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HomeMy WebLinkAboutCC 2006-04-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Monday, April 10, 2006 10:00 AM Special 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 April 10, 2006 The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..]" refers to discussions that were interrupted and later continued. 10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones Absent: Chairman Gonzalez and Vice Chairman Winton MAYORAL VETOES On the 10th day of April 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 special session. The meeting was called to order by Commissioner Joe Sanchez at 10:15 a.m. and adjourned at 11:55 a.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pamela Burns, Assistant City Clerk Commissioner Sanchez: Good morning, everyone. Commissioner Spence -Jones: Good morning. Commissioner Sanchez: The City of Miami Commission -- special Commission meeting is being called to order. Pursuant to Section 2-33, the Mayor has requested a special meeting, and that meeting is being held here today at City Hall. This is a PZ (Planning & Zoning) meeting. I believe there's five items that are in front of us, so at this time, let's go ahead and do the invocation, followed by the pledge of allegiance. Commissioner Regalado, would you lead the invocation, and I will take care of the pledge of allegiance. Commissioner Regalado: Thank you, Mr. Chairman. Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Commissioner Sanchez: Once again, this is a specially scheduled Planning & Zoning meeting. For the record, there are no mayoral vetoes. ORDER OF THE DAY Commissioner Sanchez: Before we do that, I'd like to have the City Attorney read the rules and regulations pertaining our meeting. George Wysong (Assistant City Attorney): OK. Commissioner Sanchez: Do you have it, or do you want me to go ahead and do it? Mr. Wysong: He's here. I'm just holding the fort for him. Commissioner Sanchez: All right. I'!l go ahead and do it. Any person who acts as a lobbyist, pursuant to City of Miami ordinance, must register with the City Commission prior to engaging in any lobbying activity before City staff, boards, and committees, and the City Commission. Any person making slanderous remarks who becomes boisterous while addressing this Commission shall be barred from further audience before the City Clerk by the presiding officer. Also, anyone wishing to obtain a -- an agenda five days before the meeting could contact the City Clerk and obtain that. I don't believe I've left anything out. At this time, we'll go ahead. There City of Miami Page 2 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 are five items in front of us. I believe all of these items are for -- in the appeal process. Lourdes Slazyk (Assistant Director, Planning & Zoning): Correct. City of Miami Page 3 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 SPECIALLY SCHEDULED PLANNING AND ZONING ITEMS PZ.1 06-00415x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW MULTIFAMILY STRUCTURES OF A DENSITY EQUAL TO "R-3," IN THIS CASE "R-4," FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 NORTHWEST 71ST STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-00415x Analysis.pdf 06-00415x Zoning Map.pdf 06-00415x Aerial Map.pdf 06-00415x Application & Supporting Docs.pdf 06-00415x Plans.pdf 06-00415x Fact Sheet ZB 03-27-06.pdf 06-00415x ZB Reso.pdf 06-00415x Appeal Letter.PDF 06-00415x Legislation (Version 3).PDF 06-00415x Exhibit A.pdf 06-00415x Legislation (Version 4).PDF 06-00415x Exhibit A.pdf 06-00415x Fact Sheet CC 04-10-06.pdf 06-00415x submittal rent schedule.pdf 06-00415x submittal photos.pdf Motion by Commissioner Spence -.Jones, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Winton R-06-0231 Commissioner Sanchez: So, we'll go ahead and start with the first item, which is PZ.1, and Madam -- Lourdes Slazyk: PZ.1-- for the record, Lourdes Slazyk, Planning Department. PZ 1 is an appeal of a Zoning Board decision regarding a special exception. The property address is 401 Northwest 71 st Street. This is in order to allow multifamily residential structure within a C-2 zoning district. The Planning Department had made a recommendation of approval with condition. The Zoning Board had made a motion to approve with conditions, which failed, constituting a denial. The Zoning Board vote was 4/2. The Planning Department's recommendation of approval was with the condition that the applicant continue to work with the Planning Department regarding the final design of this project in order to show a better transition of the project into the neighborhood. The project is a 10-story multifamily residential structure of 120 units. We recommend approval of the appeal, and to grant the special exception City of Miami Page 4 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 with the condition that the Planning Department imposed. Commissioner Sanchez: Before you go ahead, Madam Applicant, or in this case, the appellant, what I'd like to do is to have clarity. What I would like to have is the Administration state on the record why we're having this special meeting and why we're here listening to these five items that are in front of us for appeal. Could you state why -- Ms. Slazyk: Yes. Commissioner Sanchez: -- these items are here? Ms. Slazyk: Again, the five appeal items before you today are appeals of special exceptions and one variance from the Zoning Board These projects are affordable housing projects for the City of Miami. As some of you may or may not know, there are very tight time constraints for the affordable housing project providers in order to submit proper documentation for their funding. The deadline -- if we had waited for the regular PZ (Planning & Zoning) Commission meeting, we would have missed that deadline, so these are in order to move forward these affordable housing projects for which the funding is based on very strict deadlines. Commissioner Sanchez: All right. Thank you very much for that point of clarification. Mr. City Attorney, you're recognized for the record. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman, Commissioners. These are appeals from the Zoning Board, and over the past several months, you have had different standards to apply. This -- to these hearings, you apply the de novo type of hearing. The quasi-judicial, or the appellate review process, better said, that you had applied to other matters in the last three or four months does not apply here, so here you are to take evidence from the speakers, from the presenter or the applicant, as well as from anybody in the public, and you're supposed to be guided by, in you notion, what constitutes competent substantial evidence to make their point, depending on who the speaker is. The -- with regard to the makeup of the Commission, as you can see, there is three of you, and you constitute a quorum. To carry any one of these items, a vote of two of you will carry the day. Commissioner Sanchez: All right. Thank you so much. Ma'am, you're recognized for the record. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on Item Number 1, and first of all, I'd like to say thank you very much for holding this hearing today. We really appreciate it. I'm here today on behalf of the applicant and owner. The owner of the subject property is the YMCA (Young Men's Christian Association) Village Carver Phase 1, which is the lessee, and we have the YMCA of Greater Miami not -for -profit corporation is the owner. Along with that, we have a joint venture with Biscayne Holding -- Housing, excuse me -- Biscayne Housing, which is the developer of affordable housing projects. With me here today is Mr. Gonzalo De Ramon, who will speak to you as well. This project is located at 401 Northwest 71st Street, and it's bounded by Northwest 71st Street to the south and the FEC (Florida East Coast) railroad to the north. I have a board right here where you can see the subject property outlined in blue where it's located. It's just west of Northwest 2nd. Anyways, this project is before you for a special exception to have residential in the C-2 district. The Code provides that we can request a special exception provided that -- and there's two criterias [sic]; one, that the proposed site's proximity makes it a logical extension or a continuation of existing residential development, and that's why I've brought a copy of the zoning atlas with me here today so that you could see the location of the property and you could see that to the north, you have residential here. The property's located right here, and then to the south over here, you also have residential as well, so we feel that it does meet that criteria, as well as having adequate services in the area; and just to give you an idea of the adequate City of Miami Page 5 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 services, right on the corner here of Northwest 2nd, you've got a grocery store, which is certainly needed and is important for residential, and then you have several schools in the area. There's a parochial school located right over here. There's several -- there's a middle school right near by Edison, and then there's a high school nearby, as well, so the area certainly provides the adequate services. This project -- I'd also like to state on the record that we do accept the Planning Department's conditions with regards to this application. This point -- before Igo into it further, I'd like to have Mr. De Ramon just tell you briefly about their company and the affordable housing projects that they provide, and what they plan on intending to do here, and then I'll get back to it, and then I'm just going to reserve some time for rebuttal. Commissioner Sanchez: All right. Sir, good morning. State your name and address for the record. Gonzalo De Ramon: Good morning. Gonzalo De Ramon, with office at 2950 Southwest 27th Avenue, here in Miami, and I'm the principal of Biscayne Housing Group, and we're developing this site in partnership with the Carlisle Group, and combined, we have already in the pipeline over a thousand units of affordable housing in the City of Miami. We have some handouts now being provided by the staff. One of the particulars of this development is this -- the YMCA own this land It's been empty for several years, with exception of a preschool program they have currently in place. While we working with the MUSP (Major Use Special Permit) and we work with the staff over the following months, we develop the whole concept, and -- but the basic idea here is to -- on a joint venture with the YMCA to develop a YMCA facility in conjunction with affordable housing tower just on top of the YMCA. Once the develop is completed, we will provide about 360 units of affordable housing for families, which is highly needed in this part of the city, in conjunction with about 36,000 square feet of YMCA as a new facility in the community as well, and I would like to point it out that one of the critical issues that we have in the affordable housing arena is that we have constraints budget. We have a limited amount of money that we can -- our resource are very limited that we can count toward the development of these facilities, so as construction costs has increased, the ability for us to buy land has been diminished. In other words, you have this pile of money -- I'm sorry. You have this amount of money, and as construction costs, all the costs has increased, the amount available for land has been diminished If you look around the City of Miami, all suitable sites with high density R-4 or C-1 has pretty much disappear or have been already controlled by market rate private developers, which is good, but it puts us in a position that we don't have that many sites to also provide development. C-2 is one of those zoning on the books that allows residential, and normally, it's a good conjunction because we're building residential next to areas of employment. Thank you. Commissioner Sanchez: All right. Anyone else? Ms. Pardo: I'm just going to go back to a few more comments with regards to this particular site. This particular project will have 120 units, and it will also provide for a 8,000 square foot YMCA, which will be a community center/health center. With regards to the parking, there are 255 parking spaces, which will be required. They're proposing 257 parking spaces. We are not requesting any variances or any bonuses with regards to this particular project. We do have some photographs, which we'll submit into the record, of the existing property where you can see that there's an existing preschool. The only thing on the property currently is a preschool for the YMCA and some vacant land, and we're going to submit that into the -- Commissioner Sanchez: Would you please turn them in to the Clerk? All right -- Ms. Pardo: -- record -- Commissioner Sanchez: -- and proceed. City of Miami Page 6 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Ms. Pardo: -- and then we have renderings of the building, but we will continue to work with the Planning staff,' and then I would just like to reserve time for rebuttal -- Commissioner Sanchez: There is no -- Ms. Pardo: -- with regards to this -- Commissioner Sanchez: -- rebuttal on appeal. Mr. Fernandez: Yes. She is the appellant. In essence, she's appealing a decision, and so she should have final closing comments after there is evidence on the record from public or opponents. Commissioner Sanchez: All right. At this time, we'll open it up to the public. Anyone from the public wishing to speak on this item, please step forward and be recognized. State your name and address for the record. Ma'am, good morning. Curl Smith -Carr: Good morning. My name is Curl Smith -Carr. My address is 510 Northwest 49th Street, Miami, Florida 33127. 