ms. Slazyk: Yeah. Vice Chairman Winton: -- that allows you to finally get parking where you need parking in areas that are built out; they can't build parking structures. We don't want them building big parking structures -- Ms. Slazyk: Exactly. Vice Chairman Winton: -- in the first place because that screws up a lot of things, and -- so this gives you a better alternative. Ms. Slazyk: Yeah. If you remember in the Grove, it took -- Ms. West: We're not in favor of the BICs. Vice Chairman Winton: Yeah, I know, right, but I -- Ms. Slazyk: In the Grove, it took -- Vice Chairman Winton: -- just wanted you to -- Ms. Slazyk: -- a couple years -- Vice Chairman Winton: -- hear that piece of it -- Ms. Slazyk: Yeah. Vice Chairman Winton: -- Nina. Ms. Slazyk: In the Grove, it took a couple of years, and I remember people getting very antsy about it, and then finally the garage was under construction, and it took them that amount of City of Miami Page 161 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 time to get the money they needed to move it forward, so you're correct. Chairman Gonzalez: All right. We had a motion and we had a second. It's an ordinance. Mr. City Attorney, please read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.30 06-00261a 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 608.10, IN ORDER TO MODIFY THE REQUIREMENTS FOR PARKING IN THE SD-8 SPECIAL ZONING DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 06-00261a Legislation.pdf 06-00261a PAB Reso.pdf 06-00261a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommend approval to City Commission on February 15, 2006 by a vote of 6-0. PURPOSE: This will amend the Zoning Ordinance in order to modify the requirements for parking in the SD-8 special zoning district. Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Note for the Record: Please refer to Item PZ.29 for minutes referencing Item PZ.30. Lourdes Slazyk (Assistant Director, Planning & Zoning): And PZ 30 is the companion one, which amends the zoning ordinance. Chairman Gonzalez: All right. Anyone -- Vice Chairman Winton: So move. Chairman Gonzalez: This requires a public hearing. It's also an ordinance. Anyone from the public that wants to address the Commission on PZ30? Seeing none, hearing none, the public City of Miami Page 162 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 hearing is closed We need a -- I need a motion. Commissioner Spence -Jones: Second. He just -- Chairman Gonzalez: I need a motion. Vice Chairman Winton: Oh, so move. I'm sorry. Commissioner Spence -Jones: Second. Priscilla A. Thompson (City Clerk): It was moved by Commissioner Winton. Chairman Gonzalez: Yeah. It was moved by -- Commissioner Spence -Jones: That's what I thought. Vice Chairman Winton: Yeah. I -- Chairman Gonzalez: -- Commissioner -- OK. Vice Chairman Winton: -- move -- sorry. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. 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.31 05-01484 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW SIDE YARD SETBACKS OF 5'0" (10'0" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 238 NORTHWEST 63RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City of Miami Page 163 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 05-01484 Legislation (Version 2).pdf 05-01484 Exhibit A.pdf 05-01484 Legislation (Version 3).pdf 05-01484 Exhibit A.pdf 05-01484 Appeal Letter.pdf 05-01484 Analysis.pdf 05-01484 Zoning Map.pdf 05-01484 Aerial Map.pdf 05-01484 ZB Reso.pdf 05-01484 Application & Supporting Docs.pdf 05-01484 Plans.pdf 05-01484 Fact Sheet 02-23-06.pdf 05-01484 Fact Sheet 03-23-06.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0195 Chairman Gonzalez: All right. PZ 31. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 31 is an appeal of a variance. It's a decision of the Zoning Board. The request is for the property located at 238 Northwest 63rd Street. The request was for a side yard setback of five feet where ten feet was required. The Planning Department recommends approval of the variance and approval of the appeal. The Zoning Board had denied the variance. This is -- this property is a 40-foot wide property. It's a substandard lot, and we believe that it does constitute hardship, so we recommend approving the appeal and granting the variance. Vice Chairman Winton: So moved. Commissioner Spence -Jones: I have a question. Jorge L. Fernandez (City Attorney): Well -- Chairman Gonzalez: All right. Ms. Slazyk: The appellant -- Chairman Gonzalez: Yes, Mr. City Attorney. Mr. Fernandez: No. Just want to make sure that the appellant was like the word says, unsuccessful at the Zoning Board. The Zoning Board turned him down, turned down the recommendation that staff had made, so he's here now appealing, but you need to conduct this as an appellate proceeding because we're still under that period of time -- Vice Chairman Winton: Oh. Mr. Fernandez: -- as I've explained to you, so you're very limited as to what you can do today, and if you allow me to review for you what your options are so that this hearing can be conducted expeditiously -- Chairman Gonzalez: OK. City of Miami Page 164 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Fernandez: -- and fairly -- Chairman Gonzalez: Yes, we need to do that. Mr. Fernandez: -- to all the parties. You're limited to the record below. You cannot hear new evidence from anyone. This is not a de novo hearing. You cannot hear the applicant. You cannot hear anyone else, other than when the applicant makes legal arguments basing himself on the record below. He's not allowed to introduce new extraneous evidence. He may repeat what the record says. He may explain to you how it is that the Zoning Board failed to apply some of the standards that I will read to you right now, so in considering the appellant position, you have to make only three considerations. You have to determine whether the Zoning Board afforded everyone procedural due process. Did the Zoning Board, when they heard this matter, allow him to speak, allow him to present evidence, allow him to present testimony, allowed the neighbors, allowed everyone to have a full hearing? If you determine from the record that you have in your packet that the Zoning Board, in fact, afforded them procedural due process, then you have one checkmark, and you're ready to go to the next. The next one is whether the Zoning Board, when they considered this, applied the correct law, they applied the correct provision of the Code and ordinances in reaching its decision. You're limited, again, to argument -- legal arguments that he can make basing yourself on the record. If you determine that the Zoning Board applied the correct law, then you have to uphold what the Zoning Board did, and then the third thing you consider is if there is competent substantial evidence on the record that would allow the Zoning Board to have made the decision they did. If you find that they didn't take competent substantial evidence, that the evidence they took was evidence that was really not related or relevant to the issue, then you may make a different decision than what the Zoning Board made, but if you find from the record that they heard competent substantial evidence, that they applied the correct law, and that they gave everybody procedural due process, you're duty bound to uphold the decision of the Zoning Board. You have three options, in essence. If you find that the Zoning Board has met those three criteria, you affirm the decision of the Zoning Board. If you found that on any one of those three criteria, the Zoning Board missed it, then you can reverse, and then the third option you have is that you may remand. The Commission may find that there was no substantial competent evidence presented to the Zoning Board necessary to support its decision. Thus, you, the City Commission, may remand the matter back to the Zoning Board for it to perform the appropriate finding and determination. Do you understand your options? Very limited presentation by the appellant; very, very limited presentation by anybody else who would be opposing him; all has to be issues that they've already presented to the Zoning Board, and then you make the decision on those three basis. Chairman Gonzalez: All right. Yes, sir. Leopoldo Ron-Pedrigue: OK. Chairman Gonzalez.: You're recognized. Mr. Ron-Pedrigue: My name is Leopoldo Ron-Pedrigue, 8528 Northwest 111 Court, Miami, 33178. We only want to say that we think that that neighborhood deserves a beautiful house. In 20 feet wide, you can't build two -car garage; two -car garage, you need 22 feet wide, and that's why the reason that we request to get the five feet in each side, and we can build a 30-feet wide house. Chairman Gonzalez: Mr. City Attorney. Mr. Fernandez: Apparently, you