1 am a volunteer parent for Carver YMCA going on ten years in May, and we accidently [sic] found out about this meeting. Unidentified Speaker: Yell into that microphone. Commissioner Spence -Jones: We can't -- Ms. Smith -Carr: OK. Commissioner Spence -Jones: -- hear you. Ms. Smith -Carr: I'm sorry, I'm sorry. I'm not a speaker either, but -- Commissioner Spence -Jones: It's OK. Ms. Smith -Carr: -- I'm a parent, grandparent, and a great supporter of the Carver YMCA, and I did not realize they were -- you guys were having this meeting until last minute, and a -- my other parents -- well, I was only able to get one of the parents out here today, but we've been fighting with the YMC [sic] in regards to the daycare facility that they're referring to that we have on the premises right now; that it's really -- it's been a nightmare. That's the only reason I really -- I was too busy trying to make sure the building was safe for the kids right now. I guess that's why this meeting came pass me. I'm -- as a realtor, I'm all for affordable housing, and that piece of property was donated to the Carver YMCA for the community, for community programs. When that original building was destroyed, it was under the impression that -- excuse me. They told us that they were going to build a new facility for Carver, for the community, sports and everything else for the community. Now they're saying affordable homes. That area is flooded with affordable homes that no one can afford. The schools are overcrowded. The community programs are overcrowded, and when they tore that building down and put the kids in that temporary facility, one -- less than one year later, the floors and everything were caving in. I had -- I finally got the Miami Times to put an article in the paper to show the destruction of that floor, and they had to push and push for Metro -- excuse me, YMCA Greater Miami to actually start doing some work. They started, they stopped. They complained it was the City's fault; it was not. It was their neglect, and I need my -- I need to have this meeting deferred I'm hoping I could have this meeting deferred; that I could have more of the community out here to voice their opinion in regards to this. Commissioner Sanchez: All right. Thank you, ma'am. Anyone else from the public? Please City of Miami Page 7 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 step forward Pamela Burns (Assistant City Clerk): Commissioner, I'd like to swear in anyone -- Commissioner Sanchez: Oh, I do apologize. I do apologize. I forgot to swear everyone in. All right. Everyone speaking on any of the items that's in front of us today -- it's been a long time since I've chaired a meeting, so I forgot. All those that'll be test5ing in front of this legislative body, please state -- please raise your right hand. Madam Clerk, could you swear them in? The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Please be seated. Mr. Fernandez: Mr. Chairman, as a matter of course, ask the record to reflect that the -- Commissioner Sanchez: Exactly. Mr. Fernandez: -- young lady -- Commissioner Sanchez: I was going to do that. Let the record reflect that the young lady who testified, the first individual to test, has been sworn in. Thank you. All right, sir. Howard Brodsky: May it please this Commission. My name's Howard Brodsky, with law offices at 2701 South Bayshore Drive. 1 represent John Carruth and Carruth Roofing. The property addresses of Carruth Roofing and the property that John Carruth owns: 7160 Northwest 3rd Avenue, 7128 Northwest 3rd Avenue, 321 Northwest 71 st Street, 301 Northwest 71 st Street. Basically, Mr. Carruth owns a roofing company. He's owned that roofing company at this location for 60 years, and he continues to operate that roofing company. I looked at the zoning ordinance, C-2 liberal construction [sic], which is what we're talking about here, and when you look at the C-2 liberal commercial, excuse me, there are several dfferent types of uses; one are permitted uses; one are permitted accessory uses, and then there are conditional principal uses. Clearly, the applicant does not fit within the criteria of the permitted principal uses or the permitted accessory uses, so we're left with the conditional principal uses. With regard to the conditional principal uses, Item 12 says multifamily residential structures of a density equal to R-3 or higher subject to the following criteria by special exception only upon finding that (a) the proposed site's proximity to the other residentially zoned property makes it a logical extension or continuation of existing residential development. I submit to this Commission and this board that what you have here is you have a area that is principally commercial. There is some residential, but nothing like what the applicant is proposing in this regard. I think it's important to note that in both of the findings by the City leading up to the Zoning Board hearing, the City said in their findings that what was proposed is not in proximity to other residentially zoned property, and it's not a logical extension or continuation of the existing residential development. I further submit to y'all that even if they were to take it a step further and do what the Zoning Board requires, it still would not fit within the proximity to the other residentially zoned property, and it would not be a logical extension or continuation of existing residential development. This is a commercially zoned and commercially used area. What we should be considering here along with housing is what effect is this going to have on this particular area and this city. What we're taking a zoned area where businesses are supposed to be, which would give people opportunities to work, to find jobs, which is extremely important, and if we take in -- if we bring into the fold residential, and specifically, residential of this magnitude, what we're going to do is we're going to be withering away the commercial zoned areas in this community, and I don't think that that's what this Commission is interested in doing. I think it's more important to promote within this area building of businesses so that there are people and places for the people who do live in the proximity of the area so that they can work so on its face, the City of Miami Page 8 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 proposal or the applicant's proposal is not a logical extension or continuation of existing residential development, and I was also going to comment on Part B to number 12 under conditional principal uses because there really are not currently adequate services and amenities in place for what is there now. Now we're going to take on top of that and we're going to include a lot more people into an area where the facilities that are currently in place do not have the ability to fulfill the requirements of who's presently there now, let alone adding on top of that, so for all of the foregoing reasons, I think that the appeal should be denied and that the decision of the Zoning Board should stand, and I thank you. Commissioner Sanchez: Now, you had one issue that I -- out of all the issues that you stated, that got my attention, and that was that you stated that the City had made on the record a statement saying that the property itself was not logicable [sic] for -- suitable for the site, or what was that? Mr. Brodsky: It's here. I'm looking at analysis for special exception -- Commissioner Sanchez: All right. I just want to make sure that, at the end, the Administration does address that concern. My decision has to be made on substantiable [sic] evidence, so I would like the Administration, so we don't lose the record here, to address that when you're done. Mr. Brodsky: OK. Commissioner Sanchez: OK. Mr. Brodsky: Thank you. Commissioner Sanchez: All right. Thank you. Anyone else? Anyone else? If not, the public hearing is closed, and it comes back. Now you do have some time for rebuttal. Ms. Pardo: OK. With regards to the YMCA, one of the purposes of doing this project is so that the developer will be able to build a new YMCA for the community, and it will include a brand-new 6,000 square foot facility, and that was part of the purpose that they put this together, and they will, of course, work with the parents from the YMCA and meet with them so that they do have an understanding as to the timing and what's going to happen and what's going to be built because I believe that's important, and then with regard to the comments that were just made and the logical extension, I'll let Ms. Slazyk go through it, but staff's comments don't say that it's not a logical extension. I'll let her address that, but what her comments were addressing to, and it was our understanding, is that they wanted the design of the building to be something different, and that's why they had put on the condition that the developer had to continue to work with them with regards to the design of the building, which we will be doing. Just to give you a little background information, the C-2 district allows a height of 120 feet or 10 stories, and actually, the Commission's in the process of amending that to just say 120 feet. You could have as many stories as you would like, as long as you are no higher than 120 feet. This particular project will not be any taller than 120 feet, but we do have surrounding residential in the area, and you can see that by a copy of this board here, where it shows you our property is outlined in red, and just to the north, you have the residential for the R-3, and then to the south, you have the R-2, and there are services in the area that would -- you know, that are there for residential in this area, and all -- actually, this particular project, as we stated before, it doesn't have any business on it. It has the preschool, which will remain in the new development as well. Commissioner Sanchez: All right. At this time, we'll come back to the Commission. The Chair will always speak last. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: OK. Yes. 1 just have a couple of questions. One -- Lourdes, can City of Miami Page 9 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 you speak to -- Ms. Slazyk: Yeah. Commissioner Spence -Jones: -- can you -- Ms. Slazyk: Yes. Let me make my -- Commissioner Spence -Jones: -- answer that? Ms. Slazyk: -- clarification. What the third finding is in your analysis in your package -- "It is found that the proposed ten -story building design is not in keeping with the height and scale of the traditional urban fabric of Little Haiti." That's not a finding that says it's not a -- Commissioner Sanchez: OK Ms. Slazyk: -- logical extension or not consistent with the residential character. I think the zoning map, which is in your package, but colored in front of you on a board, is the demonstration that it is proximate to residential areas. The blue properties on that map also show you where the institutional uses nearby are, so it's clearly covered by sufficient services, so what this comment had to do with in our findings had to do with the design of the building. In addition to the criteria in the C-2 section of the zoning code, these projects also have to conform with 1305, which is our design review criteria, and because this is a ten -story building, which is permissible on this property -- as a matter of fact, if it weren't residential, they could build a ten -story office building there by right, but what we wanted them to do through the design review criteria is find a way to better transition this into the -- those -- these neighborhoods. They have R-3 across the street, and there's R-2 behind them across 71 st. We wanted them to come up with some housing types of townhouses or garden apartments as transitions, and they've agreed to keep working with us on that, so that's the clarification. It was not that it was not a logical extension of a residential use. It's the scale was out of scale with the traditional urban fabric of Little Haiti, and we wanted them to work with us on transition. Commissioner Spence -Jones: OK. I just have a couple of questions, and hopefully, you can answer them. First of all, I want to acknowledge, you know, the young lady for coming out from the community and at least voicing your concerns about the project, but I want to clear up some of these questions that she had just so that we're all on the same page before we make a decision. One of the questions that she brought up regarding the type of programs that are going to be offered -- now, I happen to know exactly where this facility is. I actually just did a tour of it last week -- 71 st Street, not necessarily this site, but -- with FP&L (Florida Power & Light) because there's a huge, big ugly plant that's on the side of that that I've been asking for them to put a wall up because it really looks bad in that area, and there's a lot of things that we're working on on the 71 st Street side of it, but -- so I've toured the site. I want to have a greater understanding of the services that are going to be offered because she seems to be speaking regarding the services that are there now not being there or what -- she's not really clear about what they're going to be, so can you at least speak to the ground floor retail part of this, so that at least she understands from that prospective of what's to be expected, and if you can speak to the -- how -- the fact of how many jobs will be provided as a part of that because I think that also came out from the other person's comments regarding the number of jobs that would possibly be lost by bringing a residential project there, so can you speak to what you guys are planning on putting there? Ms. Pardo: Yes. Mr. De Ramon: Again, Gonzalo De Ramon. What we have done with the YMCA that they're currently doing an assessment of the neighborhood. There's a market study, and each location -- City of Miami Page 10 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 each community have different needs. That study's being conduct as we speak right now, but preliminary feeling from the YMCA is based on the experiences that we're going to have another preschool program. One of the buildings underneath -- each phase has a section of the YMCA underneath the building, so one of them will be a preschool program to continue providing that service in the community, and the other two phases, I don't know which one come first, but it will be a gym; it will be computer rooms; it will be a library; it will be after school programs not just to provide service to our tenants that's going to be the immediate neighbors on this -- Commissioner Spence -Jones: Yeah. Mr. De Ramon: -- YMCA, but to provide the same service across the neighborhood, so I think that the building that was demolished because, my understanding, it was in really bad structural condition. This is going to be substantially bigger and the programs are going to be substantially more extensive than they were in the past. Commissioner Spence -Jones: OK. Let -- OK, so most of the things that you're talking about, libraries, computer rooms, really not speaking to what he's talking about from the perspective of you know, jobs, commercial retail type things. I have a -- just have a question for you on that. With the proposed plan -- again, it's not locked in altogether as to what's going to happen to the site, and I'd like to make sure that, you know, if we grant this, that you know, it is subject to the approval from Planning regarding what actually goes on that site because one of the ways that I think that we can, perhaps, accommodate it -- because it is a commercial area. Across the street is all residential, but on that side where YMC [sic] currently sits, you know, you have auto body shops; you have the roofing company. Everything on that particular side, so I don't -- as a matter offact, I don't know if there's any residential on that side at all, so my concern would be to make sure that, even if it's from the street perspective, to maybe make sure that there's some kind of consistency, you know, from a retail standpoint or commercial standpoint. That -- and I think that your drawing kind of speaks to that already -- Mr. De Ramon: Yeah. Commissioner Spence -Jones: -- but maybe there's other creative things that we can do to kind of attract businesses to the area to make sure there's a consistent flow with what's happening on 71 st Street, so that would be kind of my recommendation from that perspective, but regarding the issue ofjobs -- Mr. De Ramon: Yeah. Commissioner Spence -Jones: -- you're speaking more of the daycare, the library, the computer room, those type of things, but I would like to see more economic development driven type project -- I mean, in that space instead or -- Mr. De Ramon: Well, I mean, there's two different kind ofjobs creation -- Commissioner Spence -Jones: Yeah. Mr. De Ramon: -- during construction and while, you know, (UNINTELLIGIBLE). There's a lot of job creation, but permanent job, which is what actually impact the neighborhood, that's what you may be more interested on, 30,000 square feet of YMCA is going to create (UNINTELLIGIBLE) managerial level, supervisors. 1 mean, those programs don't run by themselves. They need to have different shift -- Commissioner Spence -Jones: Yeah. Mr. De Ramon: -- of people, so there's going to be a level of employment. City of Miami Page 11 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Spence -Jones: Yeah. Mr. De Ramon: I don't know the exact amount. On our residential component, we bring not just janitorial, but we have the -- Commissioner Spence -Jones: Yeah. Mr. De Ramon: -- maintenance. We have the manager, assistant manager, different people, so - Commissioner Spence -Jones: Yeah. I'm not dis -- I do know -- Mr. De Ramon: Yeah. Commissioner Spence -Jones: -- that there's other jobs attach -- I'm just saying just keeping in flow with what's already happening on 71st Street. Mr. De Ramon: I understand. Commissioner Spence -Jones: You know, if there's any way that we can create, you know, something else that would kind of tie into what's already there. I mean, I don't expect for you to put an auto body shop there. That's not going to work, but I do know this particular community needs something else, and you know, the project itself will do a lot to uplift the area, to make the area look better. Now, we -- if you -- your kids attend the nursery or daycare over there, we all can admit that that area needs to be improved greatly, and a project like this, to me, it appears to be at least -- it will improve or uplift the area, and Lord knows, we do need that to happen over there in Little Haiti. To speak to your concerns, though, regarding affordable housing, I don't know how much -- Mr. De Ramon: Yeah. Commissioner Spence -Jones: -- talking you're doing with the -- have you had a conversation with -- has this group had a conversation with the young lady at all -- Mr. De Ramon: Well -- Commissioner Spence -Jones.' -- or any other parents -- ? Mr. De Ramon: -- honestly, I mean, we haven't -- we were not familiar with the group of people --1 think they're parent volunteers working for the YMCA -- Commissioner Spence -Jones: Right. Mr. De Ramon: -- program. We were not familiar with that -- Commissioner Spence -Jones: Right. Mr. De Ramon: -- but I mean, we have a track record that we have worked with the staff on previous MUSP (Major Use Special Permit) applications, special exception, with community groups. We are open to communicate with them at any time, and just -- Commissioner Spence -Jones: I would -- Mr. De Ramon: -- come to a consensus. City of Miami Page 12 Printed on 4/26/1006 City Commission Meeting Minutes April 10, 2006 Commissioner Spence -Jones: -- really, really advise for that happen -- Mr. De Ramon: Absolutely. Commissioner Spence -Jones: -- because you don't want to put a project into a community and people not -- are really not clear about what they're getting. You know, when you look at the project and you know what's already there, I mean, how could you not see that it's a good project, but at the same time, you got to ask people that live there and, you know, receive services from the place as to whether or not they -- this is what they want to have happen there or have their input. I think it's important to make sure that that happens, and I think that the ball somehow got dropped on that, and the mere fact she took out time on her busy day to be here, along with whatever parents she had, you know, speaks to the volume of her really wanting to see something happen in the neighborhood, but she does not want to put a project there that the folks there will not be able to live in, so I'm just going to say this in my closing part of it, and I don't know if my colleagues have any questions because this is within my district, and Little Haiti definitely does need to have something similar to this, is can you speak to her concerns about affordable housing because we always throw the word "affordable" around, and affordable, you know, sometimes means many of us can't participate in it, including myself sometimes, so can you speak to -- so that she at least understands, from a tax credit standpoint, what rents would -- Mr. De Ramon: Sure. Commissioner Spence -Jones: -- kind of look like so that at least she'll have an understanding of that? Mr. De Ramon: Absolutely. One of the things that affordable housing -- the misconception that people may have, affordable housing is for people that work. There is no rental subsidy. We have the subsidies at the construction and infrastructure level, but not at the rental level. In return of the subsidies, we are able to provide lower rents, and those rents come from a range that --1 can just pass a little table -- Commissioner Spence -Jones: Can you just tell us what the ranges are -- Mr. De Ramon: Yes -- Commissioner Spence -Jones: -- so that at least she has a -- Mr. De Ramon: -- and -- Commissioner Spence -Jones: -- sense of what that is? Mr. De Ramon: -- we're going to have one, two, three bedrooms. We have a section of population, they're going to be paying on the one bedroom from $345 up to $628. Commissioner Spence -Jones: For three bedrooms. Mr. De Ramon: For one bedroom. Commissioner Spence -Jones: OK. Mr. De Ramon: On the three bedroom, goes from $479 to $872 -- Commissioner Spence -Jones: OK. City of Miami Page 13 Printed on 9/26/2006 City Commission Meeting Minutes April 10, 2006 Mr. De Ramon: -- and again, those are rents that we don't control. They've been provided to us by the State. Commissioner Spence -Jones: OK, so rents will range -- so that -- and I'm speaking to the folks that, you know, live and, you know, they're in the community so that they have an understanding, is that they range from $345 -- which is very reasonable -- to 800 -- Mr. De Ramon: On the maximum, the three bedrooms, yes. Commissioner Spence -Jones: -- for the three bedrooms, so the rents -- part of this whole, to my understanding -- and I'm learning all this myself and I'm quick to tell you that -- is tax credits. The whole purpose of even getting the tax credit is so that they can reduce the rents so that folks can afford to actually live in the units. I just want to add in my closing on all of this is that I want to really make sure -- because 1 don't want -- you know, last time I signed my -- asked for somebody to sign in blood and it changed on me, so I want to make sure that if we grant or support a project like that -- like this, that we -- if you don't get the tax credit -- because I understand we're having this emergency meeting because of the tax credit issue. If you don't get the tax credits, 1 want to make sure -- and I want -- City Attorney -- Mr. City Attorney, you tell me if I'm correct on this. If you do not receive the tax credits, then I want to make sure we put some kind of stipulation in that this project either needs to come back in front of the City Commission, or you know, it goes away. You tell me the best way to do it because what I don't want to have happen is for me to say yes and give this special exception or support it, and then, six months down the line, if they don't get the tax credit, then I'm stuck, and next thing I know, 1 got market rate housing going in this area, and I really don't want to have that happen, so I'm making sure that I don't get caught in the same situation again. Mr. Fernandez: Yes. This is a special exception and you may condition the grant of this special exception on them being able to deliver, as they have represented here, affordable housing in the rental -- Mr. De Ramon: Yes. Mr. Fernandez: -- sense, and of course, it follows that if they get it through the tax -- Mr. De Ramon: Credits. Mr. Fernandez: -- credit, that you can impose that. They should be making a proffer on the record that they would only continue to develop this land, pursuant to the grant of the special exception, if they get the tax credit, and having them make that proffer, that would, of course, further legitimize their intent and comply with your request, Madam Commissioner. Commissioner Spence -Jones: Thank you, so that would -- I would want to hear that from you today. Mr. De Ramon: Excuse me? Commissioner Spence -Jones: I would want to hear that from you this morning to make sure it doesn't change on me, and 1 would want to make sure that there is -- after this meeting -- some communication with the folks over there so they have input as to what happens within the area from a design standpoint to make sure that it keeps in (UNINTELLIGIBLE) to the Little Haiti community because 1 think that that was also one of the concerns, and making sure that there is some sort of tie into the existing 71st Street business corridor that we're trying to at least establish from District 5's perspective, and that would be my only issues with the project. We need housing and we need decent -looking projects happening in the area. YMC [sic] has been -- YMCA has been a long tenant in the area and it's been doing great things, and yes, they have City of Miami Page 14 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 had some issues with their building, you know, but hopefully -- that's why we want to put a new fresh one there -- Mr. De Ramon: Yeah. Commissioner Spence -Jones: -- so that would be -- Mr. De Ramon: There's no problem. Commissioner Spence -Jones: -- and I would defer to my colleagues on the rest of it. Mr. Fernandez: And prior to the applicant making the proffer that they're about to make, it should be in the context that this is a special called meeting of the City Commission on an emergency basis precisely so that they could meet the deadline for application for the tax credit and other things, and so, therefore, it would make it very germane. Mr. De Ramon: Yeah, and I would just like to clam that we may not be able to get the funding because of the competitive nature of the tax credits, but it's our goal, our commitment to develop this as an affordable housing to apply for this year, for the following year, or whenever time it takes necessary for us to get the complete development, and we're going to work with this group and some of the other groups that are in the neighborhood. We're going to work with the Planning Department, as we're going to go through the MUSP. Thank you. Commissioner Spence -Jones: Affordable -- Mr. De Ramon: Affordable, yes. Commissioner Spence -Jones: -- from the perspective that we talked about. Mr. De Ramon: Yes, absolutely. Commissioner Spence -Jones: OK, all right. Ms. Slazyk: So, the applicant is proffering that they will only continue to develop this project pursuant to the applied tax credits for affordable housing. If not, it would have to come back for the City Commission for a separate review and approval. Mr. De Ramon: Yes. Commissioner Sanchez: All right. Resolution has been amended. All right, Commissioner. Commissioner Spence -Jones: Do you have any -- ? Commissioner Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: I just had a question on the amount of the rental. It's been answered, and also my understanding was that that tax credit was a sure thing, if today, this project is approved, not that you're -- have the possibility. Mr. De Ramon: What happens, Commissioner, is that in order for us to be under the competitive group of applications, we need to have complete applications and perfect scoring. We have the perfect scoring. We don't have the complete application because we're missing two forms that is depending of this resolution; one is the zoning approval and