made the same presentation to the Zoning Board, correct? Chairman Gonzalez: To the Zoning Board. City of Miami Page 165 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Ron-Pedrigue: Well, more -- I don't make the presentation. My partner make, but more or less, it's the same. Mr. Fernandez: Well, as long as that same presentation was made to the Zoning Board, the Zoning Board considered that and rejected it. Mr. Ron-Pedrigue: The Zoning Board vote four positive, two negative because in the moment, one of the person leave, and we get four positive, two negative, and we don't get approve. Ms. Slazyk: They needed five -- Mr. Ron-Pedrigue: We needed five. Ms. Slazyk: -- affirmative votes, and they had four. It was a 4/2 vote, so -- Mr. Fernandez: It's one of those issues where the way that the Zoning Board votes, they have an absolute requirement that for an item to carry, it has to have five affirmative votes, which is the way -- Chairman Gonzalez: Now -- Mr. Fernandez: -- it's written in -- Chairman Gonzalez: -- why -- that is something that I can't understand Mr. Fernandez: Well -- Chairman Gonzalez: I mean, 1 don't know -- and let me tell you, I can honestly understand that why if you have "X" amount of members on a board, the majority should rule. I mean, you know, it's like the Miami River Commission and Miami River Group. Well, five voted in favor and five voted against it, so it fails. Well, why doesn't work the other way? If five voted in favor and five voted against it, why don't the favors win? Why does the losers -- you know, I mean, what can we do about that? Mr. Fernandez: You -- Chairman Gonzalez: Is there anything that we can do here at the Commission level -- Mr. Fernandez: Sure. Chairman Gonzalez: -- to change that type of procedure? Because that is totally unfair. Mr. Fernandez: You can direct -- Chairman Gonzalez: He had four people voting with him and two people voted against him, so because one person decided to get up and go somewhere, he lost. That is not fair, and I -- Mr. Fernandez: So -- Chairman Gonzalez: -- want to sit down with you next week Mr. Fernandez: Sure. Chairman Gonzalez: I want to go over this issue because this has been really bothering me for City of Miami Page 166 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 the longest time, for the longest time, and right now, we have the perfect example. Honestly, personally, without any legal blah, blah, blah, blah, blah, to me, what they did to him is totally unfair. Mr. Fernandez: Exactly. Now, you may direct staff -- Chairman Gonzalez: That's my personal opinion. Mr. Fernandez: -- and my office to make and start the process of making all of the changes with regard to the voting requirements of this board, and perhaps, other boards, but for purposes of today's application, what you may do, if you find that procedural due process was not afforded because of the fact that one person failed -- I mean, stood up and left and denied him a full opportunity to get a full board to vote and consider, you may articulate that, and that may be sufficient grounds for the Zoning Board's decision to fail on one of the three legs, and then you may do the right thing as you deem appropriate, but you would have to make those findings. Commissioner Spence -Jones: I just have a -- Chairman Gonzalez: Yes, yes. Commissioner Spence -Jones: -- I agree with it. I just have a comment. I did -- I happened to also go by that lot. It's right down the street from Miami Edison. The concerns that I have with it is the size of the lot and the houses attached to it; all of those are new -- most of them are single-family new houses that are being built. Mr. Ron-Pedrigue: Next to me, in my left side -- Commissioner Spence -Jones: Is a -- Mr. Ron-Pedrigue: -- is a -- Commissioner Spence -Jones: -- new house. Mr. Ron-Pedrigue: -- it's not a single house. It's a multifamily house, and in the other side, it's a single house -- Commissioner Spence -Jones: Right. Mr. Ron-Pedrigue: -- but -- Commissioner Spence -Jones: Your lot -- that particular lot is a small lot, though. Mr. Ron-Pedrigue: Exactly, but -- Ms. Slazyk: Yes. Mr. Ron-Pedrigue: -- all the lots around are 40 feet wide, and all the lots around have (UNINTELLIGIBLE) feet side -- all the lots have the -- this -- all are (UNINTELLIGIBLE) lot, and all have this feet authorization. Vice Chairman Winton: All of them have