the other one is site approval, which the director of Zoning have to execute. We are missing those forms, and if we don't get those forms executed by today, which is the deadline, we are not going to be a part of the competition. City of Miami Page 15 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 We're just going to be out, but we cannot guarantee that we're going to win because it's a lot of conflicting applications and scoring criteria, and the lotto number, so -- but we have to be in the ballpark Commissioner Regalado: So, it's proper that you would include, as a condition, the primary condition, the (UNINTELLIGIBLE) because if not, defeats the whole purpose of -- Ms. Slazyk: Correct. Commissioner Regalado: -- affordable housing. That's it. Commissioner Sanchez: All right. I just have a few questions, but I just want to make a statement. This is a situation I certainly don't like to be in. Although I praise you for affordable housing and what you want to do there with the YMCA, it is a situation, once again, the gun is put to our heads. I mean, why did the developer take so long to bring this to us when today, as we speak, is the deadline for this, so it puts me -- and I speak for myself -- in a very awkward situation. Second, I believe this sets a terrible precedence with other agencies, such as yours, that are out there trying to seek these tax breaks and wait till the last minute, for whatever reason something doesn't go right in one of the other filtering processes that we have here at the City, and then we're here to make that decision, so I'm not comfortable with the situation, though I am prepared to move it because if there is a champion here for affordable housing, it is, I believe, myself and this legislative body and the Administration, but I can assure you one thing. I want to make sure that everything that's said here is on the record and you keep your promise because if you don't, if you just bend one of the conditions that you proffered, it'll be this Commissioner who will bring it back to this Commission, motion for reconsider to stop it. Mr. De Ramon: And Commissioner, I do appreciate the efforts and commitment to affordable housing that this body has show over the months and years in the past, and I would like to explain a little bit about the timing of this situation, and I'm probably speaking on behalf of all the developers in the room. One of the really constraints that we have on site control is that buyers no longer accept long-term contracts that it used to be in the past. The normal, in the past, you can just (UNINTELLIGIBLE) aside for "X" amount of period of time while you work along. They give us little windows, and when you find a site that requires a special exception or rezoning, we need to rush with the architects, present some elevations, floor plans, or what have you, and go through the process in the City, which is internal review, get on the agenda for one of the Planning meetings or zoning meetings, or -- it takes months just to follow the agenda, so we were, I would say, kind of the agenda to be on the March either 10 or 27. I mean, the timeframe was working tight, but you know, according with the process to be on time toward the April 10 deadline, and whatever circumstances happened on the Zoning Advisory Board the other evening, that created this situation that we ended up with a 4/2, and I think it was a requirement of five positive votes to get it passed, so -- Commissioner Sanchez: Well, on the record -- Mr. De Ramon: -- I want to apologize on that, but that's kind of the history of developments. Commissioner Sanchez: -- a motion was made, but it didn't -- it failed to constitute a vote of approval, right? Mr. De Ramon: Yeah. We needed -- Commissioner Sanchez: So it -- Ms. Slazyk: Yeah. It requires -- City of Miami Page 16 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Ms. Pardo: It was -- Ms. Slazyk: -- five affirmative votes, and they had a motion to approve, and they got four affirmative votes. They were -- Ms. Pardo: Right. Ms. Slazyk: -- one short. Commissioner Sanchez: All right -- Ms. Pardo: Because it was a -- Commissioner Sanchez: -- but -- Ms. Pardo: -- short board that night. Commissioner Sanchez: -- here's the thing. If this Administration and this body is so focused on affordable housing, then why are we assisting these agencies to expedite the process so we could give them a fair due process where they are not in this situation and we are not put in the situation because what 1 would like -- it's -- there was a request of a young lady -- move to deferral. If we're not comfortable with the situation, if there's things that weren't answered, then we would feel comfortable to say, hey, we'll defer it. We'll bring it back, but understanding the time problem here, that if we don't approve it today, they don't make it to the tax credit process, so it's denied, and we lose not only affordable housing, whether it's ownership or rental, but it really -- it's an awful situation for me to be up here and chairing this meeting to be in this situation. However, I understand our priorities. It's the YMCA, which it provides a service. It's rental, which they need more in that area -- Mr. De Ramon: Yeah. Commissioner Sanchez: -- you know, and it's not -- it's -- there's a big difference out there, and I always try to educate people. It's affordable housing or affordable rental; it's not public housing Mr. De Ramon: That's correct. Ms. Slazyk: Right. Commissioner Sanchez: -- so we need to educate people on that because people just thinly hey, you know, it should be public housing everywhere, and although I support public housing, I support affordable housing, I could tell you this much. If you put too much affordable housing in one area, then what you're doing is an injustice to that entire area. You create ghettos, and that's what we don't want here. We want to make sure we're able to put people to -- in affordable housing where they're in a building where they can't look at the building and point at that building and say, you know, everybody who lives there, they're all poor. They're all second-class citizens. No. We want to make sure you point at a building and you don't know who lives there, because you have people who have money and people that don't have money, and if people don't realize that's the biggest problem we have in this world today is that we continue to separate the poor from the rich, and it continues to create an injustice that is untolerable [sic] and unacceptable, and not only in our country but throughout the world, so having said that, I think there's many a discussion on the item. The appropriate motion here is a motion to -- Ms. Slazyk: Grant the appeal -- City of Miami Page 17 Printed on 9/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Sanchez: -- grant the appeal -- Ms. Slazyk: -- and reverse the Zoning Board. Commissioner Sanchez: -- and reverse the zoning, so is there a motion on the floor? Commissioner Spence -Jones: So -- Commissioner Sanchez: There is a motion by Commissioner Spence -Jones. Is there a second? Commissioner Regalado: I'll second with -- Ms. Slazyk: The conditions and the proffer. Commissioner Regalado: -- the proffer and -- Commissioner Sanchez: Wait, wait. Commissioner Regalado: -- specifically -- Commissioner Sanchez: Before we lose the record, second by Commissioner Regalado with the proffer. Commissioner Regalado: With the proffer, and with a information to the members of the Commission. If you did have the tax credit -- because if you don't, that would give time to the area Commissioner to start meeting, and you know, do not surprise us again, you know, with coming back here. When I came in, I told members of the Administration today we don't sit here as Commissioners, we sit as firefighters because we're putting fires out, and it's very uncomfortable, but the need for rental is -- one comment that I would like to make is the numbers here are very logical. However, as we know, the tax assessor, property appraisal goes around raising the value of the property. Now, the question is, if there is a YMCA, a not -for -profit, would that include the whole structure, or that is the only area that will not pay taxes? Mr. De Ramon: I don't want to speak as a tax expert, but my opinion, or my impression, is that the land, which it is owned by a not -for -profit organization, may be exempt and continue to be exempt. We will be paying taxes on the residential. That's one of the difference that may happen in this case, but I don't know what the tax assessor will do. Commissioner Regalado: Well, OK. I'm just saying that, you know, in two years after you build it, if they -- Mr. De Ramon: We're going to get hit. Commissioner Regalado: You're going to get hit, then the people get hit, and it doesn't -- it's not at par with the salary of the -- Mr. De Ramon: No, but they don't pay the taxes. They're limited to -- Commissioner Regalado: No, no. I understand that. Mr. De Ramon: (UNINTELLIGIBLE). Commissioner Regalado: You pay, but you have to pass on -- Mr. De Ramon: But we can't pass that on. That's kind of the problem that we having. Ciry of Miami Page 18 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Regalado: OK, so good Commissioner Sanchez: All right. No further discussion. There's a motion and a second. It's a resolution. All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries, 3/0. Thank you. Mr. De Ramon: Thank you very much. PZ.2 06-00416x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,TO ALLOW A MULTIFAMILY USE OF A DENSITY EQUAL TO "R-3," IN THIS CASE "R-4," FOR THE PROPERTY LOCATED AT APPROXIMATELY 250 NORTHWEST 22ND LANE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-00416x Analysis.pdf 06-00416x Zoning Map.pdf 06-00416x Aerial Map.pdf 06-00416x Application & Supporting Docs.pdf 06-00416x Plans.pdf 06-00416x Fact Sheet ZB 03-27-06.pdf 06-00416x ZB Reso.pdf 06-00416x Appeal Letter.PDF 06-00416x Legislation (Version 3).PDF 06-00416x Exhibit A.pdf 06-00416x Legislation (Version 4).PDF 06-00416x Exhibit A.pdf 06-00416x Fact Sheet CC 04-10-06.pdf 06-00416x submittal letter.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Winton R-06-0232 Commissioner Sanchez: PZ2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ2 is also an appeal of a Zoning Board decision. This was also a special exception to allow multifamily residential units on C-2 property. The property address is 250 Northwest 22nd Lane. This proposal includes approval City of Miami Page 19 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 of 127-unit structure. The Department also for this one -- we also found that the ten -story building in this one is not keeping in the height and scale of the particular surrounding neighborhood. We believe that this one also has a wider range of building types and housing options that could be provided in order to better transition this building in bulk and scale to the character of the surrounding neighborhood. The use, however, is appropriate. It does meet the criteria for a residential use in a C-2. Therefore, as in the previous one, we are not approving this one per plans on file. We're asking that the final project -- the applicant continue to work with the Planning Department, in order to make sure that the final project responds to better transition to the neighborhood context regarding height, scale, and massing, but the use is appropriate. Commissioner Sanchez: All right. Sir, you're recognized for the record. Good morning. Tony Recio: Mr. Chair, good morning, members of the Commission. My name is Tony Recio, law office at 2665 South Bayshore Drive. I'm here representing Moriah Apartments, Ltd, and Pinet (phonetic), which is a subsidiary of Pinnacle Housing Group. I'm joined here by Mr. Mitch Friedman from Pinnacle Housing Group, as well as our architect, Robert Behar, and Mr. Gil Pastoriza from our office. We appreciate you having called this special meeting. As you know, the time frames are very tight and we appreciate you considering this. At the outset, I want to proffer the same condition that we heard you loud and clear on on the last one, that this be affordable, elder -- this is an elderly housing project, I should say that first. We want to proffer the same condition, that this be affordable elderly housing, or it would have to come back to the Commission, and we mean the definition that the State provides between 33 -- affordable by -- between 33 and 60 percent of the median income. Now, as you know, we're before you this morning on a reversal of the Zoning Board's decision to permit this 127-unit elderly housing development. As you may be aware, this project is being supported by the City's Community Development Department. I'd like to ask Mr. Pastoriza to submit that to the Clerk. We all know that there's a great need for this type of housing in the community. Essentially, this item is before you to discuss and for you to pass your wisdom on the location of this project and whether a residential use is warranted here. Now, the property is located just off of Northwest 2nd Avenue and off of 22nd Lane. It's zero -- it's 1.26 net acres, and it's 127 units at -- although we would be permitted 189 residential units -- this is at 127; it's about a third less of what would be permitted, and we're trying to provide the best housing project. Even though this is affordable housing, this is elderly housing, we want to put forward the best project here. Now, the -- I want to emphasize that this is a special exception to allow the use. This is C-2 property. C-2 property permits this use, subject to a special exception. This is not a rezoning of any kind. This is just a special exception. Now, a special exception requires two criteria be satisfied. Number one is the proposed site's proximity to other residentially -zoned property makes it a logical extension or continuation of existing residential development. To speak to that criteria, we have R-3 zoning, which is multifamily residential zoning, to the south. We've also got an approved residential project about a half block to the north, and more importantly, we have the sister project to this project, which is the Galleria apartment building, which is also an affordable housing project, which is immediately to our west. Now, what you see here is the Galleria Apartment building, which is going to work in concert with the Moriah apartment building, which is under your consideration today. We want -- the plan is to have a central courtyard. Galleria will have its own parking structure, and Moriah will have its own surface parking lot. We're going to have a central courtyard to provide some joint, passive open space for the two projects. This was approved in early March by the Zoning Board. This is the one that we're on today. Getting back to the special exception, the second criteria requires that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents. This is infrastructure. I'm sorry. This is infill property, which has adequate infrastructure. There's water and sewer available. There -- the roads have capacity, both Northwest 2nd and Northwest 22nd. There are bus routes immediately off of the property. Bus Route 2 runs along Northwest 22nd Avenue; Bus Route 32 runs along Northwest 20th Street, which is a couple of blocks to the south. There is a park in the area. Now, although the property is adequately serviced by schools, I just want to City of Miami Page 20 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 emphasize this is an elderly housing project, so the schools would be great, but they're not needed. This is 55 -- this is housing for 55 years and older. As I said before, the Zoning Board addressed these criteria on the other projects in the area, and they found that they were adequate. Staffs recommendation is for approval of this project based upon strict conditions. Those conditions include working with staff to evolve the project into something that better responds to the area. Now, we've already begun the evolution of this project, and we've added some elements that I just want to touch upon briefly. We've added balconies to the project. We've internalized the loading. We've got units that open to the street and to the courtyard, essentially helping out this facade along the street so that we can provide a better project. Planning is still reviewing all of these drawings, and we continue -- we want to be committed -- we are committed to working with staff to get the best pro -- to put forward the best project possible. At this time, if you have any questions, I'm here to answer them, as well as Mr. Friedman and the architect, but we would urge you, please, to reverse the Zoning Board's decision. Commissioner Sanchez: All right, and you're -- Mr. Recio: Thank you. Commissioner Sanchez: -- requesting time for rebuttal? Mr. Recio: Yes, please. Commissioner Sanchez: All right. The public hearing is open at this time. Anyone from the public wishing to address this item, please step forward and be seen. Seeing none, hearing none, the public hearing is closed, coming back -- you don't have any rebuttal, so it comes to the Commission. Commissioner Regalado, you're recognized Commissioner Regalado: Question, you said housing for 55 and older. How would they qualify? What would be the process? Mr. Recio: I'd like to ask Mr. Friedman to address that question, specifically, but -- Mitchell Friedman: Thank you. Good morning, Commissioners. Commissioner, the applicants are qualified based upon income, and of course, their age. They have to be at least 55 and older. Commissioner Regalado: Fifty-five and -- Mr. Friedman: And older, and they have to be income -qualified to earn within a certain band of income that makes them quali -- Commissioner Regalado: Is it a lottery? Mr. Friedman: Excuse me? Commissioner Regalado: Is it a lottery? Mr. Friedman: No. It's really first come, first served. Whoever qualifies the first, but it's not a lottery. Pamela Burns (Assistant City Clerk): Excuse me. We need your name for the record, please. Mr. Friedman: Mitchell Friedman, Pinnacle Housing Group. City of Miami Page 21 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Regalado: OK. Commissioner Sanchez: All right. No further discussion. We need a motion approval -- the motion is to -- Commissioner Spence -Jones: I just --1 do have some questions. Commissioner Sanchez: OK. You're recognized, Commissioner Spence -Jones. Commissioner Spence -Jones: Just real fast, just so that 1 have clarity on the property. Is this close to the Aspira (phonetic) Lombardi property off of North -- I think it's Northwest 2nd Avenue? Is this close to this? Mr. Friedman: I'm not familiar -- which property you're referring to, but it is off of Northwest 2nd -- Commissioner Spence -Jones: Not the -- OK. Mr. Friedman: -- and Northwest 22nd Lane. Commissioner Spence -Jones: Because Aspira (phonetic) is supposed to be moving from one location, and I thought it was close to this address or part of this project. Are you saying that no? Mr. Friedman: I'm just not familiar with the property that you're referring to. This is off of -- Commissioner Spence -Jones: Is it Lom -- OK, Lombardi. Can you -- ? Ms. Slazyk: I'm not sure which one. Commissioner Spence -Jones: Is this next to this? David Lombardi: Hi. Close. Commissioner Sanchez: State your name and address for the record Mr. Lombardi: David Lombardi, 167 Northwest 25th Street, Miami. Yeah. Thanks. We built Wynwood Lofts on 23rd Street. The County owns land -- Commissioner Spence -Jones: Between there, right? Mr. Lombardi: Well, yes. It wraps around Wynwood Lofts here. Commissioner Spence -Jones: OK. Mr. Lombardi: This project is across 22nd Lane, so that project you refer to is called Harmony, and we're hoping to get that approved for this site here. Commissioner Spence -Jones: OK. I just wanted to have clarity on -- I know that when I toured the site, I was thinking that this was the same site, but it's not; it's on the side of this, so no -- just 'cause I want to have clarity on it, the land itself, was it land that you purchased or the County gave you this land for this project? Mr. Lombardi: No. This is -- we have a contract for purchase from Artist Lofts LLC. City of Miami Page 22 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Spence -Jones: OK All right. All right, that was one question. Then the other question I had, again -- you know, you supposed to be bringing me a pint of blood today. Mr. Lombardi: I understand. Commissioner Spence -Jones: It's OK. Long as we clear that from now on, you know, if the project is approved, you know, today, I just want to be very clear, it's only based upon the tax credits. Mr. Lombardi: Certainly, and we want to -- we proffered that condition and -- Commissioner Spence -Jones: OK -- Mr. Lombardi: -- we will accept. Commissioner Spence -Jones: -- and I appreciate you starting off with that -- Mr. Lombardi: Thank you. Commissioner Spence -Jones: -- to make sure that we don't have that as an issue. From Pinnacle's perspective, I really want to make sure -- I know that you guys have been very good with including local artists in all your projects, Brito -- Mr. Friedman: Libo -- Commissioner Spence -Jones: -- Libo -- Mr. Friedman: -- and Brito. Commissioner Spence -Jones: -- and Brito. I really -- that is the Wynwood area. I would like to really make sure that you work along with the local artists in the area, because that was one of the issues and concerns that some of the artist folks from the community had, is that they'd like to have some participation in projects like this coming in their neighborhoods, so I would definitely want to make sure that you include reaching out to the Bakehouse or other artist -based organizations in the area, to make sure that they're included in the project, and I really don't have an issue with the project. Again, that area is an area where we definitely need, you know, housing. I support the project, so I'll move it. Commissioner Sanchez: All right. Commissioner Spence -Jones: That was my only issue with it. Commissioner Sanchez: There's a -- Commissioner Regalado: I'll second -- Commissioner Sanchez: -- motion -- Commissioner Regalado: -- with the conditions. Commissioner Sanchez: -- by Commissioner Spence -Jones, second by Commissioner Regalado to approve the appeal -- approve the project with the conditions -- that have been proffered, which is one, based on the tax credit -- Ms. Slazyk: Right, and the other three are the three conditions; that the Planning Department City of Miami Page 23 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 imposed -- Commissioner Sanchez: Continued? Ms. Slazyk: -- which are in the package. Commissioner Sanchez: OK. Could you state them on the record -- Commissioner Spence -Jones: Yes. Commissioner Sanchez: -- so they know? Ms. Slazyk: OK. They're really long, but OK. Number one -- Commissioner Sanchez: Well, don't read them. I mean, just state what they are. Commissioner Spence -Jones: Abbreviate them, yeah. Ms. Slazyk: Oh. The first one is regarding the design review regarding the height, scale, and massing. The second one is that the parking reduction, which is included in this -- special exception includes a parking reduction for elderly; that they have to bring us the written certification from the state or federal agencies proving that it is for affordable elderly, and the last one is, they had to record a covenant, providing that the ownership, operation, and maintenance of all the facilities will be by the property owner or an association prior to the issuance of a permit, and then the fourth would be accepting the proffer that the City Commission just accepted. Commissioner Sanchez: All right. They have been placed on the record. Hearing no further discussion, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 3/0. PZ.3 06-00417v 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO AUTHORIZE A BUILDING STRUCTURE OF THIRTEEN STORIES WITH A MAXIMUM ALLOWED HEIGHT OF 120' A.G.L. AT TOP OF SLAB WHERE A MAXIMUM OF TEN STORIES IS ALLOWED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 244 NORTHWEST 72ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City of Miami Page 24 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 06-00417v Analysis.pdf 06-00417x & 06-00417v Zoning Map.pdf 06-00417x & 06-00417v Aerial Map.pdf 06-00417v Application & Supporting Docs.pdf 06-00417x & 06-00417v Plans.pdf 06-00417v Fact Sheet ZB 03-27-06.pdf 06-00417v ZB Reso.pdf 06-00417v & 06-00417x Appeal Letter.PDF 06-00417v Legislation (Version 3).PDF 06-00417x & 06-00417v Exhibit A.pdf 06-00417v Legislation (Version 4).PDF 06-00417x & 06-00417v Exhibit A.pdf 06-00417v Fact Sheet CC 04-10-06.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Winton R-06-0234 Commissioner Sanchez: We go to PZ 3. Tony Recio: Thank you. Commissioner Sanchez: You're welcome. PZ 3 is a variance appeal on 244 Northwest 72nd Terrace. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right, and this is also a companion to PZ.4, which is the appeal of the special exception. Commissioner Sanchez: All right. Is there a motion? Is there a motion? Commissioner Spence -Jones: What, we're on PZ4? Commissioner Sanchez: PZ.3. Commissioner Spence -Jones: I thought we moved it. Wait. Give me a minute. Ms. Slazyk: Three and four are companions with each other. Three is not a companion of two. Commissioner Sanchez: Yeah, but we got to vote on PZ3. We voted on PZ2. We didn't vote on them both. Commissioner Regalado: No, no. Ms. Slazyk: No. Commissioner Regalado: We voted on 2. Ms. Slazyk: You -- Commissioner Sanchez: Yeah, we -- Commissioner Regalado: You voted on PZ.1 -- City of Miami Page 25 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Sanchez: -- haven't voted on -- Commissioner Regalado: -- on PZ2 -- Ms. Slazyk: Right. Three, you haven't received -- Commissioner Regalado: -- so you need to -- Ms. Slazyk: -- the presentation yet. Commissioner Regalado: -- listen -- PZ 3, you need to listen to the Administration, and then -- Mr. Recio: Right, 3 -- Commissioner Sanchez: Right. Mr. Recio: -- is bundled with 4 -- Commissioner Sanchez: Yeah, yeah. Mr. Recio: -- not with 2. Commissioner Sanchez: Oh, 3 -- Mr. Recio: Three and four are together. Commissioner Sanchez: -- is bundled with 4. Ms. Slazyk: Yeah. Commissioner Sanchez: OK, I'm sorry. Ms. Slazyk: Right. Commissioner Sanchez: All right. Ms. Slazyk: Two, you just voted on; 3 and 4 are companion items, and it's the address you just read It's 244 Northwest 72nd Terrace. This one, the variance and the special exception are both required for the project. The variance is -- the C-2 district allows 120 feet height or 10 stories. They're staying within the 120 feet, but they're doing 13 stories within that 120 feet. We had recommended approval. The Zoning Board denied the variance, and that's the appeal that's before you today. Number 4, PZ.4 is the companion special exception. This is the same as 1 and 2. This one is for the actual use. This was the one that allows the multifamily residential use within the C-2 district. This one was also -- we recommended approval with a series of conditions; again, not per plans on file. We want the applicant to continue to work with the Planning Department; to respond to better transition to the neighborhood context. We do believe the use is appropriate, though, and we've recommended approval of the use, not per plans on file, so that they can keep working with us on that. Commissioner Sanchez: All right. Why don't we do something: Let's take PZ 3; it's a variance. We could either vote it up or down, and then we'll go to PZ 4 and 5, so on the variance, you heard the recommendation from the City Administration. Is there a motion to approve the appeal for PZ. 3? There's none. City of Miami Page 26 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Adrienne Pardo: Could 1 just -- Commissioner Spence -Jones: You move this -- Ms. Pardo: -- state for the record and just say one thing real briefly on that, just for the record? Unidentified Speaker.' Yes. Commissioner Spence -Jones: I just want to -- Commissioner Sanchez: Yes. You're recognized. Ms. Pardo: Adrienne Pardo, with law offices at 1221 Brickell Avenue. I