what? Commissioner Spence -Jones: The reason I support -- Vice Chairman Winton: What'd he say? City of Miami Page 167 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Ron-Pedrigue: I said all lots around my lot are 40 feet wide, and all of the houses built in that lot have a -- Vice Chairman Winton: Five-foot -- Mr. Ron-Pedrigue: -- five feet side. Vice Chairman Winton: -- setback on side -- Mr. Ron-Pedrigue: Um -hum. Vice Chairman Winton: -- not ten. Ms. Slazyk: Right. Mr. Ron-Pedrigue: So, we are not the first one doing that. Commissioner Spence -Jones: Right, the -- Vice Chairman Winton: May I ask a question? Commissioner Spence -Jones: -- building that's on your -- I'm sorry, Mr. Winton -- Commissioner Winton. Vice Chairman Winton: I'm sorry. Go ahead. Commissioner Spence -Jones: -- right side, that is an older building that has multi -- Mr. Ron-Pedrigue: Yes, and the other side -- Commissioner Spence -Jones: -- units. Mr. Ron-Pedrigue: -- is the new one. Commissioner Spence -Jones: The -- but next to it is a new house -- Mr. Ron-Pedrigue: Yeah, a new house. Commissioner Spence -Jones: -- and the ones across the street is a new house -- Mr. Ron-Pedrigue: Yes. Commissioner Spence -Jones: -- so they're apparently trying to create the single-family house thing over there in that area, but let -- that's not the point. Because I do know that I need housing in Little Haiti -- because that's what it all boils down to, you know. Having four units over one unit, you know, I'll take that any day, but I just think that we need to be mindful, when you bought the lot, you know -- Mr. Ron-Pedrigue: Yeah, well -- Commissioner Spence -Jones: -- so that's -- you know, you knew what you had, so -- Mr. Ron-Pedrigue: Yeah. City of Miami Page 168 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: -- but because -- Mr. Ron-Pedrigue: When we bought the lot, we know that -- Commissioner Spence -Jones: Um -hum. Mr. Ron-Pedrigue: -- it's 40 feet wide -- Commissioner Spence -Jones: Right. Mr. Ron-Pedrigue: -- but we know that we can get a variance to build a beautiful house. We want that the area go up -- Commissioner Spence -Jones: Right. Mr. Ron-Pedrigue: -- build appealing houses. Commissioner Spence -Jones: Right. Mr. Ron-Pedrigue: You build a 20 feet wide house; it's a very horrible house. You have to invent something -- Ms. Slazyk: Yeah. Mr. Ron-Pedrigue: -- to look more like something -- Commissioner Spence -Jones: Right. Mr. Ron-Pedrigue: -- appealing. Commissioner Spence -Jones: It's not -- but it's really a multi -- Mr. Ron-Pedrigue: 1 have three (UNINTELLIGIBLE) -- Commissioner Spence -Jones: It's not a single-family house; it's four units -- Ms. Slazyk: Yes. Mr. Ron-Pedrigue: Yeah, correct. Commissioner Spence -Jones: -- so my concern -- Vice Chairman Winton: What'd you say? Commissioner Spence -Jones: -- would have been -- Vice Chairman Winton: Wait, wait, wait, wait, wait. Commissioner Spence -Jones: -- squeezing four units into -- Vice Chairman Winton: Wait, wait. Is this -- ? Ms. Slazyk: It's R-3 zoning, which requires a 10 foot side setback, but he has a 40-foot wide -- Commissioner Spence -Jones: It's four units. City of Miami Page 169 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Slazyk: -- lot. Vice Chairman Winton: Oh, I thought this was a single-family house. Commissioner Spence -Jones: No -- Ms. Slazyk: No. Commissioner Spence -Jones: -- I wouldn't -- yeah. Ms. Slazyk: This is -- it's a 40-foot wide lot, and if you take ten and ten on the two sides -- Vice Chairman Winton: Oh. Ms. Slazyk: -- they're left with a 20-foot wide structure, which is a -- that's the hardship. Commissioner Spence -Jones: That was the issue -- Mr. Ron-Pedrigue: Yeah. Commissioner Spence -Jones: -- but -- Chairman Gonzalez: What they want to build -- Ms. Slazyk: But the zoning's R-3; it's permitted. Chairman Gonzalez: -- is a single-family, right? Commissioner Spence -Jones: No. Vice Chairman Winton: No. Ms. Slazyk: No. Vice Chairman Winton: Four units. Chairman Gonzalez: They want to build -- Commissioner Spence -Jones: Four units. Chairman Gonzalez: -- four units? Vice Chairman Winton: On a -- Commissioner Spence -Jones: Yeah. Vice Chairman Winton: -- 5,000 square foot lot? Chairman Gonzalez: No. Ms. Slazyk: No. It's multifamily -- Chairman Gonzalez: No way you can do that. City of Miami Page 170 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Slazyk: -- but it's R-3 zoning; it's permissible. Vice Chairman Winton: How big is the lot? Ms. Slazyk: Forty feet wide. Chairman Gonzalez: Forty feet wide. Vice Chairman Winton: How long, how deep? Ms. Slazyk: It's a hundred -- Chairman Gonzalez: It's a hundred. Ms. Slazyk: -- it's over a hundred -- wait. Mr. Ron-Pedrigue: Hundred and forty -- Vice Chairman Winton: So, it's 4,000 square feet -- Ms. Slazyk: Yeah. Vice Chairman Winton: -- not five. Mr. Ron-Pedrigue: -- two -- Ms. Slazyk: Hundred and forty two -- Mr. Ron-Pedrigue: -- by forty. Ms. Slazyk: -- long. Mr. Ron-Pedrigue: Hundred and forty-two feet by forty feet. Vice Chairman Winton: A hundred and forty-two? Mr. Ron-Pedrigue: Yes. Ms. Slazyk: The problem is the side setbacks, so you have ten and ten, which means -- and they're asking for a five-foot reduction on one side. If not, you'd end up with a 20-foot wide structure. Mr. Ron-Pedrigue: Correct. Ms. Slazyk: That's the hardship. Commissioner Spence -Jones: But that was my issue with it is -- I rode by the lot, and it appeared like a lot to put on -- four units to put on that little bitty lot, between a new single-family house, which it appears -- Mr. Ron-Pedrigue: But it's -- sorry -- only two single-family homes in the area. Commissioner Spence -Jones: But that's -- Mr. Ron-Pedrigue: All other are multifamily houses. City of Miami Page 171 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Commissioner Spence -Jones: OK. Mr. Ron-Pedrigue: All others. Commissioner Spence -Jones: Again, there's a new single-family house, and my thought when I first saw it, if this was the first time that I was buying my house, some time -- first-time buyer, and then I -- I'm moving into my house, and 1 have now four -- these are going to be rentals, right? Mr. Ron-Pedrigue: No. It -- well, they -- the people will buy his own property. We're trying to make a -- Commissioner Spence -Jones: So, you're selling the four units. Mr. Ron-Pedrigue: Yeah, or three units. Maybe not four; maybe three -- Vice Chairman Winton: I've heard (UNINTELLIGIBLE). Mr. Ron-Pedrigue: -- and we will have to know what we can build because in this moment, with 20 feet wide, we -- maybe we can't build nothing, and maybe it will be a vacant lot. We will try to build something beautiful (UNINTELLIGIBLE) sell the people; affordable houses. Mr. Fernandez: All of this is part of the record because all of this came out at the Zoning Board, and the Zoning Board, notwithstanding the fact that one person might have left, took all of this into consideration and made a decision. You are left with making three decisions: Did they give everyone an opportunity, fair opportuity? Did they apply -- Vice Chairman Winton: It looks like it to me. Mr. Fernandez: -- the proper law? Vice Chairman Winton: It look -- Mr. Fernandez: What was that? Vice Chairman Winton: I said it looks like it to me from reading the -- Mr. Fernandez: Correct, and that -- only you can make that determination -- Vice Chairman Winton: OK. Mr. Fernandez: -- and then, have they -- was the evidence and the testimony presented at the Zoning Board competent and substantial, relative to the issues that were at stake? Vice Chairman Winton: OK, yes. Mr. Fernandez: If you answer all of those three in the affirmative -- Vice Chairman Winton: What was the third one? Mr. Fernandez: The third one is competent substantial evidence. Vice Chairman Winton: Oh, then what was the second one? City of Miami Page 172 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Ms. Slazyk: Which I don't think -- Mr. Fernandez: The second one was did they apply the proper law. Vice Chairman Winton: Oh. Mr. Fernandez: Did -- were they looking at the right ordinance -- Vice Chairman Winton: Oh. Mr. Fernandez: -- were they looking at the setbacks -- Ms. Slazyk: Right. Mr. Fernandez: -- you know, and -- Mr. Ron-Pedrigue: I want to say -- Ms. Slazyk: And hardship. Mr. Ron-Pedrigue: -- something more. Mr. Fernandez: Hardship. Were they looking at the issue of hardship, you know, as defined in the Code? Mr. Ron-Pedrigue: In this area in particular, in this lot, are -- three times in one day, we get like a (UNINTELLIGIBLE) truck of trash. If you have -- leave a vacant lot in the area, you get -- Ms. Slazyk: They dump. Mr. Ron-Pedrigue: -- full of trash in a weekend, and for us, we clean this lot like three times, and it's very complicated to