just wanted to state with regards to the variance on the height that the Code says in the C-2, 120 feet or 10 stories, whichever is less, which really, you know, we felt, didn't make sense, because if you're going to be 120 stories, what does it matter how many -- I mean, if you're going to be 120 feet, why does it matter how many stories you are? In this case, the staff has made an amendment, which has already gone before the Commission, and it's completely separate from our item, but you've already voted on that on first reading to change the C-2 so it'll only read 120 feet in height, and that our project before you is for 120 feet in height, but because it was 13 stories and not 10, we had to request the variance. You want me to explain that again? You didn't -- Commissioner Sanchez: 1 know. I don't have a problem with the item. Ms. Pardo: OK. Commissioner Spence -Jones: Well, 1 want to make sure I understand it, though, so -- Commissioner Sanchez: But -- Commissioner Spence -Jones: -- are we saying that it's -- ? Ms. Pardo: We are -- Commissioner Spence -Jones: How many -- Ms. Pardo: -- at a -- Commissioner Spence -Jones: -- feet now? Ms. Pardo: We are not exceeding 120 feet in height. Ms. Slazyk: Right. Ms. Pardo: It's just the way the Code read. It was a technicality, where it said 120 feet in height or 10 stories, whichever is less. Usually, they would say whichever is more. Ms. Slazyk: OK The City Commission has already approved, on first reading, an amendment to the Zoning ordinance -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- to just clean that up -- Commissioner Spence -Jones: I'm aware of that. City of Miami Page 27 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Ms. Slazyk: -- so it's 120 feet, period -- Commissioner Spence -Jones: Right. Ms. Slazyk: -- but because they filed before that amendment -- Commissioner Spence -Jones: Oh, I see. Ms. Slazyk: -- was approved by the Commission, they technically had to request a variance. They couldn't wait for our text amendment to go through because they had this deadline of today for this project, so they went ahead and filed the variance as a companion item to your PZ4, which is their special exception. On this one, we found that it was consistent with the criteria, so we're recommending approval of their appeal and approval of the variance, and all the conditions are going to be attached to PZ.4, which is their use. Commissioner Spence -Jones: OK. Commissioner Sanchez: All right. Is there a motion to approve PZ.3 with the conditions and proffers that had been put on the record -- well, you'll put on the record? Ms. Slazyk: The -- I think their proffer is going to come on PZ.4 -- Commissioner Sanchez: All right. Ms. Slazyk: -- for the use. Unidentified Speaker: Mr. Chairman -- Commissioner Spence -Jones: So moved. Unidentified Speaker: -- it's a -- Commissioner Regalado: I'll -- Unidentified Speaker: -- public hearing. Commissioner Regalado: -- second it. Commissioner Sanchez: OK, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized There's a motion by Commissioner Spence -Jones, second by Commissioner Regalado. Sir, your name and address for -- Howard Brodsky: Yes. Commissioner Sanchez: -- the record. Mr. Brodsky: Good morning again. My name is Howard Brodsky, 2701 South Bayshore Drive is where my law office is. I guess this is kind of like form over substance because the real issue is PZ.4, so what I'd like to do is object to PZ3, but reserve the argument relating really to PZ.4 because I think they go hand -in -hand -- Commissioner Sanchez: Um -hum. Mr. Brodsky: -- so I think the better way to -- I'm not -- I'm suggesting probably -- City of Miami Page 28 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Sanchez: You're suggesting we do PZ.4 first? Mr. Brodsky: Yes. It would make sense because that's like the real issue. Commissioner Sanchez: All right, sir, we'll do what you want to do today. Today is your day here at City Hall. Mr. Brodsky: Well, thank you. Commissioner Sanchez: All right. Let's go to PZ.4. Ma'am, you're recognized. Commissioner Regalado: Well -- Unidentified Speaker: I already presented. Commissioner Regalado: -- we had a motion for PZ.3 -- Commissioner Spence -Jones: I know. Commissioner Regalado: -- so -- Commissioner Spence -Jones: You want to -- Commissioner Regalado: -- what do we do? Commissioner Spence -Jones: -- withdraw it? Commissioner Sanchez: Well, listen, whoever made the motion, is there a motion to just withdraw the motion? Commissioner Spence -Jones: Motion withdrawn. Commissioner Sanchez: All right, the motion has been withdrawal [sic]. There's nothing on the record. PZ 3, there was no action taken. We'll take it after PZ.4. "[Later...]" Commissioner Sanchez: And we go now to -- can we do PZ 3 or do we have to wait -- ? Jorge L. Fernandez (City Attorney): Yes. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. Mr. Fernandez.: No, you have to do PZ 3 now. Commissioner Sanchez: All right. Let's go to PZ 3. PZ 3, it's a variance. I mean, all we need is a -- Ms. Slazyk: Yeah. Commissioner Sanchez: Sir, your stipulation to PZ 3. You want to stipulate on the record? Howard Brodsky: I rest on my argument as it relates to 4. City of Miami Page 29 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Sanchez: Thank you. All right, is there a motion on PZ.3? Commissioner Spence -Jones: So moved. Commissioner Regalado: I'!! second it. Commissioner Sanchez: There's a motion on PZ.3 by Commissioner Spence -Jones. The item has been second by Commissioner Regalado, and it is to approve the appeal -- Ms. Slazyk: Right. Commissioner Sanchez: -- and -- Ms. Slazyk: Grant the appeal and reverse the Zoning. Commissioner Sanchez: -- reverse the Zoning, OK. Adrienne Pardo: Just for technicality, just to incorporate what I had stated earlier into the -- this presentation. Commissioner Sanchez: All right. Ms. Slazyk: And same -- Ms. Pardo: That's all I ask. Ms. Slazyk: -- for the staff -- Commissioner Sanchez: Stipulating -- Ms. Slazyk: -- presentation. Commissioner Sanchez: -- and same for the Administration. Sir. Mr. Brodsky: May I ask just one question? Commissioner Sanchez: Sure, come on up. It's your day today. Mr. Brodsky: As I understand it -- Commissioner Sanchez: State your name and address for the record. Mr. Brodsky: Howard Brodsky, 2701 South Bayshore Drive. As I understand it, the language that the City Attorney was just talking about is going to be incorporated into also Item 1, right? Mr. Fernandez: No. Commissioner Sanchez: No, no. Mr. Fernandez: Item 1 -- Mr. Brodsky: It's just this one? Mr. Fernandez: Just this -- City of Miami Page 30 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Sanchez: PZ (Planning & Zoning) -- Mr. Fernandez: -- one. Commissioner Sanchez: -- 4. Mr. Brodsky: OK, fine. I just wanted that clarification. Thank you. Commissioner Sanchez: OK. You're welcome. All right, same for the Administration. All right, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any discussion on the item? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. PZ.4 06-00417x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO "R-3" OR HIGHER, IN THIS CASE "R-4," FOR THE PROPERTY LOCATED AT APPROXIMATELY 244 NORTHWEST 72ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-00417x Analysis.pdf 06-00417x & 06-00417v Zoning Map.pdf 06-00417x & 06-00417v Aerial Map.pdf 06-00417x Application & Supporting Docs.pdf 06-00417x & 06-00417v Plans.pdf 06-00417x ZB Reso.pdf 06-00417x Fact Sheet ZB 03-27-06.pdf 06-00417x ZB Reso.pdf 06-00417v & 06-00417x Appeal Letter.PDF 06-00417x Legislation (Version 3).PDF 06-00417x & 06-00417v Exhibit A.pdf 06-00417x Legislation (Version 4).PDF 06-00417x & 06-00417v Exhibit A.pdf 06-00417x Fact Sheet CC 04-10-06.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Winton City of Miami Page 31 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 R-06-0233 Commissioner Sanchez: PZ.4. Madam Applicant, you're recognized Adrienne Pardo: Yes. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of the Gatehouse Group, which has a contract to purchase the subject property, and we are requesting -- this is also for an affordable housing project. With me here today is Mr. Marc Plonskier and Mr. Nick Inamdar, and we're requesting a special exception to have residential in the C-2 district. I have a map here that shows you where the subject property is located. It's located on 72nd, just west of Northwest 2nd It's outlined in blue, and again, with regards to the criteria of the Code, having an extension and being near the residential, we are -- we have the R-3 to the north and then you have some R-2 residential to the south. As you know, the affordable housing is very important in this community. We believe that -- we know that there's other properties, residential, in the area, but this is going to be brand new affordable housing. It'll -- it's required by law, for 50 years to remain affordable housing. The rents are -- it is also rental. The rents are very affordable, and if you'd like, I have Mr. Plonskier here, who can address that as well, with regards to services in the area. Again, we have the grocery store, we have surrounding schools that we feel that there are adequate services, and then I'll just leave time for rebuttal, and if you'd like Mr. Plonskier to speak, we can do that as well. Commissioner Sanchez: Who? Ms. Pardo: Mr. -- Commissioner Sanchez: You got -- Ms. Pardo: -- Plonskier. Commissioner Sanchez: -- somebody else? Ms. Pardo: He's with Gatehouse. Commissioner Sanchez: That's up to you. Ms. Pardo: No. I'll reserve it for -- Commissioner Sanchez: All right. Ms. Pardo: -- rebuttal. Commissioner Sanchez: Sir, you're recognized. Please state your name and address for the record. Howard Brodsky: Again, my name is Howard Brodsky, at 2701 South Bayshore Drive; it's where my law office is, and we have the same objections to this as we did PZ.1, and the only thing is I'd like to emphasize that I think what's being lost here is the intent of what we're doing, and that is commercial, and I think what you're doing is you have people that have been in this community for a long time and have been operating businesses, and the people who live there should be able to have places to work, and the whole place should be for a commercial purpose, which is what is there now, and I think to do this -- particularly, we're talking about a -- now we're talking about a ten -- or actually, a 13-story building. That has to do with the aesthetics and whether it logically flows. I think, before, when I heard in not keep -- is not in keeping with the height and scale of the traditional urban fabric of Little Haiti, I think staff took exception to my characterization of not being consistent, or I don't remember the exact word I used, but I think we're mincing words here. "In not keeping with the height and scale of the traditional urban fabric of Little Haiti" says it's not consistent with what's there, so I think to go forward on City of Miami Page 32 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 this and to reverse this appeal or to reverse the Zoning Board would be a mistake on those two bases, but I think y'all need to really think about the commercial implication, the job implication, and what is the intent of what we have there, and wouldn't it be better to bring businesses in there rather than bring housing in there, which may preclude or give business owners the idea that we don't want to come here; we're going to go somewhere else, and it just doesn't make any sense at all, and you're going to be putting the true -- actually, the owners of the property that are currently there, that have been there, like for instance, Mr. Carruth, for 60 years, in a situation where his whole way of doing business may change in the future. I don't know what implications this may have on Mr. Carruth. Maybe he's now going to start getting complaints from people about the fact that he's operating a roofing business there. I don't know that, because we're putting housing -- I don't know how many people -- within such close proximity to a roofing company. Why should he be in a position now to be worried about whether he's going to get sued; somebody's going to come before the Commission to say, "Hey, you know what, we don't want you to do roofing there anymore," as a result of bringing more residential housing into a commercial -zoned area. It's just -- it's illogical and it doesn't make sense. I keep hearing over and over and over again how there is no space. There's space all over the place. It's just a matter of going out and finding it and doing this in a residential -zoned area where it makes sense. Why are we going to infringe upon a commercial area; possibly bring problems to existing people who work in this community, and what's the purpose behind it? Thank you. Commissioner Sanchez: Thank you. Jorge L. Fernandez (City Attorney): Mr. Chairman. Commissioner Sanchez: Yes, sir. Mr. Fernandez: To address the concern that the speaker raised, let me give you some guidance, based on my experience. Whenever there is a rub, like the one that you have here, that a historical use, as he's claiming, is being broached by some other use, typically what we have done in the past in other jurisdictions where I have been, is that there is a requirement placed on the developer that either in the warranty deed, if the development is to be sold house by house, or in the rental agreement, or in some other way, that there be a full disclosure on the part of the developer that anybody taking possession, taking ownership -- and I gather that these are rental units also -- that there be a disclosure broadly stated in capital letters, in bold letters, that says that they take with the knowledge and they take with the assumption that they cannot complain, they cannot be heard to make an issue of nuisance out of preexisting uses that had been in that area, which are entitled to be there. This is the classical situation where farmland, for example, begins to be taken over by development, by growth, and then when individual homeowners buy and they no longer like the smell of cow manure, or they no longer like the, you know, whatever use is being historical in that area, then they would have complained, but for the fact that when they took ownership of that property, there was a full disclaimer in the warranty deed that they took with knowledge of all of that. Do you understand what I'm trying to say? Commissioner Sanchez: Yes, sir. As a matter offact, we've done that on the Miami River. Mr. Fernandez.: That's right, and so whenever -- and so this may -- this will be a very valid condition that you may impose on these special exceptions, and it would be something very creative for staff and us to work with the developer to make sure that there is that type of notice given to the project participants, be they renters, or owners, or whatever they do, that they take possession knowing that this preexisting uses are legitimate and cannot be complained of. Commissioner Sanchez: All right, so stated on the record. You get that counsel, just in case there is a motion to consider that in the -- as a proffer? Ms. Pardo: Yes. My client had said that they could agree to put something in their rental City of Miami Page 33 Printed on 9/26/2006 City Commission Meeting Minutes April 10, 2006 agreement with regards to that, but just -- if I could just state on the record, if we could put it as long as Mr. Carruth owns that property and operates that business. I don't know if there's objection to that. Mr. Fernandez: Well, it would be drafted in such a manner that would deal with all preexisting uses, whatever they are in that area. If this property owner, at some future time, sells his property and the property gets put to a similar use to the one that the developer's putting, then that conditions becomes, you know, not applicable, or by its face, it's not a preexisting use. Commissioner Sanchez: But as long as there is a business, a roofing business, or any other business. Mr. Fernandez: Any other business existing -- Commissioner Sanchez: OK, just can't be one business. Mr. Fernandez: -- and allowed in that area. Commissioner Sanchez: Could be surrounding business. Ms. Pardo: And we'll work with staff; because I just want to make sure that ifyou have a business that keeps their property in total disrepair -- I'm not saying he does, but I'm saying if something was to come up in the future -- Mr. Fernandez: The -- Ms. Pardo: I don't know. Mr. Fernandez: Again, the nature -- Ms. Pardo: I'm sure they've done this before -- Mr. Fernandez: -- of the -- Ms. Pardo: -- so they have the language. Mr. Fernandez: -- businesses that are allowed in this area, I doubt that a roofing company's clean and neat and orderly, or that it doesn't produce certain smells or dust, you know, and a similar use may go in there that would be a compatible use to the existing zoning ordinance that may produce some noxious fumes, or may produce some unsightly events. At which point in time, the condition that they're agreeing to would preclude them from complaining against a preexisting use and constitute them, by their complaints, into a nuisance. Mr. Brodsky: May I briefly respond? Commissioner Sanchez: Please. It's your day today here at City Hall, so go ahead. Mr. Brodsky: 1 thank you. I appreciate what I'm hearingfrom the developer, and I appreciate and respect what I'm hearingfrom the City Attorney. Here's the problem, here's the problem. Nobody sitting here, depending on what language we put in a contract, a deed, or anything else, can assure Mr. Carruth that he's not going to get sued by someone or a whole building full of people who are moving into his commercially -zoned area, where he's been operating a roofing company for 60 years by putting certain language into a contract or a warranty deed. Ultimately, Mr. Carruth may prevail in court on a nuisance action, but what I'm trying to explain to this Commission is, we're bringing the problem to the area for what? It's a commercial area. City of Miami Page 34 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 It's not a residential area, so if we bring 250, 350 people into the area that are going to be living within 500 feet of where he's been doing business for 60 years, I'm sorry, guys, we -- none of us can guarantee Mr. Carruth that he's not going to get sued; have to defend a case all brought on by the passing of this special exception. I appreciate the effort, and I think it's all done in good faith, but it -- no one can do that here because everyone knows, if you have $256 or whatever it is, you go down to the court; you file a lawsuit, and $25, 000 in legal fees later, Mr. Carruth wins. We don't want -- why should he be buying this? Commissioner Spence -Jones: Can -- Commissioner Sanchez: Yeah, but let's do something. OK, sir. Mr. Brodsky: That's it. Commissioner Sanchez: That's it? Mr. Brodsky: Yeah. Commissioner Sanchez: OK, thank you. Ms. Pardo: Yeah, just on rebuttal. Commissioner Sanchez: Rebuttal. Ms. Pardo: Well, I just want to address -- Commissioner Sanchez: And we're going to bring it to the Commission. Ms. Pardo: Yes. I just want to address the issue of the roofing company and the smells, et cetera, and being near the residential because I can address that. This is a photograph of Mr. Carruth's building, and it's located -- Commissioner Sanchez: Could I see a picture? That -- is that building -- ? Commissioner Spence -Jones: It's the building for sale? Ms. Pardo: It does have a "For Sale" sign on it. It does have a "For Sale" sign on it, and across the street, you can see, although it's zoned C-2, there is an existing house, and right down the street, right here, this is all residential. Commissioner Spence -Jones: I know. I knew -- Commissioner Sanchez: But whoa, whoa, whoa. It -- that's the -- sir, are you running a business out of that building? No? Are you running a business out of that building? Counsel, you need to speak for your client. I mean, you've done an eloquent job of representing him. Mr. Brodsky: He's running a roofing company -- Commissioner Spence -Jones: Right. Mr. Brodsky: -- out of Carruth Roofing. Commissioner Sanchez: There's a business going on out of that building right now? Mr. Brodsky: I don't know which building we're referring to. City of Miami Page 35 Printed on 4/26/1006 City Commission Meeting Minutes Apri{ 10, 2006 Ms. Pardo: I'm re -- Commissioner Spence -Jones: The one that says "Carruth; " that has a "For Sale" sign on it. Ms. Pardo: Right. I've been there personally; I didn't smell anything. Mr. Brodsky: Which one are we talking about? Commissioner Spence -Jones: Is that -- ? Ms. Pardo: We're talking the one right -- Commissioner Sanchez: Counsel. Ms. Pardo: -- on 71 st Street. Commissioner Sanchez: Hey, counsel? Mr. Brodsky: Yeah. Commissioner Sanchez: Counsel, it's OK. Mr. Brodsky: Yeah. Commissioner Sanchez: All right. Rebuttal, go ahead. Ms. Pardo: So I just wanted to make the point that you have residential with regards to affecting this existing building; that you have residential, which is -- there is -- although it's zoned C-2, there's a house there, and then you've got residential all down this street within 500 feet of the existing subject property, so it's not as if we're introducing a residential use to an area that doesn't have residential in this particular commercial district. Commissioner Sanchez: Thank you very much. It comes to the Commission. Commissioner Regalado: OK. Can I -- ? Commissioner Sanchez: Can we have at least a motion and a second, and then we'll debate it -- discuss it? Commissioner Spence -Jones: So moved. Commissioner Sanchez: There's a motion -- Commissioner Regalado: Second. Commissioner Sanchez: -- to -- Commissioner Spence -Jones: I do have discussion, though. Commissioner Regalado: Second for discussion. Commissioner Sanchez: OK, and you will have all the time you want for discussion, but there is a motion by Commissioner Spence -Jones, second by Commissioner Regalado, and that is to approve the appeal and approve the project with the conditions -- City of Miami Page 36 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Regalado: OK. Commissioner Sanchez: -- that'll be stated on the record Commissioner Regalado, you're recognized Commissioner Regalado: The recourse that the resident have, in case that they are bothered by any smells or chemical, will be, one, Miami -Dade County Health Department; second, DERM (Department of Environmental Resources Management), because these are the agencies that deal with these issues of health. I would think that suing, because of smell, it would not be very amicable to the courts because if not, all the people in Fisher Island will be suing because of the water treatment plant in Virginia Beach, which is right across Fisher Island, and it's really smelly, and you know, that fear of getting sued, unfortunately, apparently, doesn't work, not in the City of Miami because residents sue to get adult living facilities, and then adult living facilities sue the City and they prevail, so 1 don't see that as an argument to avoid a residential project. It could others. It could be --1 don't know why. I've seen in the paper, Lourdes, that there is a request from Little Haiti owners that want to do housing and the City won't allow it, and this is like close, right, to the area where it's not being allowed housing, so I don't know what is the difference in criterias [sic] here, but I just want to make the point that the suing issue, for me, it's not a valid issue, so that it is. Commissioner Sanchez: Commissioner Spence -Jones. Commissioner Spence -Jones: I just want to add again, I toured the area of 71 st Street, and -- you know, both projects, the one we heard earlier and the one we're hearing now, it's definitely going to change the face of that area. The businesses over there, many of them, not necessarily speaking of Carruth's business, but many of those businesses in that area, that commercial area, there's a lot of clean-up that needs to happen in that little section because it's a mess, OK, so 1 do think that having something like this project, the project we talked earlier will help enhance the area. Now, 1 have been strong advocate of saving commercial areas, industrial areas because we do need these areas for jobs to come back to the area, so on that note, I definitely -- Ifeel it's important to do, but for this particular project -- and I think it's a special project because it's really touching -- the Gatehouse project touches the YMCA (Young Men's Christian Association) project, which means there's some really cool, creative things that we can do in that area, and Ms. Pardo, since you represent the other client that's participating, 1 would like to at least see some sort of coordination that goes on between both groups to create a real neat project in that particular community in that area. I just would like to ask, however, because we are doing a whole 71 st Street plan, doing an assessment grant to really clean up a lot of the stuff that's in the area from 71st all the way from the northwest section to the northeast section, which is by McArthur Dairy, I would like to ask if Gatehouse, if there's any way that we can -- both your clients, really, Ms. Pardo, if we can work to create a cool gatehouse -type of -- a gateway -type of feature, something to kind of clean up the area, because you're going to put these great apartment buildings, you know, units there, and even it's -- if it's just from a standpoint of some small beautification things that we can do coming from the railroad side of it to the overpass way, I just think that it's going to stick out like a sore thumb. If anyone has traveled that area, you know, it's -- it really needs to be some sort of consistent feel with things happening over there, so I want to know if I can encourage Gatehouse to, one, work along with the other group that's going to be on the side of this project, and you know, hopefully through Planning, Lourdes, and Ana, we can come up with some cools things to do to really make it flow with whatever else is happening there. Mr. Fernandez: Mr. Chairman, while Ms. Pardo is consulting with both of her clients with regard to the suggestion made by Commissioner Spence -Jones to see if this would lead to a proffer, let me make sure that I -- the record clearly states that the motion is with the amendment -- amendments already included on the package that Ms. Slazyk made reference to, as well as the City of Miami Page 37 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 amendment with regard to the tax -- Ms. Slazyk: Credit. Commissioner Spence -Jones: Yes. Ms. Slazyk: The proffer. Mr. Fernandez: -- financing that -- it's in place, and then you still have the third notion, which is what I introduced to you, whether you would want also a condition stated in the special exception relative to nuisance and -- Commissioner Sanchez: Absolutely. Mr. Fernandez: -- so that's the motion that is presently on the floor, the one with all of those conditions, and now Ms. Pardo may -- Marc Plonskier: Marc Plonskier with Gatehouse. First of all, thank you very much for meeting. I know this was very, very difficult, and we really do appreciate it. With respect to streetscape improvements, which I agree is sorely needed for the area, certainly we would want to work with the City to try to come up with something. It certainly enhances our community, the desirability of these apartments, and I assume the same thing would be true of Gonzalo and De Ramon and Carlisle as well, and we'd like to work with you in that. With regard to the proffer, the only comment I will make in terms of the drafting is, you know, in light of the fact that this property appears to be on the market -- and the area is perhaps changing somewhat and so forth -- I would just ask that we not have to put a provision in our lease saying to residents, "By the way, there's noxious odors and look out" -- that it not be anything quite -- Commissioner Sanchez: It doesn't -- Mr. Plonskier: -- as over -- Commissioner Sanchez: -- have to be worded in that way. Mr. Plonskier: No. Commissioner Sanchez: It just have -- you