have vacant lots in this area. Vice Chairman Winton: But that doesn't -- Mr. Ron-Pedrigue: It's not a good idea to leave it vacant. Vice Chairman Winton: -- have anything to do with the -- Mr. Fernandez: OK Vice Chairman Winton: -- our issue. Mr. Fernandez: Yeah, and the difference is, in a few weeks when the new ordinance is in place making this a de novo hearing, then you can literally choose to hear all these other arguments that he's making, and perhaps, be persuaded. Right now, you're limited to the record below and making those three -- answering those three questions. Vice Chairman Winton: Well, I'm persuaded that the three -- what are they called? Mr. Fernandez: Three criteria, three -- Vice Chairman Winton: Three -- Mr. Fernandez: -- questions. City of Miami Page 173 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Vice Chairman Winton: -- criteria that we are required to review, I -- at least my own view is they were all met, and so it seems to me like -- I thought this was a single-family house, which was a different issue, but on a -- but, at least my view, I read and view the issue over whether it's a multifamily site on a small lot very dfferently than I do a single-family -- Chairman Gonzalez: Single-family (UNINTELLIGIBLE). Vice Chairman Winton: -- house on a small lot -- Chairman Gonzalez: Definitely. Vice Chairman Winton: -- and so, I think when you're applying more density in that area, that you're going to be more inclined not to grant those variances -- Ms. Slazyk: But it's zoned for it. Mr. Fernandez: Yeah. Vice Chairman Winton: -- and so I -- my motion would be that -- Mr. Fernandez: To uphold -- Vice Chairman Winton: -- to uphold the Zoning Board's denial of the variance -- Mr. Fernandez: Right. Vice Chairman Winton: -- if somebody wants to second that. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez.: -- and we have a second, and it's a resolution, right? Mr. Fernandez: Yes. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Spence -Jones: Can I just make a quick comment, though? Vice Chairman Winton: Yes, ma'am. Commissioner Spence -Jones: Because, you know, by all means, I want to encourage people to come to Little Haiti to build. It's not totally about that. If it would have --1 can say this now, Mr. City Attorney, right? Mr. Fernandez: Yes. Commissioner Spence -Jones: I can say what -- OK. City of Miami Page 174 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Mr. Fernandez: Yes. Commissioner Spence -Jones: You know, if it would have been a duplex, or something along that sorts -- you know, but I just don't -- it just seem -- it appears as though they're trying to create, you know, that kind of community over there. I don't live too far from there, so I know the area really well. OK, so I'm just simply saying to you, I just think that that was a little too much for that little lot. Vice Chairman Winton: So, maybe he can get some variances if it's fewer units. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: All right. Thank you, sir. Mr. Ron-Pedrigue: OK PZ.32 06-00100 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A FRONT SETBACK OF 4'7" WHERE 10'0" IS REQUIRED, AND A SIDE STREET SETBACK OF 0'0" WHERE 7'6" IS REQUIRED FOR THE PROPERTY LOCATED AT APPROXIMATELY 1800 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 06-00100 Legislation (Version 2).pdf 06-00100 Exhibit A.pdf 06-00100 Legislation (Version 3).pdf 06-00100 Exhibit A.pdf 06-00100 Zoning Board Appeal Letters.pdf 06-00100 Analysis.pdf 06-00100 Zoning Map.pdf 06-00100 Aerial Map.pdf 06-00100 ZB Reso.pdf 06-00100 ZB Transcript.pdf 06-00100 Application & Supporting Docs.pdf 06-00100 Plans.pdf 06-00100 Fact Sheet 03-23-06.pdf REQUEST: Appeal of a Zoning Board Decision of Variances LOCATION: Approximately 1800 SW 8th Street APPLICANT(S)/APPELLANT(S): 1800 Group, LLC AGENT(S): Oscar Rivero, Managing Member FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of City of Miami Page 175 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 the Variances. ZONING BOARD: Denied the Variances on January 9, 2006 by a vote of 7-1. PURPOSE: The approval of this appeal will allow a multifamily project with fewer setbacks than required. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Item PZ.32 to the Commission meeting currently scheduled for April 27, 2006. Chairman Gonzalez: PZ.23. Lourdes Slazyk (Assistant Director, Planning & Zoning): Oh -- Commissioner Sanchez: Before we do that, there's one item that we need to defer. Can we just - Ms. Slazyk: Yes. Commissioner Sanchez: -- state on the record, Mr. -- ? Chairman Gonzalez: Yes. Ms. Slazyk: PZ.32, we'd like to request a continuance to April 27, in order to obtain some additional information. Commissioner Sanchez: So move, Mr. Chair. Chairman Gonzalez: All right. We have a motion to continue -- Commissioner Sanchez: We don't have a quorum -- yes, we do. Chairman Gonzalez: -- PZ.32. Ms. Slazyk: PZ. 32 to April 27. Commissioner Sanchez: Need a second for deferral. Second for deferral? Commissioner Spence -Jones: Yes. Commissioner Sanchez: There is a second. Chairman Gonzalez: We have a motion and we have a second to defer PZ.32 until April 27. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PZ.33 06-00263 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, City of Miami Page 176 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, REQUIRED OFFSTREET PARKING, TO WAIVE ALL EIGHT OF THE REQUIRED EIGHT PARKING SPACES, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2240 SOUTHWEST 12TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 06-00263 Legislation (Version 2).pdf 06-00263 Exhibit A.pdf 06-00263 Legislation (Version 3).pdf 06-00263 Exhibit A.pdf 06-00263 Zoning Board Appeal Letter.pdf 06-00263 Analysis.pdf 06-00263 Zoning Map.pdf 06-00263 Aerial Map.pdf 06-00263 ZB Reso.pdf 06-00263 ZB Transcript.pdf 06-00263 Application & Supporting Docs.pdf 06-00263 Plans.pdf 06-00263 Fact Sheet 03-23-06.pdf REQUEST: Appeal of a Zoning Board Decision of a Variance LOCATION: Approximately 2240 SW 12th Street APPLICANT(S)/APPELLANT(S): City of Miami AGENT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval of the Variance and approval of the appeal. ZONING BOARD: Denied the Variance on February 13, 2006 by a vote of 8-0. PURPOSE: The approval of this appeal will allow three new tennis courts and a tennis center for an existing park without the required parking. DEFERRED NON -AGENDA ITEMS NA.1 06-00473 RESOLUTION District 4 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $600, TO THE INSTITUTO SAN CARLOS, A NOT -FOR -PROFIT ORGANIZATION, FOR THE CUBAN NATIONAL MEDAL OF EXCELLENCE EVENT TO BE HELD ON MAY, 11, 2006 AT THE MANUEL ARTIME THEATER; ALLOCATING FUNDS FROM THE DISTRICT 4 OFFICE BUDGET NON -DEPARTMENTAL ACCOUNT NO. 001000.920919.6.930. Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 177 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez NA.2 06-00478 R-06-0196 Chairman Gonzalez: Any pocket items? You have one? Go ahead Commissioner Regalado: I have one. Vice Chairman Winton: Are we done? Commissioner Regalado: Thank you -- Chairman Gonzalez:: You're recognized Yes, we're done. Commissioner Regalado: Thank you, Mr. Chairman. This is a resolution of the Miami City Commission authorizing the allocation offunds, in an amount not to exceed $600, to the Institute San Carlos, San Carlos Institute, a not -for -profit organization, for the Cuban National Medal of Excellence Award event, to be held on May 11, 2006, at the Manuel Artime Theater; allocating funds from the District 4 office budget nondepartmental account number, so this is for payment of the Manuel Artime Theater because this event will be free to the public. So move. Vice Chairman Winton: Second. Second Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. DISCUSSION ITEM Brief discussion by Commissioner Spence -Jones on Discover Miami event. DISCUSSED Chairman Gonzalez: Any other pocket items? Commissioner Spence -Jones. Commissioner Spence -Jones: No pocket items. I just want to remind everyone to come out to support Discover Miami this weekend. We're going to be in the Little Havana, downtown Miami, Little Haiti, Temple Israel in Overtown. It's from 11: 30 a.m. to 6 p.m. Come discover other cultures in Miami, and that's it. Chairman Gonzalez: Thank you. NA.3 06-00479 DISCUSSION ITEM Discussion by Vice Chairman Winton regarding his concern about the current trend of upzoning land in the City of Miami. DISCUSSED Vice Chairman Winton.: Mr. Chairman. Chairman Gonzalez.: Vice Chairman. Vice Chairman Winton: May I -- ? Just one thing, and my apologies for not being here because I had the MPO (Metropolitan Planning Organization) board meeting. In fact, I left it early so I could get here, but I would like to share with you