have to warn them that, you know, that -- Mr. Fernandez: All -- Commissioner Sanchez: -- and I'll make -- when the time comes, I'll make my argument and I'll - - as a policy maker, I'll direct the attorney to start wording the language so we're comfortable with the language. It won't be -- Mr. Plonskier: Yeah. Commissioner Sanchez: -- what you stated. Mr. Plonskier: Right. Commissioner Sanchez: I mean, who's going to rent there if you have a -- Mr. Plonskier: No. I have -- you know -- Commissioner Sanchez: All right. City of Miami Page 38 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Mr. Plonskier: Thank you. Commissioner Sanchez: All right. Commissioner Regalado: OK. Mr. Plonskier: Yep. Commissioner Sanchez: All right. Commissioner Spence -Jones: I guess I got a yes that you would -- both groups, Ms. Pardo, I know that -- would work together to create -- Commissioner Sanchez: All right, so we have a motion and a second with the conditions that are set forth, but I don't think we have the motion that had been stated on the record. Counsel, I believe you need to state that on -- as -- Ms. Pardo: Yes. Commissioner Sanchez: -- the record as you accept the -- Ms. Pardo: Both my clients have agreed to that. Commissioner Sanchez: Thank you very much. It's all about keeping record here. All right. Counsel, it was your day today, sir. Let me just take this opportunity to praise you for representing your client in a very eloquent and professional manner. Mr. Brodsky: Thank you. Commissioner Sanchez: I could see your clients being here protecting their interest and hiring you to represent them on the issue. The area in itself is truly not enjoying economic vitality at this time, as you could see, and at times, these certain projects that come along -- and I could understand your concern, and I'm not going to state them on the record, but I could understand the vitality and the reasoning why you're here arguing for your client's interest, but these client - - these clients -- and when I say clients, you're talking 372 people that are going to have an opportunity to rent in an area that didn't have that type of a housing, whether it's affordable or not affordable, but it is rental. It is a drop in a gallon of water -- a bucket of water that's going to clearly start bringing into that area more economic vitality. Now, the concern that you may have is that you may need to have your client sit down with the attorney afterwards and maybe, in the future, producing some type of special exception or specialty overlay in that area to protect the character of the corridor or the neighborhood just like you're here protecting, you know, your client's interest, and that's what I think that you should do, but this project in that area, I consider it to be the -- starting of an economic engine to bring truly economic vitality to that area, because from the pictures that I see, it's not enjoying that right now, so having stated it on the record and your argument that was well made, I have to do what's right for the City and the people that I represent, not your client, and therefore, I'm going to be supporting this appeal and this project, so having said that, there's a motion and a second. It is a resolution. All in favor, say "aye." Mr. Fernandez: Mr. Chairman. Commissioner Sanchez: With conditions. Oh, and Mr. City Attorney, could you somehow come up with a language where it doesn't say, you know, you'll be moving into a building that's going tobe -- City of Miami Page 39 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Mr. Fernandez: Well, 1 can, but to the extent that this is an issue that the applicant has shown some level of discomfort with the sheer brilliance of my idea, let me make sure that it's on the record so that there is no delaying this any further, and the condition will read something like this. There may be a few changes in words to make it read more grammatically correct, but it will be like "Full disclosure shall be given to anyone owning or renting" -- and we need to ascertain the nature of that in the project -- "that they take with the knowledge that they are coming to the nuisance" -- again, we need to find another way of saying that, but the sense is that people are coming into a zoning district that allows a whole host of activities that they -- pure residential may find incompatible, and that they waive the right to object to the secondary effect. That's a critical concept, secondary effect. If you're running a commercial operation, like anyone in that zoning district can now do, you will have light, you would have traffic, you would have odors, you will have any -- all of those are secondary effects, so we need to, again, be a little bit sharper with our definition of that, but clearly, it is that secondary effects in this type of existing zone are there, and they're taking with full knowledge that they're coming to it and that they waive rights that they may have to otherwise complain. Commissioner Sanchez: In a commercial area, and I see the merit and the valid to that stipulation. Mr. Fernandez: Yeah, and the secondary effects would, of course, be legal, you know, because we will not allow fumes that otherwise would be killing people off -- Commissioner Sanchez: Hazardous to someone. Mr. Fernandez: -- but -- dust, for example, a certain amount of dust is, you know, implicit in running a commercial operation, and if it exceeds the standards that the County govern -- County EPA (Environmental Protection Agency) or whatever it is that regulates, of course, and that would not be applicable, but otherwise, with a clear knowledge that they're coming to the nuisance and they -- Commissioner Sanchez: All right. Mr. Fernandez: -- have to accept. Ms. Pardo: If we could just take out the word "nuisance," and put in there language — and we'll work with Law Department. We'll propose something that says -- Mr. Fernandez: I'm not comfortable with the word "nuisance" because that's a term of art that evokes many other things -- Ms. Pardo: Right. Mr. Fernandez: -- but the notion, the sense of -- Commissioner Sanchez: Listen, you -- Ms. Pardo: Right. There's non -- Commissioner Sanchez: -- could work that out. Ms. Pardo: -- residential uses allowed -- Commissioner Sanchez: Listen -- City of Miami Page 40 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Ms. Pardo: -- in the C-2. Commissioner Sanchez: -- you could work that out with the Administration. Ms. Pardo: OK, we will. Commissioner Sanchez: It's all about the language. You guys work it out. Ms. Pardo: OK. Commissioner Sanchez: The -- Ms. Slazyk: The concept. Commissioner Sanchez: That's -- you guys could sit down and work that out, so what's on the record, there's a motion and a second. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.5 06-00429x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO "R-3" OR HIGHER, IN THIS CASE "R-4," FOR THE PROPERTY LOCATED AT APPROXIMATELY 40 NORTHEAST 75TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-00429x Analysis.pdf 06-00429x Zoning Map.pdf 06-00429x Aerial Map.pdf 06-00429x Application & Supporting Docs.pdf 06-00429x Plans.pdf 06-00429x Fact Sheet ZB 03-27-06.pdf 06-00429x ZB Reso.pdf 06-00429x Exhibit A.pdf 06-00429x Appeal Letter.PDF 06-00429x Legislation (Version 3).PDF 06-00429x Exhibit A.pdf 06-00429x Legislation (Version 4).PDF 06-00429x Fact Sheet CC 04-10-06.pdf 06-00429x submittal Ietter.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 41 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Winton R-06-0235 Commissioner Sanchez: And we go to PZ 5. Jorge L. Fernandez (City Attorney): Mr. Chairman. Adrienne Pardo: Thank you very much. Commissioner Sanchez: PZ 5 is a special exception -- Commissioner Regalado: How long -- Commissioner Sanchez: -- appeal. Commissioner Regalado: -- will this take? Commissioner Sanchez: I'm sorry? Commissioner Regalado: How long will this take? Commissioner Sanchez: I -- it shouldn't be long. How long would your presentation take, counsel? Tony Recio: Less than five minutes. Commissioner Sanchez: All right. Mr. Recio: Be very brief. Commissioner Sanchez: OK. Lourdes Slazyk (Assistant Director, Planning & Zoning): And, then, so will I. We recommend approval with conditions of the appeal; approval of the conditions of the special exception. The property address is 40 Northeast 75th Street. It's for 111 units. We believe that the use is appropriate. Again, as with the others, not per plans on file so they can keep working with us on the design, and -- Commissioner Sanchez: All right. Ms. Slazyk: -- with that, we'd recommend approval. Commissioner Sanchez: For the sake of time, while you set up, is there anyone in opposition to this item? Is there anyone in opposition to this item? There is no one here, OK, but, still, we'll open up the public hearing when it's time. Sir, you're recognized. Mr. Recio: Thank you. Thank you. For the record, Tony Recio, law office at 2665 South Bayshore Drive, here representing Pinnacle Heights Ltd, which is a subsidiary of Pinnacle Housing Group. This is just like the other project; it is an elderly housing project. We are proffering the exact condition that we proffered earlier, which is that this be -- this approval be contingent upon affordable elderly housing, and that -- we approve that. Commissioner Sanchez: And pertaining that you do get the tax breaks. City of Miami Page 42 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Mr. Recio: Correct. Commissioner Sanchez: OK. Mr. Recto: Correct. Commissioner Sanchez: Stated on the record as conditions. Commissioner Regalado: I move it with all the conditions. Commissioner Sanchez: All right, there's a motion by Commissioner Regalado. Is there -- Commissioner Spence -Jones: Second. Commissioner Sanchez: -- a second? Second by Commissioner Spence -Jones. At this time, the public hearing is opened. There was no one in opposition, but anyone wishing to speak on this item, please come forward and test. Hearing -- Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any discussion on this item? Commissioner Spence -Jones: I just -- again, I just want to make sure. I know that you guys do a great job with the local -- this is in the heart of Little Haiti, 75th Street, so definitely want to make -- encourage you to work along with some of the local Haitian artists in the area; to really make sure -- the building -- it looks like a great building and -- the bottom part of it, just so that I'm clear, is that retail on the bottom of it? Commissioner Sanchez: That's because you have a good architect, Fidel Perez. Commissioner Spence -Jones: OK. Fidel Perez: Fidel Perez. Commissioner Sanchez: Yes. Commissioner Spence -Jones: Very nice. 1 love the building. What -- Commissioner Sanchez: Free public announcement. Commissioner Spence -Jones: -- is on the bottom of -- ? Is that retail or what? Mr. Perez: No. It's all residential. We have some common spaces for the neighborhood or the community, but -- Commissioner Regalado: Thank you. Commissioner Spence -Jones: Is that true? Commissioner Sanchez: She just needs to be aware of it. Commissioner Spence -Jones: I'm learning. I'm learning. Commissioner Sanchez: Because you're -- the tax breaks that you're obtaining, she -- there's no commercial in the front. Mr. Perez: There's no commercial in the front. City of Miami Page 43 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Sanchez: That -- you wish you could do that, but the -- Mr. Perez: We wish. Commissioner Sanchez: -- government doesn't allow you to do that. Mr. Perez: That's correct. Commissioner Spence -Jones: But for sen -- is that true? I'm -- you can't do -- Commissioner Sanchez: Would I lie to you? Commissioner Spence -Jones: No, you wouldn't. I just want to be clear. You can't do retail at all? Mitchell Friedman: It is possible that we could do retail. It's not -- Commissioner Spence -Jones: But not for seniors, right? Mr. Friedman: I beg your pardon? Commissioner Spence -Jones: It could happen with seniors, too? Mr. Friedman: It could, but it -- you would have to see if it's -- that would be a market -driven question, whether or not the retail would be successful there. In our opinion, we do not think it would be. Pamela Burns (Assistant City Clerk): Could we have the name -- your name for the record, please? Mr. Friedman: Mitchell Friedman, Pinnacle Housing Group. Commissioner Spence -Jones: So that's just common use space on the bottom, correct? Mr. Perez: Actually, we have units facing the street, so you have the ground floor units -- you do come from the sidewalk into the units. Commissioner Spence -Jones: OK Mr. Perez: You don't go through the building, and we do have some spaces that are common spaces in the ground floor, so you have three spaces in the ground floor that are common spaces for the community use. Commissioner Spence -Jones: OK. Ms. Burns: Sir, your name for the record. Mr. Perez: Fidel Perez, Perez & Perez Architects, 2121 Douglas Road. Commissioner Sanchez: All right. Any further discussion on the item? If not, we need a -- we have a motion to accept the appeal and approve the project with the conditions that have been stated on the record All right, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 44 Printed on 4/26/2006 City Commission Meeting Minutes April 10, 2006 Commissioner Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and congratulations. 1 can -- Mr. Friedman: Thank you very much. Commissioner Sanchez: -- tell you today that a lot of these projects that are going out to the community, a lot of hard-working, decent people are going to benefit from these projects, all right, so we -- Mr. Recio: Thanks again. Thank you. Commissioner Sanchez: -- need a motion to adjourn. Well -- Commissioner Spence -Jones: So move. Mr. Fernandez: So moved. Commissioner Sanchez: There's a motion by Commissioner Regalado, as he walks out, second by Spence -Jones. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and this special meeting is adjourned MOTION TO ADJOURN A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, to adjourn today's meeting. City of Miami Page 45 Printed on 4/26/2006