all a concern, and I wrote it throughout my book. There were an awful lot of zoning upgrades today, and I think -- my impression is we approved most of them, and I think most of them were not in my district, but I would have voted - City of Miami Page 178 Printed on 9/13/2006 City Commission Meeting Minutes March 23, 2006 - and there were a couple of exceptions in there where -- because there's always an exception to the rules always that we need to consider, but I would have voted against most of them because I'm very concerned that the development community has determined that the only thing they need to do is come to us, and we're going to give them higher zoning, and it's only about more money for them. It isn't necessarily about better neighborhoods, and they'll make the argument that it's about a neighborhood because I'm going to do this and I'm going to do that, but at the end of the day, it's about more money for them, and so I just wanted you all to say that I'm concerned about that trend, and I hope that -- I don't know how we -- and I don't have a chance to talk to you guys, except in this arena -- Chairman Gonzalez: That's right. Vice Chairman Winton: -- but I was really alarmed at this meeting, and I'm -- my apologies for not get -- being able to get back, but I want to begin to look at those kind of requests from the development community, even though they may not be in my district, but even the ones in my district. You know, we're trying to really hold the line because the fact of the matter is, except for some exceptions where there's -- you know, where there's one of those very unique circumstances where you get something better because you could have a bigger mess, I wouldn't give them any of this stuff They can make plenty of money -- and the thing that we're doing when we grant these variances is we're driving up the cost of land because the sellers know -- I'm a developer. I'm going to go buy that piece of land The seller's saying, oh, man, I'm going to charge you twice what it's really worth. As the developer, I'm going to say, hell, I can pay that because I know I can get more units than the City really allows there, or more whatever it is, and so I'm going to pay. Then Igo pay, then the next guy has to pay, and the next guy has to pay, and we've just shot the price of land way up again, unintentionally, but making affordable housing even more challenging, so I'm going to urge us, in the coming months, to look at any of these upzoning issues in a dierent light, and think about the impact we're probably going to have that's going to be negative on pushing land values up even higher, and I just hope that y'all will consider that. Commissioner Spence -Jones: I definitely want to agree with you, and hopefully, you know, I mean, from a District 5 perspective, I mean, I'm in totally -- total agreement with you. I mean, my district constituents are so concerned about those same issues, so I'm very, very sensitive to those issues. I think most of the things that you probably have questions or concerns about, we either deferred or we might have passed it, but said in second reading there clearly was some things that they needed to address, and I think the two items that the Chairman decided to take -- and only because I was pressing those -- was, 1 think 19 and 15, and the only reason why I pushed on those two items was because the -- I knew the -- I knew already what they were trying to, you know, kind of somewhat do in that area, and we need it on Northwest 2nd Avenue -- Vice Chairman Winton: Yeah, and -- Commissioner Spence -Jones: -- so -- Vice Chairman Winton: -- there are going to be those exceptions, where we — Commissioner Spence -Jones: Yeah. Vice Chairman Winton: -- make that decision. I'm just wanting to get us to think about -- we -- it ought to be the exception and not the rule. Commissioner Spence -Jones: Yes, I agree. Vice Chairman Winton: OK, thank you all. City of Miami Page 179 Printed on 4/13/2006 City Commission Meeting Minutes March 23, 2006 Chairman Gonzalez: All right. We need a motion to adjourn. Vice Chairman Winton: So move. Commissioner Regalado: Second Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez:: Meeting stands adjourned A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Sanchez absent, to adjourn today's City Commission meeting. City of Miami Page 180 Printed on 9/13/2006